Guidance

Alternative fuel labelling regulations

Updated 22 April 2024

Guidance on enforcement actions and associated rights

Alternative Fuel Labelling and Greenhouse Gas Emissions (Miscellaneous Amendments) Regulations 2019

April 2024

OPSS enforces the above Regulations. This guidance, which sits alongside our Enforcement Policy, explains the enforcement powers that are available to OPSS when addressing non-compliance with the Regulations.

Information is also available on the requirements of the Regulations and complying with these.

Read about the Regulations.

1) Introduction

1.1 The Office for Product Safety and Standards (OPSS) is part of the Department for Business and Trade and enforces a range of regulations on behalf of the Secretary of State. Our primary purpose is to protect people and places from product-related harm, ensuring consumers and businesses can buy and sell products with confidence.

Read about our approach to delivering regulation.

1.2 The regulations enforced by OPSS include the Alternative Fuel Labelling and Greenhouse Gas Emissions (Miscellaneous Amendments) Regulations 2019 (referred to in this guidance as ‘the Regulations’). ^{[footnote 1]}

References in this guidance to ‘OPSS’ refer to OPSS acting as the Secretary of State for the purpose of these regulations.

1.3 This enforcement guidance should be read alongside our Enforcement Policy. Our Enforcement Policy explains our approach to addressing non-compliance, providing a framework for our decision-making and helping those affected by our enforcement activities to understand how and why decisions are made, while this guidance explains the specific powers that are available to OPSS when addressing non-compliance under the Regulations.

1.4 The guidance explains the following actions that are available to OPSS under the Regulations:

a) service of a Compliance Notice on a business, requiring action to be taken (see section 2)

b) imposition of a Civil Penalty (see section 3) on a business, requiring payment of a financial penalty

1.5 This guidance also explains the statutory rights that are set out in the Regulations to object to or appeal enforcement action that we have taken.

1.6 Where you do not have statutory rights to object or appeal, you are still entitled to challenge any action that we are taking against you or your business. These rights to challenge are explained in our Challenges and Appeals Guidance.

Read our Challenges and Appeals Guidance.

1.7 If you have a concern about our approach, or the behaviour of our staff, please send us your comments or complaint. Our complaints processes are explained in our Complaints Procedure.

Read our Complaints Procedure.

2) Compliance Notices

2.1 A Compliance Notice is a written notice, served by OPSS, which requires a business to take action, within a specified period, to remedy a breach of the requirements of the Regulations.

2.2 OPSS is able to serve a Compliance Notice where it is satisfied that there has been non-compliance with obligations set out in Regulations 4, 5 or 6 of the Regulations.

2.3 OPSS will take any failure to complete the actions specified in a Compliance Notice satisfactorily within the specified period seriously and will consider imposing a Civil Penalty (see section 3). The Compliance Notice will indicate the likely amount of the civil penalty that may be imposed if there is a failure to remedy the breach; and the basis on which it has been calculated (see Penalty amount).

2.4 OPSS is likely to serve a Compliance Notice in response to continuing non-compliance, where we consider that advice or guidance alone is not an appropriate response, or as an escalating response where advice or guidance have not delivered the required improvements.

2.5 Where OPSS decides to serve a Compliance Notice, the notice will set out the remedial actions required and the date by which the breach must be remedied.

2.6 OPSS publishes details of any Compliance Notice that we serve, in line with our Enforcement Policy. The published details may be updated to indicate where OPSS has subsequently determined that the requirements of the notice have been met.

3) Civil Penalties

3.1 Where OPSS has served a Compliance Notice under the Regulations and there has been a failure to comply satisfactorily with the requirements of the notice, we may serve a Civil Penalty Notice, requiring payment of a financial penalty within 28 days of the date of the Civil Penalty Notice.

OPSS can impose Civil Penalties without recourse to the criminal courts. Penalties are payable to the Consolidated Fund and are not retained by OPSS.

3.2 OPSS will take any failure to pay a Civil Penalty seriously and can pursue the unpaid penalty as a debt in the relevant civil court.

3.3 Where OPSS decides to serve a Civil Penalty Notice, you are entitled to object to the penalty imposed (see section 4). We will set out your rights when we inform you of our decision.

3.4 OPSS publishes details of any Civil Penalty that we impose, in line with our Enforcement Policy. The published details may be updated to indicate whether the penalty has been paid.

Penalty amount

3.5 The Regulations specify the maximum civil penalty that may be imposed in relation to non-compliance with particular obligations as set out below.

3.6 In respect of each breach, by an infrastructure operator, of the labelling requirements of the Regulations (Regulation 4(1)), the maximum penalty is £500 for each fuel dispenser or nozzle.

3.7 In respect of each breach, by a vehicle manufacturer, of the labelling and information requirements of the Regulations (Regulation 5(1)), the maximum penalty is £100 for each vehicle or user manual.

3.8 In respect of each breach, by a vehicle dealer, of the labelling requirements of the Regulations (Regulation 6), the maximum penalty is £100 for each vehicle.

3.9 The level of the penalty is determined by OPSS, up to the maximum specified in the Regulations. In line with its Enforcement Policy, OPSS will usually set a starting point for its calculation of the penalty that takes account of the potential or actual harm associated with the breach; culpability factors; and position in the market. It will then take account of any relevant mitigating or aggravating factors that it is aware of, or that are brought to its attention, in order to determine the level of the penalty.

3.10 The mitigating and aggravating factors that OPSS may consider include:

a) prompt and full disclosure in relation to the non-compliance

b) any known practical or technical reasons for continuing non-compliance

c) any early action to remedy the non-compliance or its effects

d) any restorative or restitutional action taken

e) the compliance history of the person

f) the period of the non-compliance

g) a co-operative approach in dealing with OPSS

h) any evidence of general commitment to compliance and to acceptance of responsibility for non-compliance and its effects

i) any financial gain attributable to the non-compliance

4) Statutory rights to object and appeal

4.1 Where OPSS decides to impose a Civil Penalty you are entitled to object by sending written notice of your objection to OPSS. We will set out your rights when we inform you of our decision.

4.2 The Civil Penalty is not payable while any objection is being considered.

4.3 You must send your objection in writing within 28 days after the date of the Civil Penalty Notice, using the contact details specified in the notice. You must set out the reasons for the objection. You should make clear whether you are objecting to the basis on which the Civil Penalty has been imposed and/ or the level at which the penalty has been set and should provide sufficient information and supporting evidence to enable OPSS to make an informed decision in relation to the penalty.

4.4 Following consideration of the objection, OPSS may uphold the penalty, reduce it, or cancel it. You will be notified of our decision, and the reasons for the decision, in writing. Where our decision is to uphold or reduce the penalty, it will be payable within 28 days of the date of the notice.

4.5 Where OPSS has considered an objection to a Civil Penalty Notice and has upheld it or reduced it, you are entitled to appeal against our decision to the First-tier Tribunal on the grounds set out in Regulation 17(1). We will set out your rights when we inform you of our decision.

4.6 You must exercise your right to appeal within 28 days of the date of the notice from OPSS that the Civil Penalty has been upheld or reduced. The Civil Penalty is not payable while an appeal is being considered.

4.7 The Tribunal may uphold, reduce or cancel a Civil Penalty, or may decide to remit the matter to OPSS for determination, in which case the Tribunal may choose to give a finding or direction to OPSS.

4.8 To exercise your right to appeal, use the Notice of Appeal (General Regulatory Chamber) (Form T98).

Access form T98 and guidance on completing it.

Read further information on the General Regulatory Chamber.

5) Footnotes

1. References in this guidance to legislation should be taken to refer, where applicable, to that legislation as amended. ↩