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The Boiler Upgrade Scheme (England and Wales) Regulations 2022

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This is the original version (as it was originally made).

Power to withhold grant payment in the case of non-compliance

This section has no associated Explanatory Memorandum

20.—(1) Where the Authority is satisfied that—

(a)an installer—

(i)has failed or is failing to comply with an installer obligation, or

(ii)has been issued a voucher, or has been paid a boiler upgrade grant, as a result of the provision of information which was incorrect in a material particular,

(b)the person who is specified in a boiler upgrade voucher as the installer is not an installer,

(c)the property specified in a boiler upgrade voucher is not an eligible property where regulation 14(1)(b) (property not eligible at the time of the grant application) does not apply,

(d)regulation 16(2) is not satisfied (where regulation 14(1)(b) applies), or

(e)the plant specified in a boiler upgrade voucher is not eligible, or not eligible in relation to the property specified in the voucher,

it may decide to withhold one or more boiler upgrade grant payments which would otherwise be payable to the installer.

(2) Within 14 days of a decision to withhold a payment of a boiler upgrade grant under paragraph (1), the Authority must send a notice to the installer specifying—

(a)which of the grounds in paragraph (1)(a) to (e) apply,

(b)where there has been a failure to comply with an installer obligation, the respect in which the Authority is satisfied that the installer has failed or is failing to comply with that obligation,

(c)where the installer has been issued a boiler upgrade voucher as a result of the provision of information which was incorrect in a material particular, details of the respect in which the information was incorrect,

(d)the number, and total value, of boiler upgrade grant payments the Authority intends to withhold,

(e)where applicable, the steps that the installer must take to satisfy the Authority that it is complying with the installer obligation,

(f)where applicable, the steps that the installer must take to satisfy the Authority that, notwithstanding the provision of information which was incorrect in a material particular, the Authority should not withhold the boiler upgrade grant payments,

(g)where applicable, the information the installer must provide to the Authority,

(h)the date by which the steps referred to in sub-paragraph (e) or (f) must be completed, or the information mentioned in sub-paragraph (g) must be provided, which must be within 14 days beginning with the date the notice is issued, and

(i)the consequences of the installer failing to take the steps referred to in sub-paragraph (e) or (f), or to provide the information mentioned in sub-paragraph (g), by the date specified.

(3) The Authority may extend the time specified in the notice in accordance with paragraph (2)(h) where it is satisfied that it is reasonable to do so.

(4) Where the Authority is satisfied that the installer has taken the steps specified in the notice in accordance with paragraph (2)(e) or (f), or provided the information specified in the notice in accordance with paragraph (2)(g), as applicable, within the time specified, it must notify that installer that the boiler upgrade grant payments will not be withheld in accordance with this regulation.

(5) Where the Authority is not satisfied as described in paragraph (4), the Authority—

(a)must notify the installer of that fact,

(b)may revoke a boiler upgrade voucher, and

(c)may refuse any subsequent grant application by that installer or by a connected person.

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