Regulation 72 Requirement to give an intention notice before imposing a sanction

(1)

This regulation applies where under this Part—

(a)

cancellation or compensation must or may be imposed;

(b)

the following may be imposed—

(i)

reduction;

(ii)

a financial penalty;

(iii)

suspension;

(iv)

withdrawal.

(2)

Before imposing a sanction, the Secretary of State must give notice (an “intention notice”) to any person other than the relevant energy supplier whom the Secretary of State considers to be an affected person, specifying—

(a)

that the Secretary of State intends to impose the sanction;

(b)

that affected persons may make written representations and the time limits for such representations;

(c)

where the Secretary of State intends to suspend or withdraw the authorisation of a green deal certification body, that the relevant members of the certification body may make representations concerning a deferral in accordance with regulation 81; and

(d)

subject to paragraph (3), those matters which the Secretary of State would be required to include in a sanctions notice, if the sanction is imposed.

(3)

Where the Secretary of State intends to impose a financial penalty, the intention notice need not include—

(a)

how payment may be made; and

(b)

details of the early payment discounts.

(4)

Where after consideration of any representations the Secretary of State decides to impose the sanction, the Secretary of State must give a sanctions notice in accordance with regulation 78.

(5)

For the purposes of this regulation, “affected person” means any person whose interests will be directly affected by the imposition of the sanction.