36Shortfall statement

36 Shortfall statement (1) If the ESC considers that a relevant entity is in breach of an obligation under section 27 in respect of a year, the ESC may issue a shortfall statement to the relevant entity. (2) The shortfall statement must set out— (a) the name and postal address of the relevant entity; (b) the relevant entity's energy efficiency certificate shortfall for the year; (c) the energy efficiency shortfall penalty that the relevant entity is liable to pay under section 28; (d) the manner in which that penalty is to be paid; (e) the time within which that penalty is to be paid; (f) any other information which may be required by the ESC. (3) The shortfall statement must include a statement advising the relevant entity that if the energy efficiency shortfall penalty is not paid in accordance with the shortfall notice, the ESC may apply to a court for an order requiring the penalty to be paid.