36Changes to liability for energy savings shortfall penalty as result of amended assessment

36 Changes to liability for energy savings shortfall penalty as result of amended assessment

36 Changes to liability for energy savings shortfall penalty as result of amended assessment

(1) An energy savings shortfall penalty payable as a result of an amendment to an assessment is taken to be payable on the later of the following dates—

(a) the date that is 7 days after the date notice of the amended assessment is given to the scheme participant concerned by the Scheme Regulator, or

(b) the date on which an energy savings shortfall penalty would have been payable under the original assessment.

(2) The Scheme Regulator may extend the period for payment of any energy savings shortfall penalty that becomes payable as a result of an amendment to an assessment.

(3) A scheme participant whose liability for an energy savings shortfall penalty is reduced as a result of an amended assessment is entitled to a refund of any excess energy savings shortfall penalty paid under the previous assessment.

(4) If an assessment has been amended in any particular, the Scheme Regulator may, within one year after the day on which an energy savings shortfall penalty became payable under the amended assessment, make any further amendment of the assessment that (in the Scheme Regulator’s opinion) is necessary to effect any just reduction in the scheme participant’s liability under the assessment.