OpenLegislation

Regulation 58 Power to withhold RHI payments in the case of non-complianceI1

England, Wales and Scotland

(1)

Where the Authority is satisfied—

F1(a)

that either a participant or, where there is an assignment, an NRI has failed or is failing to comply with an ongoing obligation

(b)

that an accredited domestic plant has been given accreditation wholly or partly as a result of the provision of information which F2was incorrect in a material particular,

it may withhold all or part of F3any RHI payments payable to the participant, or to the NRI.

(2)

Within 21 days of a decision to withhold RHI payments the Authority must send a notice to the participant F4or, where there is an assignment, the NRI specifying—

F5(a)

where there is or has been a failure to comply with an ongoing obligation, the respect in which the Authority is satisfied that the participant or the NRI is failing or has failed to comply;

(b)

where the accredited domestic plant was given accreditation as a result of the provision of incorrect information, details of the respect in which the information is incorrect;

(c)

the amount of RHI payments that will be withheld, to the extent this is known to the Authority;

(d)

the date from which RHI payments will be withheld;

(e)

where applicable, the steps that the participant F6or the NRI must take to satisfy the Authority that it is complying with the ongoing obligation;

(f)

where applicable, the steps that the participant F7or the NRI must take to satisfy the Authority that, notwithstanding the provision of incorrect information, the accredited domestic plant should continue to be an accredited domestic plant;

(g)

the date by which the steps referred to in sub-paragraph (e) or (f) must be completed;

(h)

the consequences of the participant F8or the NRI failing to take the steps required under sub-paragraph (e) or (f) by that date; and

(i)

details of the participant’s F9or NRI’s right of review.

(3)

Subject to regulation 46(2)(b) and (7), where the Authority is satisfied that the participant F10or NRI has taken the steps specified in paragraph (2)(e) or (f), as applicable, within the time specified, it must resume payment of RHI payments in accordance with these Regulations.

(4)

The Authority may extend the time specified in paragraph (2)(g) where it is satisfied that it is reasonable to do so.

(5)

If, within 3 months of receipt by the participant F11or, where applicable, the NRI of a notice served under paragraph (2), the Authority is satisfied that the participant F12or NRI has taken the steps specified in that notice, the Authority may pay, within 28 days of being so satisfied, all F13or part of any RHI payments withheld under this regulation.

Annotations

Textual amendments

F1

Reg. 58(1)(a) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 27(1)(a)

F2

Word in reg. 58(1)(b) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 27(1)(b)

F3

Words in reg. 58(1) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 27(1)(c)

F4

Words in reg. 58(2) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 27(2)(a)

F5

Reg. 58(2)(a) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 27(2)(b)

F6

Words in reg. 58(2)(e) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 27(2)(c)

F7

Words in reg. 58(2)(f) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 27(2)(c)

F8

Words in reg. 58(2)(h) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 27(2)(c)

F9

Words in reg. 58(2)(i) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 27(2)(d)

F10

Words in reg. 58(3) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 27(3)

F11

Words in reg. 58(5) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 27(4)(a)

F12

Words in reg. 58(5) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 27(4)(b)

F13

Words in reg. 58(5) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 27(4)(c)

Commencement

I1

Reg. 58 in force at 9.4.2014, see reg. 1