The Boiler Upgrade Scheme (England and Wales) Regulations 2022

Revocation of vouchersE+W

This section has no associated Explanatory Memorandum

21.—(1) The Authority may revoke a boiler upgrade voucher—

(a)where it is no longer satisfied that the conditions in regulation 14(2) are met in relation to the boiler upgrade voucher,

(b)where it is no longer satisfied that any information required by a notice given under regulation 14(4) in relation to the boiler upgrade voucher is accurate,

(c)where it is satisfied that the installer to whom it has issued the boiler upgrade voucher—

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

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

(d)where it is satisfied that—

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

(ii)the property specified in the boiler upgrade voucher is not an eligible property F1... [F2, or]

F3(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(e)at the request of the installer.

(2) Where the Authority is satisfied as set out in paragraph (1)(c) or (d)(i), it may also revoke all other boiler upgrade vouchers issued to the installer.

(3) Within 14 days of a decision to revoke the boiler upgrade voucher under paragraph (1), the Authority must send a notice to the installer specifying—

(a)where paragraph (1)(a) or (b) applies—

(i)the respect in which the Authority is satisfied that the condition is no longer met, or the information is no longer accurate, and

(ii)where applicable, the steps that the installer must take to satisfy the Authority that the condition is met or the information is accurate,

(b)where paragraph (1)(c)(i) applies—

(i)the respect in which the Authority is satisfied that the installer has failed or is failing to comply with the installer obligation, and

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

(c)where paragraph (1)(c)(ii) applies—

(i)details of the respect in which the information was incorrect, and

(ii)where applicable, the steps that the installer must take to satisfy the Authority that, notwithstanding the provision of incorrect information, the boiler upgrade voucher should not be revoked,

(d)where paragraph (1)(c) or (d)(i) applies, details of any other boiler upgrade vouchers issued to the installer that the Authority has decided to revoke under paragraph (2),

(e)where paragraph (1)(d) applies, details of the respect in which the Authority is satisfied as to the matters described in paragraph (1)(d)(i), (ii), (iii) or (iv) (as applicable),

(f)where applicable, any further information the installer must provide to the Authority,

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

(h)the consequences of the installer failing to take the steps referred to in sub-paragraph (a)(ii), (b)(ii) or (c)(ii), or to provide the information mentioned in sub-paragraph (f), by the date specified, and

(i)where paragraph (1)(a), (b), (c) or (d) applies, details of the installer’s right of review under regulation 25.

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

(5) Where the Authority is satisfied that the installer has taken the steps specified in the notice in accordance with sub-paragraph (a)(ii), (b)(ii) or (c)(ii) or provided the information specified in the notice in accordance with sub-paragraph (f), as applicable, within the time specified, it must notify that installer that the boiler upgrade voucher will not be revoked in accordance with this regulation.

(6) Where the Authority revokes a boiler upgrade voucher in accordance with this regulation, regulation 16(8) or 20(5) it—

(a)must update the register, maintained under regulation 28, accordingly, and

(b)may refuse any subsequent grant application by that installer or by a connected person, except where paragraph (1)(e) applies (installer request to revoke).

Textual Amendments

Commencement Information

I1Reg. 21 in force at 23.5.2022, see reg. 1(1)