Sch 5 para 3
(1) Enforcement regulations may authorise an enforcing authority to serve a notice on an operator who has breached the emissions limit duty requiring the operator to pay such a financial penalty in respect of the breach as is specified in, or calculated in accordance with, the notice or the regulations. (2) Enforcement regulations which provide for the imposition of financial penalties— (a) may not permit an enforcing authority to impose a financial penalty in respect of a breach of the emissions limit duty in any year which began more than 5 years before the year in which the notice imposing the penalty is served; (b) may require enforcing authorities, in imposing such penalties, to have regard to any guidance issued by the appropriate national authority; (c) may provide for such penalties to be instead of, or in addition to, requirements imposed under enforcement notices.