Article 17 Withdrawal of accreditation, etc.

(1)

The Authority may take any of the actions mentioned in paragraph (2) in relation to an accredited FIT installation if—

(a)

the Authority has reason to believe that any of the circumstances mentioned in paragraph (3) apply; and

(b)

the Authority considers the action to be appropriate having regard to those circumstances.

(2)

The actions referred to in paragraph (1) are—

(a)

withdrawing accreditation of the installation;

(b)

suspending accreditation of the installation;

(c)

changing the tariff code assigned to the installation;

(d)

attaching conditions to the accreditation; or

(e)

amending conditions attached to the accreditation.

(3)

The circumstances referred to in paragraph (1)(a) are that—

(a)

the decision to grant the accreditation (or, if the installation had preliminary accreditation, the decision to grant the preliminary accreditation) was based on information which was incorrect in a material particular;

(b)

any condition attached to the accreditation has not been complied with;

(c)

the installation has been extended or otherwise modified in such a way that it would not be entitled to accreditation; or

(d)

the Authority has received notice from a relevant public authority that the construction or operation of the installation is in breach of any provision of legislation or of any licence or consent granted for the installation;

(4)

In paragraph (3)(d), “relevant public authority” means a court or tribunal, or a public authority responsible for enforcing the legislative provision or the licence or authorisation in question.

(5)

If the Authority takes any action under this article in relation to an accredited FIT installation it must—

(a)

amend the central FIT register to record the action; and

(b)

give notice to the FIT licensee and FIT generator, which must—

(i)

include reasons for taking the action; and

(ii)

specify the date on which the action taken has effect.

(6)

The Authority may revoke or vary any action taken under this article and, if it does so, paragraph (5) applies to the variation or revocation as it does to the taking of that action.