53Order requiring surrender of energy savings certificates

53 Order requiring surrender of energy savings certificates

53 Order requiring surrender of energy savings certificates

(1) This clause applies if—

(a) an order is made or proposed to be made under the Act, Schedule 4A, clause 45 against a person, and

(b) the order is made or proposed to be made because the Scheme Administrator is satisfied the person is guilty of an offence of contravening a condition of the person’s accreditation as a certificate provider referred to in clause 44, and

(c) the condition was contravened because the person did not comply with an undertaking given under clause 40.

Note—

see clauses 44 and 45.

(2) For the purposes of the Act, Schedule 4A, clause 45(4), the number of energy savings certificates to be surrendered under the order is—

(a) if the contravention relates to an undertaking under clause 40(1)—the number that is equivalent to the number of energy savings certificates that, in the opinion of the Scheme Administrator, were created in respect of energy savings for which a benefit was obtained under a corresponding scheme, and

(b) if the contravention relates to an undertaking under clause 40(2) or (3)—the number that is equivalent to the number of energy savings certificates that, in the opinion of the Scheme Administrator, were not withheld from transfer in accordance with the undertaking.

cl 53: Am 2015 (750), Sch 1 [8] [9]; 2022 (607), Sch 1[43]–[46].