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The Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010

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This is the original version (as it was originally made).

PART 7Administrative functions of the Authority and notices

Publication of guidance

36.  The Authority may publish procedural guidance to FIT generators, nominated recipients and licensees in connection with the administration of the scheme.

List of FIT licensees

37.—(1) In respect of each FIT year, the Authority must publish the information it has received in FIT notifications from FIT licensees.

(2) The Authority must publish that information as soon as possible after the start of each FIT year.

(3) For the purposes of this article, “FIT notification” has the meaning given to it in Schedule A to Standard Condition 33.

Annual reports

38.  On or before 31st December after the end of each FIT year the Authority must provide to the Secretary of State a report in respect of that FIT year setting out the following—

(a)whether or not each FIT licensee has complied with its obligations under Standard Condition 33 and Standard Condition 34;

(b)in respect of each FIT licensee—

(i)the total FIT payments made;

(ii)the total generation payments made; and

(iii)the total export payments made,

by the FIT licensee;

(c)the total amount of electricity generated under the FIT scheme; and

(d)the total number of accredited FIT installations participating in the FIT scheme.

Additional information

39.—(1) The Authority may require a licensee to provide it with any information which it believes the licensee holds and which in the Authority’s opinion, it requires in order to discharge its functions under the FIT scheme.

(2) On request from the Secretary of State, the Authority must provide to the Secretary of State such additional information in relation to the FIT scheme as is requested.

Notices to reduce, withhold or recoup FIT payments

40.—(1) Where the Authority has good reason to believe that a FIT generator or nominated recipient may have received a FIT payment to which it was not entitled, the Authority may give notice to the FIT licensee which made the payment to—

(a)reduce further FIT payments due to be made to the FIT generator or nominated recipient until any amount overpaid has been recovered;

(b)withhold further FIT payments due to be made to the FIT generator or nominated recipient; or

(c)recoup any amount overpaid from the FIT generator or nominated recipient.

(2) Where the Authority subsequently establishes that the FIT generator or nominated recipient was entitled to receive the FIT payment, the Authority must give notice to the FIT licensee that—

(a)the amount of any FIT payment which was reduced, withheld or recouped should be paid to the FIT generator or nominated recipient as soon as possible; and

(b)where FIT payments have been withheld, FIT payments to the FIT generator or nominated recipient should recommence.

Notices

41.  A notice under this Order—

(a)must be in writing; and

(b)may be transmitted by electronic means.

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