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The Renewable Heat Incentive Scheme Regulations 2018

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Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Renewable Heat Incentive Scheme Regulations 2018 ISBN 978-0-11-116673-4

Right of review

86.—(1) Any prospective, current or former participant affected by a decision made by the Authority in exercise of its functions under these Regulations (other than a decision made in accordance with this regulation) may have that decision reviewed by the Authority.

(2) An application for review must be made by notice in such format as the Authority may require and must—

(a)be received by the Authority within 28 days of the date of receipt of notification of the decision being reviewed;

(b)specify the decision which that person wishes to be reviewed;

(c)specify the grounds upon which the application is made; and

(d)be signed by or on behalf of the person making the application.

(3) A person who has made an application in accordance with paragraph (2) must provide the Authority with such information and such declarations as the Authority may reasonably request in order to discharge its functions under this regulation, provided any information requested is in that person’s possession.

(4) A review under this regulation may not be carried out by any person who was involved in the decision which is being reviewed.

(5) On review the Authority may—

(a)revoke or vary its decision;

(b)confirm its decision;

(c)vary any sanction or condition it has imposed; or

(d)replace any sanction or condition it has imposed with one or more alternative sanctions or conditions.

(6) Within 21 days of the Authority’s decision on a review, it must send the applicant and any other person who is in the Authority’s opinion affected by its decision a notice setting out its decision with reasons.

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Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.