Regulation 31 Temporary withholding of annual closure payments pending investigation
Where the Department has reasonable grounds to suspect that a closure participant has failed or is failing to comply with these Regulations and the Department needs to investigate, it may temporarily withhold all or part of that closure participant’s annual closure payments.
Within 21 days of a decision to withhold annual closure payments, the Department must send a notice to the closure participant specifying—
the respect in which the Department suspects the closure participant has failed or is failing so to comply,
the date from which annual closure payments will be withheld,
the next steps in the investigation, and
details of the closure participant’s right of review including any relevant time-limits.
The Department’s investigation must be commenced and completed as soon as is reasonably practicable.
The Department may withhold a closure participant’s annual closure payments for a maximum period of 6 months commencing with the date specified in accordance with the notice required by paragraph (2).
For the purposes of calculating the time-limit specified in paragraph (4), no account is to be taken of any period attributable to the closure participant’s delay in providing any information reasonably requested by the Department.
For the purposes of paragraph (5), a closure participant is not to be deemed to have delayed in providing information if that closure participant responds within 21 days of a request from the Department.
On expiry of the period referred to in paragraph (4) or, if earlier, the conclusion of the investigation, the Department must—
send the closure participant a notice specifying the outcome of the investigation or, where the investigation is not concluded, inform the closure participant accordingly, and
pay within 28 days of the date of that notice all annual closure payments temporarily withheld under this regulation, subject to any suspension, permanent withholding or reduction of any such payments under this Part.
If, on conclusion of the investigation, the Department is satisfied that a closure participant is failing or has failed to comply with an ongoing obligation it may impose one or more of the other sanctions set out in this Part.