Guidance

Heat network regulations

Updated 7 November 2024

Guidance on enforcement actions and associated rights

Heat Network Regulations

July 2024

OPSS enforces the heat networks regulations listed at paragraph 1.2 below. 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 and guidance on the requirements of the regulations, and complying with these, is also available:

Read about the Heat Networks Regulations.

Read about the Energy Bill Relief Scheme Pass Through Requirements.

Read about the Energy Bills Discount Scheme Pass Through Requirements.

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 following (referred to collectively in this guidance as ‘the Regulations’): ^{[footnote 1]}

• the Heat Network (Metering and Billing) Regulations 2014
• the Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022
• the Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (Northern Ireland) Regulations 2022
• the Energy Bills Discount Scheme Pass-through Requirement (Heat Suppliers) Regulations 2023, Regulation 10

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. These actions are set out in Schedule 4 to the Metering and Billing Regulations and are referred to in those regulations as ‘civil sanctions’:

a) acceptance of an Enforcement Undertaking that is given to OPSS by a heat supplier or intermediary, committing to taking actions in relation to non-compliance (see section 2)

b) service of a Compliance Notice on a heat supplier or intermediary by OPSS, requiring action to be taken (see section 3)

c) imposition of a Non-Compliance Penalty on a heat supplier or intermediary by OPSS, requiring payment of a financial penalty (see section 4)

1.5 This document does not explain our approach to prosecution, which is covered in our Enforcement Policy. OPSS is able to prosecute as an alternative to serving a Compliance Notice or accepting an Enforcement Undertaking in relation to offences under the Metering and Billing Regulations. In addition, OPSS is able to prosecute where there has been an offence under the Metering and Billing Regulations and there is a subsequent failure to complete actions specified in an Enforcement Undertaking or Compliance Notice and to pay a subsequent Non-Compliance Penalty. ^{[footnote 2]} OPSS is not able to prosecute in respect of breaches of other regulations in scope of this guidance.

1.6 Use of the various actions that are available to OPSS is determined on the facts of the individual case, in line with our Enforcement Policy. We select proportionate action(s) with the aim of preventing or mitigating the risk of harm and/ or changing business behaviour, including through the use of sanctions.

1.7 This guidance also explains the statutory rights that are set out in Schedule 4 to the Metering and Billing Regulations to make representations in respect of enforcement action that we are proposing to take, or to appeal enforcement action that we have taken.

1.8 Where you do not have statutory rights to make representations 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.

1.9 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.

Terminology

1.10 For the purposes of this guidance, the following terms are used:

a) The ‘Metering and Billing Regulations’ refers to the Heat Network (Metering and Billing) Regulations 2014.

b) The ‘EBDS Regulations’ refers to the Energy Bills Discount Scheme Pass-through Requirement (Heat Suppliers) Regulations 2023.

c) The ‘EBRS Regulations’ refers collectively to: the Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022 and the Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (Northern Ireland) Regulations 2022.

d) The ‘membership requirement’ refers to the requirement to become a member of the consumer redress scheme (Regulation 9(2)(d) of the Energy Bills Discount Scheme Pass-through Requirement (Heat Suppliers) Regulations 2023; Regulation 9(1)(d) of the Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022).

e) The ‘pass-through notification requirement’ refers to the requirement to provide name, business address and contact details to OPSS (Regulation 11 of the Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022; Regulation 10 of the Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (Northern Ireland) Regulations 2022)

1.11 The Metering and Billing Regulations impose requirements on ‘heat suppliers’ while the EBRS Regulations impose requirements on ‘intermediaries’ and the EBDS Regulations impose requirements on ‘intermediaries’ and ‘qualifying heat suppliers’. This guidance uses those terms as they are used in the relevant regulations.

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

2) Enforcement Undertakings

2.1 An Enforcement Undertaking is a written agreement through which a heat supplier or intermediary that has failed to meet its obligations under the Regulations commits to undertake specific actions within a specified timeframe and these commitments are accepted by OPSS. An Enforcement Undertaking may be accepted where OPSS has:

• reasonable grounds to suspect that an offence has been committed under Regulation 11(1) of the Metering and Billing Regulations
• reasonable grounds to believe that an intermediary in Great Britain has failed to comply with the membership requirement in the EBRS Regulations
• reasonable grounds to believe that an intermediary in Great Britain or Northern Ireland has failed to comply with the pass-through notification requirement in the EBRS Regulations
• reasonable grounds to believe that an intermediary has failed to comply with the requirements of an Information Notice served by OPSS under the EBRS Regulations

However, OPSS considers it unlikely that a circumstance would arise in which it would be appropriate to accept an Enforcement Undertaking in relation to an obligation which it considers can be quickly and easily met, such as the membership requirement; a notification requirement; or the requirements of an Information Notice (see section 2.15).

2.2 Enforcement Undertakings are not available to intermediaries or qualifying heat suppliers in relation to any failure to comply with requirements of the EBDS Regulations.

2.3 The actions that are specified in the Enforcement Undertaking must be:

a) actions to ensure that the non-compliance does not continue or, where applicable, recur

b) actions to ensure that the position is, so far as possible, restored to what it would have been if the non-compliance had not taken place, or

c) actions (including the payment of a sum of money) to benefit any person affected by the non-compliance

2.4 Where OPSS accepts an Enforcement Undertaking and all of the actions specified in the Enforcement Undertaking are completed within the specified timeframe(s), no further enforcement action will be taken in respect of the non-compliance to which the Enforcement Undertaking relates.

2.5 OPSS will take any failure to complete the specified actions in an Enforcement Undertaking satisfactorily within the specified timeframe seriously and will consider imposing a Non-Compliance Penalty (see section 4).

2.6 A person who has given inaccurate, misleading or incomplete information in relation to an Enforcement Undertaking, is considered not to have complied with it.

2.7 OPSS publishes details of any Enforcement Undertaking that we accept, in line with our Enforcement Policy.

View Enforcement Undertakings accepted by OPSS.

The published details are updated to indicate where OPSS has subsequently determined that the requirements of the undertaking have been met and has issued a Completion Certificate (see section 2.17).

Giving an Enforcement Undertaking

2.8 An Enforcement Undertaking may be given to OPSS by a heat supplier or intermediary that brings the relevant non-compliance to our attention, as well as in circumstances where non-compliance has already come to our attention or that of another regulator. In either case, the Enforcement Undertaking will be assessed by OPSS on a case-by-case basis and the decision as to whether to accept the Enforcement Undertaking rests with us.

2.9 We aim to acknowledge receipt of an Enforcement Undertaking within 5 working days. Please note that expert, technical and/or legal consultation may be required to assess the Enforcement Undertaking and provide a substantive response. While there is no prescribed time frame within which we are required to respond to an Enforcement Undertaking, we will aim to do so within 28 days of receiving the Enforcement Undertaking.

2.10 An Enforcement Undertaking should be sent to OPSS using the contact details below. There is no legally prescribed form for an Enforcement Undertaking, however we can provide a template on request. Please email your request to: heatnotifications@businessandtrade.gov.uk.

2.11 Where the OPSS template is not used, the Enforcement Undertaking must include:

• a statement to the effect that it is given in accordance with the relevant provisions ^{[footnote 3]} in the Metering and Billing Regulations
• the specific actions that are proposed, which must be actions of the type described in section 2.3
• the timeframe within which each action will be completed
• information as to how and when the person giving the undertaking will be considered to have discharged it

2.12 In order for OPSS to make an informed decision on an Enforcement Undertaking, it is important that we are provided with key information about the non-compliance when the Enforcement Undertaking is given, including:

• full details of the non-compliance, including relevant dates
• an assessment of the impact of the non-compliance
• any identified failures which have contributed to the non-compliance occurring
• any actions already taken to stop the relevant non-compliance from continuing, and, where applicable, prevent it from recurring
• details of any action already taken towards the restoration of the position to what it would have been had the non-compliance not taken place, as well as any actions taken to benefit third parties who may have been affected

2.13 Where an Enforcement Undertaking proposes a donation or the carrying out of works for a third party, it should be communicated to the recipients of the donation or works that the donation or carrying out of works is part of an Enforcement Undertaking which has been given to OPSS in relation to a breach of the relevant regulations.

a) Enforcement Undertakings must clearly state that the payment is an unrestricted donation from which the donor derives no benefit.

b) Donations cannot be made to an organisation with whom the donor has a personal or family relationship, or with the trustees or management of that organisation.

2.14 OPSS is more likely to consider it appropriate to accept an Enforcement Undertaking where we are satisfied that the acceptance of the Enforcement Undertaking is a proportionate response to the relevant non-compliance, taking account of the nature, seriousness and circumstances of the non-compliance. In making our decision, we will have regard to the following:

a) whether the Enforcement Undertaking includes sufficient detail – in relation to both the non-compliance and any specified action(s) – to enable us to make an informed decision

b) whether the time period specified in the Enforcement Undertaking is achievable and appropriate, having regard to the nature, seriousness and circumstances of the relevant non-compliance

c) whether the Enforcement Undertaking has been given as an early and proactive response to non-compliance that has been identified, whether by the person giving the undertaking or by another

d) whether there is evidence of a positive commitment to the actions specified in the Enforcement Undertaking and whether this commitment is evident at an appropriate level of the business

e) whether there is evidence of a commitment to transparency to those who may be materially impacted by the non-compliance, where applicable

f) whether we are satisfied, taking account of information provided in the Enforcement Undertaking and from any other source, that the person giving the undertaking is in a position to complete the specified action(s)

g) whether we are satisfied, taking account of information provided in the Enforcement Undertaking and from any other source, that we will be able to ascertain how and when the person giving the undertaking has completed the specified action(s)

h) whether any actions that are specified in the Enforcement Undertaking in order to address continuing non-compliance appear adequate to secure that the non-compliance does not continue

i) whether any actions that are specified in the Enforcement Undertaking in order to prevent future non-compliance appear adequate to secure that the non-compliance does not recur

j) whether any actions that are specified in the Enforcement Undertaking in order to restore the position to what it would have been if the non-compliance had not taken place committed appear adequate to restore the position in so far as it is possible to do so

k) whether any actions that are specified in the Enforcement Undertaking to benefit any person affected by the non-compliance (including the payment of a sum of money) appear proportionate to the impact of the non-compliance

2.15 OPSS is unlikely to consider it appropriate to accept an Enforcement Undertaking:

a) in respect of an obligation which it considers can be quickly and easily met (see 2.1)

b) when there is insufficient detail as to how and/ or when non-compliance will be resolved

c) if the level of non-compliance is not fully acknowledged by the heat supplier or intermediary

d) in respect of non-compliance in relation to which we have already given notice of our intention to serve a Compliance Notice (see section 3)

e) in respect of an offence in relation to which we have commenced or recommended legal proceedings or where we have already determined that a prosecution is appropriate in the public interest

f) in respect of conduct in relation to which we are aware that another regulator has relevant concerns

g) in respect of non-compliance that involved intent or the falsification of information or documentation

h) that includes a clause denying liability

i) that sets up defences for possible non-compliance with the Enforcement Undertaking

j) that purports to restrict our ability to publish details of the Enforcement Undertaking

Variation of an Enforcement Undertaking

2.16 An Enforcement Undertaking that has been accepted by OPSS may be varied, or the period within which the action must be completed may be extended, if OPSS and the heat supplier agree the variation in writing. A heat supplier can apply for a variation or extension of its Enforcement Undertaking by contacting OPSS, using the contact details provided when the Enforcement Undertaking was accepted. There is no specific template to use, but the following information should be provided:

• a copy of the Enforcement Undertaking
• details of the progress that has been made in delivering the actions(s) specified in the Enforcement Undertaking
• the reasons for proposing a variation or extension
• details of the variation or extension that is proposed

Completion Certificates

2.17 When OPSS is satisfied that all of the actions specified in the Enforcement Undertaking have been completed (referred to in the Metering and Billing Regulations as ‘discharge’ of the undertaking) we will issue a Completion Certificate.

2.18 A Completion Certificate can be applied for at any time. When making the application, we will expect you to provide sufficient information to enable us to determine that the actions have been completed. We may require you to provide further information where we consider that this is necessary in order for us to determine whether all of the actions in the Enforcement Undertaking have been completed. Where the actions specified in the Enforcement Undertaking include a commitment to offset detriment caused to a third party, we will require evidence that this commitment has been met, usually by confirmation in writing.

2.19 OPSS must then decide whether or not to issue a Completion Certificate and give you written notice of the decision within 14 days of the application.

2.20 Where OPSS decides not to issue a Completion Certificate you are entitled to appeal against our decision to the First-tier Tribunal (see section 5) on the grounds set out in paragraph 12(5) of Schedule 4 to the Metering and Billing Regulations. We will set out your rights when we inform you of our decision.

2.21 OPSS may revoke a Completion Certificate if it was issued on the basis of information that is subsequently established to be inaccurate, incomplete or misleading. OPSS will send you written notice of any decision to revoke a Completion Certificate and will consider whether further enforcement action is appropriate (see section 2.5).

3) Compliance Notices

3.1 A Compliance Notice is a written notice, served by OPSS, which requires a heat supplier, an intermediary or a qualifying heat supplier to take action within a specified period:

a) to secure that non-compliance with the requirements of the Metering and Billing Regulations does not continue or recur

b) to comply with the membership requirement in Great Britain, either in respect of the EBRS Regulations or the EBDS Regulations

c) to comply with the pass-through notification requirement in Great Britainor Northern Ireland, or

d) to comply with the requirements of an Information Notice served by OPSS under the EBRS Regulations or the EBDS Regulations.

3.2 To serve a Compliance Notice OPSS must:

a) be satisfied beyond reasonable doubt that an offence has been committed under Regulation 11(1) of the Heat Network (Metering and Billing) Regulations 2014, which is the same standard of proof as is required in criminal prosecution

b) have reasonable grounds to believe that the intermediary has failed to comply with the membership requirement or the pass-through notification requirement as set out in paragraph 3.1(c) and (d)

c) have reasonable grounds to believe that the intermediary has failed to comply with the requirements of an Information Notice served by OPSS.

3.3 OPSS is not able to serve a Compliance Notice requiring a heat supplier to take action to achieve compliance with the requirements of the Metering and Billing Regulations and/ or prevent future non-compliance with those regulations where a Compliance Notice has previously been served in relation to the same act or omission.

3.4 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 Non-compliance Penalty (see section 4).

3.5 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. A Compliance Notice may, for example, be considered appropriate in relation to:

• continuing non-compliance with the membership requirement
• continuing non-compliance with a notification requirement
• a continued failure to install metering devices in buildings served by an unmetered heat network

3.6 OPSS is less likely to serve a Compliance Notice where we consider that this is unlikely to be an effective response to non-compliance. This may include circumstances where OPSS has already accepted an Enforcement Undertaking in relation to the non-compliance and the specified actions have not been completed satisfactorily within the specified timeframe.

3.7 Before serving a Compliance Notice OPSS will issue you with a notice indicating our intention. Where we issue a Notice of Intent, you are entitled to make written representations and objections to us in relation to the proposed Compliance Notice. You must do this within 28 days beginning on the day on which you received the notice of our intention. This allows you to raise any concerns in relation to the proposed Compliance Notice.

3.8 Once the period for making representations and objections has expired, OPSS will take account of any written representations or objections and make a decision. Where we decide to proceed with the proposed notice, with or without modifications, we will serve the Compliance Notice.

3.9 Where OPSS decides to serve a Compliance Notice you are entitled to appeal against our decision to the First-tier Tribunal (see section 5) on the grounds set out in paragraph 7(2) of Schedule 4 to the Metering and Billing Regulations. We will set out your rights when we inform you of our decision.

3.10 A Compliance Notice may be withdrawn by OPSS, or may be varied in order to reduce the amount of work required of the heat supplier or intermediary. Where OPSS decides to withdraw or vary a Compliance Notice, we will inform you in writing.

3.11 Where we serve a Compliance Notice in relation to an offence, or offences, under the Metering and Billing Regulations, and all of the specified actions are completed satisfactorily within the specified timeframe(s), we will not initiate criminal proceedings in respect of the offence(s) to which the Compliance Notice relates.

3.12 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.

4) Non-Compliance Penalties

4.1 A Non-Compliance Penalty is a financial penalty that may be imposed by OPSS:

a) where OPSS has served a Compliance Notice or has accepted an Enforcement Undertaking, and there has been a failure to comply with the requirements of the notice, or to meet the commitments in the undertaking

b) where there has been a failure, by an intermediary, to comply with the requirements of an Information Notice served by OPSS under the EBDS Regulations

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

4.2 The provisions relating to Non-Compliance Penalties differ in relation to:

• breaches under the Metering and Billing Regulations (see 4.9 to 4.10)
• breaches relating to the Energy Bill Relief Scheme or Energy Bill Discount Scheme (see 4.11 to 4.12)

4.3 Where a Non-Compliance Penalty is imposed on the grounds set out in 4.1a, under the Metering and Billing Regulations or the EBRS Regulations, and the requirements of the Compliance Notice or Enforcement Undertaking are then met within the period specified for payment of the Non-Compliance Penalty, the penalty does not have to be paid. ^{[footnote 4]} Where OPSS is satisfied, within the payment period, that all requirements of the notice or undertaking have been met and that the Non-Compliance Penalty does not have to be paid, it will confirm this in writing.

4.4 Before imposing a Non-Compliance Penalty OPSS will usually give you notice of our intention, setting out the grounds for the proposed penalty and the amount to be paid. We will offer you the opportunity to make representations in relation to the proposed penalty within 28 days beginning on the day on which you received the notice of our intention.

4.5 Once the period for making representations has expired, OPSS will take account of any written representations and make a decision. Where we decide not to impose the proposed penalty we will notify you of our decision. Where we decide to vary or confirm the proposed penalty, we will serve a Non-Compliance Penalty Notice, requiring payment of the penalty within a specified period. This will usually be 28 days but may be longer where we consider this appropriate.

4.6 Where OPSS decides to impose a Non-Compliance Penalty you are entitled to appeal against our decision to the First-tier Tribunal (see section 5) on the grounds set out in paragraph 14(7) of Schedule 4 to the Metering and Billing Regulations. We will set out your rights when we inform you of our decision.

4.7 A Non-Compliance Penalty may be withdrawn by OPSS, or may be varied in order to reduce the amount to be paid. Where OPSS decides to withdraw or vary a Non-Compliance Penalty, we will inform you in writing.

4.8 OPSS publishes details of any Non-Compliance Penalty that we impose, in line with our Enforcement Policy. Details that we publish in relation to a Non-Compliance Penalty may be updated to indicate whether the penalty has been paid. In cases of non-payment, OPSS will make clear where the penalty was not payable on the basis that the requirements of the Compliance Notice or Enforcement Undertaking were met within the payment period.

The Metering and Billing Regulations

4.9 A Non-Compliance Penalty may be any amount up to the cost of fulfilling the remaining requirements of the Compliance Notice or Enforcement Undertaking. The level of the penalty is determined by OPSS having regard to all the circumstances of the case (see Penalty amount) and may, where we consider this to be appropriate, be 100% of the costs of fulfilling the remaining requirements of the notice or undertaking.

4.10 OPSS will take any failure to pay a Non-Compliance Penalty seriously and will consider whether it is appropriate to initiate criminal proceedings in respect of the offence(s) to which the Enforcement Undertaking or Compliance Notice related.

The EBDS and EBRS Regulations

4.11 A Non-Compliance Penalty may be any amount up to £5000 in respect of:

a) each breach of a requirement identified in a Compliance Notice served by OPSS under the EBDS Regulations

b) a failure to comply with an Information Notice served by OPSS under the EBDS Regulations

c) a failure to comply with the requirements of a Compliance Notice served by OPSS under the EBRS Regulations

The level of the penalty is determined by OPSS having regard to all the circumstances of the case (see Penalty amount).

4.12 OPSS will take any failure to pay a Non-Compliance Penalty seriously and can pursue the unpaid penalty as a debt in the relevant civil court.

Penalty amount

4.13 In line with its Enforcement Policy, OPSS will usually set a starting point for its calculation of the penalty at the statutory maximum (see paragraphs 4.9 and 4.11). 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 whether it is appropriate, based on the facts of the individual breach, to adjust the level of the penalty downwards from the statutory maximum.

4.14 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

5) Statutory rights to appeal to the First Tier Tribunal

5.1 You have a statutory right to appeal to the First-tier Tribunal (General Regulatory Chamber) in relation to the following actions that may be taken by OPSS:

• a Compliance Notice (see section 3.9)
• a Non-Compliance Penalty (see section 4.6)
• a decision not to issue a Completion Certificate (also referred to as a certificate of discharge) in relation to an Enforcement Undertaking (see section 2.20)

5.2 You must exercise your right to appeal within 28 days of receiving the notice, or a letter advising you of the decision not to issue a Completion Certificate.

5.3 The Tribunal may:

• withdraw, confirm or vary a requirement or notice
• take such steps as OPSS could take in relation to the act or omission giving rise to a requirement or notice
• defer the decision whether to confirm a requirement or notice, or any matter relating to that decision, back to OPSS

5.4 Where you exercise your right to appeal in relation to a Compliance Notice or a Non-Compliance Penalty Notice, the notice is suspended until the outcome of the appeal is reached.

5.5 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.

6) Footnotes

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

2. In relation to an offence in Scotland or Northern Ireland, OPSS would refer the case to the Procurator Fiscal or the Public Prosecution Service respectively. ↩

3. The relevant provisions are the Heat Network (Metering and Billing) Regulations 2014, Schedule 4, Part 3 ↩

4. A Non-Compliance Penalty imposed under the EBDS Regulations, on the grounds set out in 4.1a, remains payable where the requirements of the Compliance Notice or Enforcement Undertaking are met. ↩