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Regulation 25 Replacement of installation

Original text. Later amendments are not shown.

(1)

This regulation applies where a closure accredited installation is completely replaced.

(2)

No annual closure payment is to be made after the replacement except in accordance with this regulation.

(3)

The closure participant must comply with the notification requirements.

(4)

The notification requirements are that the closure participant has—

(a)

notified the Department, in accordance with regulation 29, of the replacement,

(b)

provided the Department with any of the information set out in Schedule 2 that the Department has required, within the time required.

(5)

The Department must, within 28 days of completion of the notification requirements to the satisfaction of the Department, review the closure accreditation.

(6)

If the Department is satisfied that—

(a)

the replacement installation is of the same type and falls within the same capacity boundaries (by reference to the categories set out in Schedule 1) as the original installation, and

(b)

the installation continues to be eligible,

then paragraph (8) applies.

(7)

Where the Department is not so satisfied, accreditation is revoked on the date the Department considers appropriate.

(8)

Where this paragraph applies—

(a)

the Department must send the closure participant an updated statement of closure eligibility, setting out the information referred to in regulation 7(5),

(b)

annual closure payments are payable for the remainder of the tariff lifetime, having regard to regulation 16 in respect of the year in which the installation is replaced.