Article 35 Notices to reduce, withhold or recoup FIT payments
England, Wales and Scotland
This article does not apply where any loss of entitlement to FIT payments arises by virtue of Part 8A.
Where the Authority has good reason to believe that a FIT generator or nominated recipient may have received a FIT payment to which it was not entitled, the Authority may give notice to the FIT licensee which made the payment to—
reduce further FIT payments due to be made to the FIT generator or nominated recipient until any amount overpaid has been recovered;
withhold further FIT payments due to be made to the FIT generator or nominated recipient; or
recoup any amount overpaid from the FIT generator or nominated recipient.
Where the Authority subsequently establishes that the FIT generator or nominated recipient was entitled to receive the FIT payment, the Authority must give notice to the FIT licensee that—
the amount of any FIT payment which was reduced, withheld or recouped should be paid to the FIT generator or nominated recipient as soon as possible; and
where FIT payments have been withheld, FIT payments to the FIT generator or nominated recipient should recommence.
Annotations
Textual amendments
- F1
Art. 35(A1) inserted (20.3.2017) by The Feed-in Tariffs (Amendment) Order 2017 (S.I. 2017/131), arts. 1, 6