The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012

PART 9 Power to obtain information and appeals

Power to obtain information

86.—(1) The Secretary of State may require an authorised person (“A”) to provide such information as the Secretary of State requests—

(a) for the purposes of monitoring or securing A’s compliance with the relevant requirements;

(b) for the purposes of determining what action to take as a consequence of any non-compliance by A with the relevant requirements;

(c) relating to A’s conduct and activities as an authorised person.

(2) The Secretary of State may also require a green deal provider to provide such information as the Secretary of State requests for the purposes of determining—

(a) whether there has been a breach of the consent provision or the disclosure and acknowledgment provisions;

(b) whether to impose sanctions under regulation 65 or 66;

(c) where applicable, the amount of compensation to be paid in accordance with regulation 65 or 66.

(3) Information requested under this regulation must be provided in such form and within such period as the Secretary of State specifies.

Appeal to First Tier Tribunal

87.—(1) Subject to paragraph (5), any person directly affected by a decision of the Secretary of State—

(a) to refuse an application for authorisation under Part 3 to act as a green deal assessor certification body or a green deal installer certification body;

(b) to impose or not to impose a sanction under Part 8,

may appeal to the First Tier Tribunal.

(2) The Tribunal must determine the standard of proof in any case.

(3) The Tribunal may suspend a decision pending determination of the appeal.

(4) The Tribunal may—

(a) in relation to a decision under Part 3 or 8—

(i) withdraw, confirm or vary the decision;

(ii) remit the decision to the Secretary of State;

(b) in relation to a decision whether to impose a sanction under Part 8, impose a different sanction or take different action.

(5) A relevant energy supplier may not appeal under this regulation unless it is affected by a decision for a reason which is not connected with its collection of payments under a plan.