PART 3REGISTRATION: PRODUCERS AND SCHEMES

Cancellation of registration of a scheme18

1

Subject to the right of appeal under Part 6 of these Regulations, the Department may cancel the registration with it of a scheme where it appears that—

a

the operator of the scheme is in breach of any of the conditions referred to in regulation 15; or

b

the operator knowingly or recklessly supplied false information in connection with the application for registration, or with compliance with the conditions referred to in regulation 15.

2

The Department shall cancel the registration with it of a scheme if the Secretary of State withdraws approval of the scheme.

3

Before the cancellation of a registration the Department shall serve on the operator of the scheme written notice of—

a

its decision under paragraph (1) or (2) above to cancel the registration;

b

the reasons for the decision;

c

where the decision is made under paragraph (1) above, the right of appeal under Part VI of these Regulations; and

d

the date when cancellation will take effect, not being earlier than—

i

in the case of cancellation under paragraph (1) above, the expiration of the time limit for an appeal against the notice provided for in paragraph 2 of Schedule 6; or

ii

in the case of cancellation under paragraph (2) above, 5 days from the date of the notice.