34Amendment of assessments generally

34 Amendment of assessments generally

34 Amendment of assessments generally

(1) The Scheme Regulator may, at any time, amend an assessment by making any alterations or additions that the Scheme Regulator thinks necessary to correct the assessment.

(2) The Scheme Regulator may amend an assessment in respect of a year whether or not the scheme participant concerned has paid an energy savings shortfall penalty for the year.

(3) The Scheme Regulator may revoke the cancellation of and revive energy savings certificates surrendered in connection with the unamended assessment if, in the opinion of the Scheme Regulator, the scheme participant surrendered a greater number of certificates in connection with that assessment than was required—

(a) for the purpose of meeting the participant’s individual energy savings target, or

(b) to remedy a carried forward shortfall.

(4) The number of certificates that may be revived is equal to the number of certificates that, in the opinion of the Scheme Regulator, is surplus to the number required to be surrendered in connection with the amended assessment for the purpose of meeting the scheme participant’s individual energy savings target or to remedy a carried forward shortfall.

(5) As soon as practicable after an assessment is amended, the Scheme Regulator must give written notice of the amended assessment to the scheme participant.

(6) An assessment may be amended under this clause no later than one year after the date on which the assessment is taken to have been made under this Division.

(7) The one-year time limit does not apply to—

(a) an amendment that, in the opinion of the Scheme Regulator, is required because of fraud or the provision of false or misleading information by a scheme participant, or

(b) an amendment that is made on the application of the scheme participant concerned.