PART 9Power to obtain information and appeals
Power to obtain information86
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 Tribunal87
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.