124Functions of Scheme Regulator

#### 124 Functions of Scheme Regulator 124 Functions of Scheme Regulator > > (1) The Scheme Regulator has the following functions— > > > > > (a) to assess and determine, in accordance with this Part, the regulations and the scheme rules, whether scheme participants have complied with individual certificate targets, > > > > > (b) if appropriate, to assess and determine, in accordance with this Part, the regulations and the scheme rules, any shortfall penalty payable by a scheme participant, > > > > > (c) to conduct audits, or require the conduct of audits, for the purposes of this Part, > > > > > (d) to monitor, and report to the Minister on, the extent to which scheme participants comply, or fail to comply, with obligations imposed by or under this Part, > > > > > (e) to provide advice to the Minister on request about the extent of an under supply or over supply of certificates that may be surrendered, > > > > > (f) other functions conferred or imposed on it by or under this Act. > > > (2) If the Scheme Regulator is appointed by the Minister, the Scheme Regulator also has any other functions conferred or imposed on it by the Minister under the terms of its appointment as Scheme Regulator. > > > (3) For the purposes of enabling the Scheme Regulator to exercise its functions, the Minister must provide the Scheme Regulator with information in the Minister’s possession in relation to the compliance by scheme participants with this Part, if requested by the Scheme Regulator. > > > (4) The Scheme Regulator may delegate the exercise of its functions under this Part, other than this power of delegation, to— > > > > > (a) with the approval of the Minister—another person or body, and > > > > > (b) a person who is a member of a class of persons approved by the Minister. > > > (5) If the Tribunal is the Scheme Regulator, the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039), section 10 does not apply to the Tribunal’s functions as Scheme Regulator.