17Minister may appoint scheme participants in certain circumstances

17 Minister may appoint scheme participants in certain circumstances

(1)  Despite sections 14 and 15 , the Minister may appoint a person as a scheme coordinator, or network operator, who does not meet the requirements of the relevant section to be a scheme coordinator, or network operator, if –

(a) the Minister is satisfied that there are no other suitable persons who –

(i) are interested in being appointed to the relevant position; or

(ii) meet the requirements under this Act in respect of the relevant position; or

(b) the Minister is satisfied that a temporary appointment under this section is necessary to ensure the continued operation of the scheme due to –

(i) the suspension or cancellation of a person’s appointment under this Act as scheme coordinator or network operator; or

(ii) the termination of a scheme coordinator agreement or a network operator agreement.

(2)  The Minister may only appoint a person as a scheme coordinator, or network operator, under this section if the Minister is satisfied, on reasonable grounds, that the person meets the majority of the requirements specified in this Act in respect of the relevant appointment.

(3)  The appointment of a person as scheme coordinator, or network operator, under this section –

(a) is to be on such terms and conditions as are specified by the Minister; and

(b) may not exceed a cumulative period of 5 years; and

(c) does not prevent the person from being appointed as a scheme coordinator, or network operator, under another section of this Act after the appointment under this section ceases.