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

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CHAPTER 5Enforcement undertakings and guidance

Contents of an enforcement undertaking

82.—(1) An enforcement undertaking from an authorised person must—

(a)specify the action intended to—

(i)secure that the breach does not continue or recur;

(ii)secure that the position is, so far as possible, restored to what it would have been if the breach had not been committed; and

(iii)benefit any person affected by the breach;

(b)contain a statement that the undertaking is made in accordance with this regulation.

(2) An enforcement undertaking may specify—

(a)the period within which the action must be completed;

(b)the circumstances in which a person is considered to have discharged the undertaking;

(c)where restoration of the harm arising from the breach is not possible, the action that will secure equivalent benefit to improvers and bill payers.

(3) The undertaking may be varied if the Secretary of State gives notice in writing.

(4) In this regulation, “equivalent benefit” means benefit which, in the opinion of the Secretary of State, is equivalent to the benefit that would result from restoration of the harm arising from the breach.

Failure to comply with an enforcement undertaking

83.  Where a person fails to comply with an enforcement undertaking, the Secretary of State may impose one or both of the following—

(a)the sanction which may otherwise have been imposed on that person had the enforcement undertaking not been given;

(b)in respect of the failure to comply with the enforcement undertaking,—

(i)withdrawal; or

(ii)except where the person is a green deal provider, suspension.

Discharge of a compliance notice or enforcement undertaking

84.—(1) Where the Secretary of State is satisfied that a person—

(a)has taken the steps specified in a compliance notice; or

(b)has complied with an enforcement undertaking;

the Secretary of State must issue a certificate to that effect (a “certificate”).

(2) Subject to regulation 85(2), a compliance notice and an enforcement undertaking cease to have effect on receipt of a certificate.

(3) A person who—

(a)is subject to a compliance notice; or

(b)has given an enforcement undertaking which has been accepted by the Secretary of State,

may at any time apply for a certificate.

(4) Within 14 days of receipt of an application made under paragraph (3), the Secretary of State must decide whether or not to issue a certificate and as soon as is practicable—

(a)issue a certificate; or

(b)give notice to the applicant of—

(i)the refusal; and

(ii)the reason for the refusal.

Inaccurate, misleading or incomplete information

85.—(1) A person who has given inaccurate, misleading or incomplete information to the Secretary of State in relation to an enforcement undertaking is regarded as having failed to comply with it.

(2) The Secretary of State may by notice revoke a certificate issued under regulation 84 if it was issued on the basis of inaccurate, incomplete or misleading information.

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