# The Green Gas Support Scheme Regulations 2021, Regulation 52: Anticipated default notices

Extent: E+W+S

(1) The Authority may serve a notice (an “anticipated default notice”) on a scheme supplier where the Authority reasonably believes it is likely that the scheme supplier will fail to pay—
(a) a quarterly levy payment in accordance with regulation 40,
(b) a levy credit payment in accordance with regulation 42,
(c) any credit cover required in accordance with regulation 42(3)(b) or (c) (“additional credit cover”),
(d) a backdated levy payment in accordance with regulation 49, or
(e) a mutualisation payment in accordance with regulation 56.
(2) An anticipated default notice—
(a) must specify—
(i) the amount of quarterly levy payment, levy credit payment, additional credit cover, backdated levy payment, or mutualisation payment, (the “relevant amount”), and the date on which payment of the relevant amount is due,
(ii) where applicable, how the relevant amount has been calculated, and
(iii) the grounds on which the Authority reasonably believes the scheme supplier is likely to fail to pay the relevant amount,
(b) must include information about—
(i) the matters mentioned in paragraphs (3) to (7),
(ii) where appropriate, the matters mentioned in regulation 54 (interest on late payments), regulation 55 (draw down of credit cover), and regulation 56 (mutualisation), and
(iii) appeals under regulation 60, and
(c) may include such other information as the Authority considers necessary.
(3) The Authority must publish an anticipated default notice, and any other notice served under paragraph (4), as soon as reasonably practicable after the date on which it is served.
(4) An anticipated default notice may be varied or revoked at any time by the Authority by serving a further notice, including a further anticipated default notice or an enforcement notice, on the scheme supplier.
(5) Where the scheme supplier pays all or part of the relevant amount after the service of the anticipated default notice, the Authority must publish—
(a) the fact that the scheme supplier has paid all or part of the relevant amount (as the case may be),
(b) where the scheme supplier has paid part of the relevant amount, the amount paid, and
(c) the date of the payment.
(6) Any information published in accordance with paragraph (3) or (5) must be published for a minimum period of 12 months, and may be published for such longer period as the Authority may decide.
(7) Where—
(a) the Authority has served an anticipated default notice, and
(b) any part of the amount specified in that notice is not paid by the date on which payment of the amount is due (“the due date”),
on the day after the due date the anticipated default notice is deemed to be an enforcement notice served in accordance with regulation 53(1) in respect of such amount as remains outstanding.

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Source: https://www.legislation.gov.uk/uksi/2021/1335/regulation/52 (the official version)
Page: https://openlegislation.uk/green-gas-support-scheme-regulations-2021/regulation-52
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.