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The Climate Change Agreements (Administration) Regulations 2012

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Requirements for administrator to be satisfied before entering into an agreement

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10.—(1) The administrator may only enter into an umbrella agreement after it has taken reasonable steps to satisfy itself that the facilities are facilities within the meaning of paragraph 50 of Schedule 6.

(2) The administrator may only enter into an underlying agreement after it has taken reasonable steps to satisfy itself—

(a)of the identity of the operator;

(b)that the facility to which the agreement applies is a facility within the meaning of paragraph 50 of Schedule 6; and

(c)that the activities undertaken by the facility fall within the umbrella agreement, if any.

(3) The administrator may only enter into an underlying agreement which covers a facility to which a previous underlying agreement applied if it has taken reasonable steps to satisfy itself that—

(a)progress made in the immediately preceding certification period towards meeting targets under the previous underlying agreement is, or is likely to be, satisfactory; and

(b)there are no outstanding penalties or charges in respect of the previous underlying agreement.

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