Section 51 Procedure for refusing or withdrawing approvalI1
Before refusing or withdrawing its approval of a redress scheme, the regulator must give the scheme administrator a notice—
stating that the regulator proposes to refuse or withdraw its approval,
giving the reasons for the proposed refusal or withdrawal, and
specifying a time (not being earlier than the end of the period of 30 days beginning with the day on which the notice is given to the scheme administrator) before which representations about the proposed refusal or withdrawal may be made.
The regulator must give notice to the scheme administrator of—
the regulator's decision on a proposal to refuse or withdraw approval, and
the reasons for its decision.
In the case of a decision to withdraw approval, the regulator must also give notice of its decision and the reasons for it to the Secretary of State.
The scheme administrator must give a copy of the notice under subsection (2) to each member of the scheme.
If the regulator decides to withdraw approval, the withdrawal has effect in accordance with, and from the date specified in, the notice under subsection (2).
Where a redress scheme designated under section 47(1)(b) is administered by a person appointed by the Secretary of State, this section (other than subsection (3)) applies in relation to a revocation by the Secretary of State of that person's appointment as it applies in relation to a withdrawal by a regulator of the approval of a redress scheme.
Annotations
Commencement
- I1
S. 51 in force at 21.12.2007 by S.I. 2007/3546, art. 3, Sch.
Notes on Part 2
Modifications
- C1
Pt. 2 power to apply (with modifications) conferred (25.10.2022) by Energy Prices Act 2022 (c. 44), ss. 19(11)(b)(i), 30(6) (with s. 29)
- C2
Pt. 2 applied (with modifications) (E.W.S.) (1.11.2022) by The Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/1101), regs. 1(2), 9
- C3
Pt. 2 applied (with modifications) (E.W.S.) (26.4.2023) by The Energy Bills Discount Scheme Pass-through Requirement (Heat Suppliers) Regulations 2023 (S.I. 2023/455), regs. 1(2), 9
- C4
Pt. 2 power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 62
- C5
Pt. 2 applied (with modifications) (E.W.S.) (3.3.2025 for specified purposes, 1.4.2025 for specified purposes, 27.1.2026 in so far as not already in force) by The Heat Networks (Market Framework) (Great Britain) Regulations 2025 (S.I. 2025/269), regs. 1(2)(i)(3)(f)(4), 56
- C6
Pt. 2 power to apply (with modifications) conferred (18.12.2025) by 1989 c 29, s. 38C (as inserted by Planning and Infrastructure Act 2025 (c. 34), ss. 27(2), 118(1)(n) (with s. 116))