# The Domestic Renewable Heat Incentive Scheme Regulations 2014, Regulation 54A: Power to withhold MM payments during investigation


(1) Where the Authority has reasonable grounds to suspect that—
(a) a metering and monitoring agreement no longer meets the requirements specified in Schedule 7;
(b) a metering and monitoring agreement is no longer in force or that its terms are not being complied with;
(c) a condition of registration of a metering and monitoring agreement has not been or is not being complied with; or
(d) registration was given wholly or partly as a result of the provision of information which was incorrect in a material particular,
and the Authority requires time to investigate, it may withhold all or part of the MM payments under that agreement pending the outcome of that investigation.
(2) Within 21 days of a decision to withhold any MM payments under paragraph (1), the Authority must send a notice to the participant who is a party to that agreement which—
(a) specifies which of the grounds in paragraph (1)(a) to (d) apply; and
(b) sets out the date from which MM payments will be withheld and the next steps in the investigation.
(3) The Authority’s investigation must be commenced and completed as soon as is reasonably practicable.
(4) Immediately upon conclusion of its investigation under this regulation, the Authority must inform the participant of—
(a) the outcome of the investigation;
(b) the action the Authority proposes to take under this Part, if any; and
(c) the participant’s right of review.
(5) Where the Authority concludes that none of the grounds in paragraph (1)(a) to (d) are satisfied, it must resume payment of MM payments in accordance with these Regulations and pay to the participant any MM payments withheld during the course of its investigation.
(6) Within three months of sending a notice under paragraph (2), the Authority must either resume payment of MM payments or must send the participant a notice under regulation 54B, 55, 58, 59 or 60.

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Source: https://www.legislation.gov.uk/uksi/2014/928/regulation/54A (the official version)
Page: https://openlegislation.uk/domestic-renewable-heat-incentive-scheme-regulations-2014/regulation-54A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.