Amendments to regulation 55 (withdrawal of registration)
18.—(1) In the heading to regulation 55, after “registration” insert “and repayments”.
(2) In regulation 55(1)—
(a)after sub-paragraph (c) omit “or”;
(b)after sub-paragraph (d) insert—
“(e)is satisfied that the participant has failed to take the steps specified in a notice given under regulation 54A(2) by the later of—
(i)the date specified in that notice; or
(ii)such extended date as the Authority may specify under regulation 54A(3); or
(f)is satisfied that the participant has failed to take the steps specified in a notice given under regulation 58(2) by the date specified in that notice”.
(3) In regulation 55(2)—
(a)after sub-paragraph (a) omit “and”;
(b)after sub-paragraph (b) insert—
“; and
(c)in respect of any metering and monitoring payments paid on or after the second relevant date, the Authority may—
(i)require those payments to be repaid by the participant or former participant; or
(ii)offset those payments against any future RHI payments in respect of the accredited domestic plant,
to the extent those metering and monitoring payments exceed the amount to which that person was entitled under these Regulations”.
(4) After regulation 55(2) insert—
“(3) Where—
(a)the Authority decides to withdraw registration under paragraph (1)(d);
(b)the information which is incorrect in a material particular is the confirmation provided under regulation 50(2)(b); and
(c)the participant or former participant has received a metering and monitoring lump sum payment,
the Authority may require the metering and monitoring lump sum payment to be repaid by the participant or former participant, or offset that payment against future RHI payments, to the extent that lump sum payment exceeds the amount to which the participant or former participant was entitled under these Regulations.
(4) Within 21 days of a decision to require payments to be repaid or offset under paragraph (2)(c) or (3), the Authority must send the participant or former participant a notice specifying—
(a)the amount which the Authority is seeking to recover;
(b)whether that amount must be repaid or will be offset;
(c)where applicable, the date by which that amount must be repaid; and
(d)the participant’s or former participant’s right of review.
(5) Where a participant or former participant who is required to repay an amount under this regulation fails to make payment in full by the date specified under paragraph (4)(c), the Authority may recover any outstanding sum as a civil debt.
(6) The Authority must not require a participant or former participant to repay, or offset, an amount which exceeds the total of any RHI payments and MM payments, received by that person.”.