Regulation 61 Revocation of sanctions

(1)

The Authority may at any time revoke a sanction imposed in accordance with 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 participant or former participant has been deprived of RHI payments to which the participant or former participant was entitled, the Authority must repay to the participant or former participant a sum equivalent to those payments;

(b)

paragraph (1)(b) applies, a participant or former participant has been deprived of RHI payments which the participant or former participant would otherwise have received, the Authority may repay to the participant or former participant 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 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the sanction which has been revoked;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 57(1), 58(1), 59(2), 59(4) or 60(2).