40Amendment of assessment

40 Amendment of assessment

40 Amendment of assessment

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

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

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

(a) meet the participant’s individual energy savings target, or

(b) remedy a carried forward shortfall.

(4) As soon as practicable after a scheme participant’s assessment is amended, the Scheme Regulator must give written notice of the amended assessment to the participant.

(5) When reviving surrendered certificates, the Scheme Regulator must revive the number of certificates the Scheme Regulator is satisfied are surplus to the number required to be surrendered in connection with the amended assessment.

(6) An assessment must be amended no later than one year after the date on which the assessment is taken to have been made under this division, unless—

(a) the Scheme Regulator is satisfied the amendment is required because of fraud or the giving of false or misleading information by a scheme participant, or

(b) the amendment was applied for by the participant.