48Undertakings—the Act, Schedule 4A, cl 39(4)

48 Undertakings—the Act, Schedule 4A, cl 39(4)

48 Undertakings—the Act, Schedule 4A, cl 39(4)

(1) The Scheme Administrator may require an applicant to give the following undertakings—

(a) an undertaking that the applicant will not claim a benefit under a corresponding scheme if claiming the benefit would result in a benefit being obtained under more than one scheme for the same energy savings,

(b) an undertaking that, if the applicant is granted accreditation subject to an audit condition, the applicant will withhold from transfer a proportion of the energy savings certificates created by the applicant pending the result of the audit.

(2) The Scheme Administrator may require an accredited energy savings certificate provider whose accreditation is subject to an audit condition to give an undertaking to withhold from transfer a proportion of the energy savings certificates created by the provider pending the result of the audit.

(3) The Scheme Administrator must not require a person to give an undertaking to withhold from transfer more than 20% of the energy savings certificates created by the person.

(4) Despite subsection (3), the Scheme Administrator may accept an undertaking from an accredited energy savings certificate provider whose accreditation is subject to an audit condition that the provider will withhold up to 100% of the energy savings certificates created by the provider.

(5) An undertaking must be given in the form approved by the Scheme Administrator.

(6) In this section—

applicant means a person who applies for accreditation as an energy savings certificate provider.

audit condition means a condition requiring an audit of the creation of energy savings certificates under section 65.