(1) Where -

(a) an installation's reportable emissions in a scheme year (the "excess year") for which the installation is an ultra-small emitter exceed the maximum amount; and

(b) the operator of the installation fails to give notice to the regulator under paragraph 6 of Schedule 8 on or before 31st March in the following year (the "default year") or at all,

the operator is liable to a civil penalty.

(2) Subject to paragraph (5), the civil penalty is -

(a) [deleted]

(b) CA + ((RE - FA) x CP) for each scheme year (or part of a scheme year) falling within the penalty period (if any), where -

CA is an estimate of the costs avoided by the operator in the scheme year (or part of the scheme year) as a result of carrying out a regulated activity without the authorisation of the relevant permit;