Regulation 15 Monitoring, adapting and decommissioning of allocated measures

(1)

During the monitoring period, the Secretary of State must monitor the efficacy of an allocated measure for whose delivery the Secretary of State is responsible by virtue of regulation 13(2).

(2)

Paragraph (3) applies where, as a result of the monitoring in paragraph (1), the Secretary of State is of the view that—

(a)

an allocated measure to which an MRF contract relates is not achieving, or is not likely to achieve, its expected outcomes, as identified in the MRF contract, or

(b)

taking one of the steps referred to in paragraph (3) would more appropriately achieve those outcomes or more appropriately compensate for the adverse environmental effects identified in the MRF contract.

(3)

Where this paragraph applies, the Secretary of State may—

(a)

adapt the allocated measure,

(b)

replace the allocated measure with a different approved measure,

(c)

add another approved measure to the allocated measure, or

(d)

take a combination of the steps referred to in sub-paragraphs (a) to (c).

(4)

If steps are taken to adapt an approved measure under paragraph (3)(a), the adaptations do not affect the measure’s status as an approved measure.

(5)

In this regulation “monitoring period” means the period of time identified in accordance with an MRF contract, as referred to in regulation 9 (d) (MRF contracts).

(6)

The Secretary of State may take steps, whether at the end of the monitoring period or subsequently, to decommission an allocated measure or to prepare it for allocation to another MRF applicant.