Article 20 Revocation of an RTF certificate
Subject to the following paragraphs, the Administrator may revoke an RTF certificate where the Administrator is satisfied that—
the declaration provided in relation to that certificate pursuant to article 16(2)(a) is false,
the certificate was issued as a consequence of any fraudulent behaviour, statement or undertaking on the part of the transport fuel supplier to whom it was issued or any connected person,
the information provided to the Administrator in relation to the certificate was materially inaccurate, or
the evidence provided in relation to the information was insufficient to substantiate it.
Before revoking an RTF certificate, the Administrator must give notice in writing to the transport fuel supplier to whom the certificate was issued and, where the certificate has been transferred to another person to whose credit the certificate is held (a “transferee”), to that other person.
The notice must state—
that the Administrator is proposing to revoke the RTF certificate,
the grounds for the proposed revocation,
that the supplier and any transferee may make representations in writing to the Administrator in relation to the proposed revocation, and
that any such representations must be made within such period as the Administrator specifies, not being a period of less than 14 days beginning on the date of receipt of the notice.
The Administrator—
must consider any representations which are made under paragraph (3) and are relevant to the proposed revocation,
must decide whether to revoke the RTF certificate, but
may not revoke the certificate—
within a period of 28 days beginning on the date of the notice, or
later than the 28th August immediately following the obligation period during which the RTF certificate was issued.
Where the Administrator revokes an RTF certificate, the Administrator must, within a period of seven days beginning on the date of revocation, but in any event not later than the 29th August immediately following the obligation period during which the RTF certificate was issued—
give notice in writing of such revocation to the supplier to whom the certificate was issued, and to any transferee, and
state in that notice—
the grounds for the revocation,
that the supplier or any transferee (or both) may apply to the Chief Executive by notice in writing to reconsider the revocation, and
the requirements about that notice which are set out in paragraph (7).
Where the Administrator revokes an RTF certificate, the supplier to whom the certificate was issued or any transferee (or both) may apply to the Chief Executive by notice in writing to reconsider the revocation.
Such notice must—
be given to the Chief Executive within a period of 14 days beginning on the date of receipt of the notice of revocation, but in any event not later than the 12th September immediately following the obligation period during which the RTF certificate was issued,
set out the grounds for reconsidering the revocation, and
contain any representations which the supplier or transferee (as the case may be) wishes to make in relation to the reconsideration of the revocation.
The Chief Executive must—
consider any representations which the supplier or transferee has made under paragraph (7), and
reconsider the revocation not later than the 28th September immediately following the obligation period in which the RTF certificate was issued.
On reconsidering the revocation, the Chief Executive must—
re-instate the RTF certificate, or
confirm the revocation of the certificate on the grounds referred to in paragraph (5)(b)(i) or on other grounds.
Where the Chief Executive is unable to reconsider the revocation, or unable to do so by the date referred to in paragraph (8), another member of the body corporate appointed as the Administrator may reconsider it.
The Administrator must give notice in writing of the decision of the Chief Executive or other member and, in the case of a confirmation of a revocation of an RTF certificate, of the grounds for that revocation, to the supplier to whom the certificate was issued, and to any transferee.
Where—
neither the Chief Executive nor another member reconsiders the revocation by the date referred to in paragraph (8), or
an RTF certificate is revoked but is subsequently re-instated,
the certificate is deemed to have been re-instated as at the end of the obligation period to which the certificate relates.
The Administrator, Chief Executive or other member may hold an oral hearing before making a decision on a proposed revocation or on a reconsideration of a revocation (as the case may be).
A person who provides information or produces evidence to the Administrator, Chief Executive or other member in respect of a proposed revocation or a reconsideration of a revocation must ensure that that information or evidence is accurate to the best of the person’s knowledge or belief.