39Assessment if energy savings statement not lodged

39 Assessment if energy savings statement not lodged

39 Assessment if energy savings statement not lodged

(1) If a scheme participant fails to lodge an energy savings statement, in accordance with the Act, for a year, the Scheme Regulator may make the assessment.

(2) In making the assessment, the Scheme Regulator may—

(a) base the assessment on the Scheme Regulator’s best estimate of the scheme participant’s liable acquisitions, verified by the Market Operator where possible, and

(b) take into account other matters the Scheme Regulator considers appropriate.

(3) As soon as practicable after an assessment is made by the Scheme Regulator, the Scheme Regulator must give the scheme participant written notice of the assessment.

(4) An assessment made by the Scheme Regulator is taken to have been made on—

(a) 1 March in the year after the year to which the assessment relates, or

(b) the later date specified by the Scheme Regulator in the notice of assessment given to the scheme participant.