Regulation 61 Revocation of sanctionsI1

England, Wales and Scotland

(1)

The Authority may at any time revoke a sanction imposed in accordance with F1regulations 54A, 54B or 55 or this Part if it is satisfied that—

(a)

there was an error involved in the original imposition of the sanction; or

(b)

it is just and equitable in the particular circumstances of the case to do so.

(2)

Where, as a result of the imposition of a sanction to which—

(a)

paragraph (1)(a) applies, a F2participant, former participant, NRI or former NRI has been deprived of RHI payments F3or MM payments to which the participant, former participant, NRI or former NRI was entitled, the Authority must repay to the participant, former participant, NRI or former NRI a sum equivalent to those payments;

(b)

paragraph (1)(b) applies, a F4participant, former participant, NRI or former NRI has been deprived of RHI payments F5or MM payments which the participant, former participant, NRI or former NRI would otherwise have received, the Authority may repay to the participant, former participant, NRI or former NRI a sum equivalent to those payments if in the Authority’s view it is just and equitable in the particular circumstances of the case to do so.

(3)

Within 21 days of a decision to revoke a sanction, the Authority must send a notice to the participant or former participant F6and, in the case of an assignment, the NRI or former NRI specifying—

(a)

the sanction which has been revoked;

(b)

the reason for the revocation; and

(c)

where paragraph (2) applies, the amount which will be repaid.

(4)

In this regulation, “sanction” means an action taken by the Authority under regulation F754A(1), 54B(1), 55(1), 57(1), 57A(1), 58(1), 59(2) or (4), 59A(1) or (3), or 60(2).

Annotations

Textual amendments

F1: Words in reg. 61(1) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 31(a)
F2: Words in reg. 61(2)(a) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 31(c)
F3: Words in reg. 61(2)(a) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 31(b)
F4: Words in reg. 61(2)(b) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 31(c)
F5: Words in reg. 61(2)(b) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 31(b)
F6: Words in reg. 61(3) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 31(d)
F7: Words in reg. 61(4) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 31(e)

Commencement

I1: Reg. 61 in force at 9.4.2014, see reg. 1