OpenLegislation

Regulation 59 Revocation of accreditationI1

England, Wales and Scotland

(1)

Where the Authority is satisfied that—

(a)

there is or has been a serious or repeated failure by a participant to comply with an ongoing obligation;

(b)

there has been a failure to comply with a notice under regulation 58(2); F1...

(c)

an accredited domestic plant has been given accreditation wholly or partly as a result of the provision of information which was incorrect in a material particular F2; or

(d)

where there has been an assignment—

(i)

there is or has been a serious or repeated failure by an NRI to comply with an ongoing obligation; or

(ii)

there is no longer an NRI in respect of the relevant accredited domestic plant,

the Authority may take one or more of the steps set out in paragraph (2).

F3(2)

Where—

(a)

paragraph (1) applies, the Authority may revoke the accreditation for the relevant accredited domestic plant;

(b)

sub-paragraphs (1)(a), (b) or (c) apply, the Authority may revoke the accreditation for any other accredited domestic plants owned by that participant;

(c)

sub-paragraph (1)(d)(i) applies, the Authority may revoke the accreditation for any other accredited domestic plant in respect of which RI is the NRI.

(3)

Before revoking accreditation the Authority must send the participant F4and, where there is an assignment, the NRI a notice specifying—

(a)

the reason for the intended revocation of accreditation including F5, where applicable, details of the respect in which the participant or, where there is an assignment, the NRI (or both), has failed to comply or details of the incorrect information;

(b)

an explanation of the effect of the revocation; and

(c)

details of the participant’s F6or the NRI’s (as the case may be) right of review.

(4)

Where accreditation of an accredited domestic plant has been revoked, the Authority—

(a)

may reject any further accreditation application for a plant owned by the same person; and

(b)

must, if the Authority has given registration relating to the accredited domestic plant, withdraw that registration.

Annotations

Textual amendments

F1

Word in reg. 59(1)(b) omitted (22.5.2018) by virtue of The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 28(a)

F2

Reg. 59(1)(d) and word inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 28(b)

F3

Reg. 59(2) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 28(c)

F4

Words in reg. 59(3) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 28(d)(i)

F5

Words in reg. 59(3)(a) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 28(d)(ii)

F6

Words in reg. 59(3)(c) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 28(d)(iii)

Commencement

I1

Reg. 59 in force at 9.4.2014, see reg. 1