37Application for declaration and order for payment of shortfall penalty

37 Application for declaration and order for payment of shortfall penalty (1) If an energy efficiency shortfall penalty is not paid in accordance with a shortfall notice, the ESC may apply to a court for— (a) a declaration that the relevant entity has contravened section 27; and (b) an order requiring the relevant entity to pay the energy efficiency shortfall penalty. (2) If the court is satisfied that the relevant entity has contravened section 27, the court may— (a) make the declaration sought; and S. 37(2)(b) amended by No. 41/2021 s. 75. (b) order the relevant entity to pay to the ESC for payment into the Essential Services Commission Enforcement Fund the amount of the energy efficiency shortfall penalty that the relevant entity is liable to pay under section 28. (3) An order made under this section is taken, for the purposes of enforcement, to be an order made by the court in a civil proceeding. S. 37A inserted by No. 34/2022 s. 41.