Regulation 66 Sanctions for breaches of the disclosure and acknowledgment provisionsI1
England, Wales and Scotland
This regulation applies where the Secretary of State is satisfied that there is a breach of the disclosure and acknowledgment provisions.
The Secretary of State—
F1may impose cancellation on the relevant person; and
may impose compensation on the notifier.
Where a person other than the notifier is wholly or partly responsible for the breach, imposing compensation means that the Secretary of State requires the notifer to pay to the relevant person such amount (as a fixed sum or in instalments) as the Secretary of State may determine, being an amount not exceeding the sum payable under paragraph (a) of the definition of compensation in regulation 51.
In deciding whether to impose the sanction of cancellation under paragraph (2), the Secretary of State must have regard to—
whether, a reasonable period of time before the commitment date, the recipient had knowledge of all or some of the information about the green deal plan that is required to be included in the disclosure document; and
in circumstances where the Secretary of State is satisfied that the recipient had such knowledge a reasonable period of time before the commitment date, whether the recipient has suffered or will suffer substantive loss in consequence of the breach of the disclosure and acknowledgment provisions.
In this regulation, “commitment date” means—
where section 12 applied, the date on which the contract for sale or lease or licence agreement was entered into;
where regulation 44, 46 or 50 applied, the date on which the transaction or arrangement was entered into.
Annotations
Textual amendments
- F1
Word in reg. 66(2)(a) substituted (28.1.2013) by The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) (Amendment) Regulations 2013 (S.I. 2013/139), regs. 1, 16(2)
- F2
Reg. 66(4)(5) inserted (28.1.2013) by The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) (Amendment) Regulations 2013 (S.I. 2013/139), regs. 1, 16(3)