{
  "url": "https://openlegislation.uk/boiler-upgrade-scheme-england-and-wales-regulations-2022/regulation-22",
  "json_url": "https://openlegislation.uk/boiler-upgrade-scheme-england-and-wales-regulations-2022/regulation-22.json",
  "legislation": "uksi/2022/565",
  "legislation_title": "The Boiler Upgrade Scheme (England and Wales) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/boiler-upgrade-scheme-england-and-wales-regulations-2022",
  "path": "regulation/22",
  "kind": "regulation",
  "number": "22",
  "heading": "Repayment notices and offsetting",
  "text": "(1) Where the Authority is satisfied that an installer has received payments under these Regulations which—\n(a) exceed the amount to which the installer was entitled under these Regulations,\n(b) were paid whilst there was a failure by the installer to comply with an installer obligation, or following such a failure, or\n(c) were paid as a result of the provision of information by the installer which was incorrect in a material particular,\nit may take one or a combination of the actions set out in paragraph (2).\n(2) The actions in this paragraph are that the Authority may—\n(a) require the installer to repay an amount in relation to some or all of those payments, or\n(b) offset an amount in relation to some or all of those payments against future payments to the installer under these Regulations , provided that the total amount does not exceed the sum of those payments referenced at paragraph (1).\n(3) Before taking any of the actions set out in paragraph (2), the Authority must send a notice to the installer specifying—\n(a) the amount it is seeking to recover,\n(b) the basis on which that amount is calculated,\n(c) where applicable, the amount that must be repaid,\n(ca) where applicable, the amount that will be recovered by the offsetting,\n(d) where applicable, the date by which the amount must be repaid, which must be not less than 28 days after the date on which the notice is sent, and\n(e) details of the installer’s right of review under regulation 25.\n(4) Subject to regulation 25(7), where an installer, who is required to repay an amount under this regulation fails, to make payment in full by the date specified under paragraph (3)(d), the Authority may recover any outstanding amount as a civil debt.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 22(1) inserted (22.10.2026) by The Boiler Upgrade Scheme (Amendment to the Energy Act 2008 etc.) Regulations 2026 (S.I. 2026/1121), regs. 1(2), 3(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 22(2) inserted (22.10.2026) by The Boiler Upgrade Scheme (Amendment to the Energy Act 2008 etc.) Regulations 2026 (S.I. 2026/1121), regs. 1(2), 3(3)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in reg. 22(3) substituted (22.10.2026) by The Boiler Upgrade Scheme (Amendment to the Energy Act 2008 etc.) Regulations 2026 (S.I. 2026/1121), regs. 1(2), 3(4)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 22(3)(c) substituted (22.10.2026) by The Boiler Upgrade Scheme (Amendment to the Energy Act 2008 etc.) Regulations 2026 (S.I. 2026/1121), regs. 1(2), 3(4)(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 22(3)(ca) inserted (22.10.2026) by The Boiler Upgrade Scheme (Amendment to the Energy Act 2008 etc.) Regulations 2026 (S.I. 2026/1121), regs. 1(2), 3(4)(c)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 22 in force at 23.5.2022, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2022/565/regulation/22",
    "retrieved_at": "2026-11-12T03:40:49.375023+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}