Regulation 8

In regulation 18 (information provided to operators of schemes) after paragraph (1) insert—

“(1A)

In the case of an OMP producer or that producer’s authorised representative, information provided under paragraph (1)(c) must be accompanied by confirmation that any amount reported for the purposes of regulation 38(1B) has been determined in accordance with—

(a)

the methodology submitted for that purpose under paragraph 11A of Part 1 of Schedule 8; or

(b)

where such confirmation is not possible, the methodology as it has effect following any material change which has been notified in accordance with paragraph (1C).

(1B)

In paragraph (1A)(b) a “material change to the methodology” includes—

(a)

any change as regards information submitted under paragraph 11A of Part 1 of Schedule 8 concerning the methodology to be used to collate information;

(b)

any variation of a previous material change to the methodology notified under paragraph (1C).

(1C)

A material change to the methodology must be notified to the operator of the scheme within 28 days of the occurrence of any such change and the notification must include the date on which the change took place.”.

For paragraph (3) substitute—

“(3)

In paragraph (2)(b), the meaning of “material change” includes—

(a)

any change as regards information provided under paragraph 10A of Part 1 of Schedule 8 regarding whether the producer is an OMP producer including the date on which that change occurred;

(b)

the details of any incapacity, bankruptcy, or entry into liquidation, receivership or administration, including the date on which the event occurred and, if applicable, the date on which it concluded.”.