The Clean Heat Market Mechanism Regulations 2025
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Change 1
20 Power of administrator to estimate fossil fuel boiler sales
(1) Paragraph (2) applies where— (a) the administrator has reasonable grounds to believe that there is a failure by a scheme participant to comply with the obligation in regulation 16 (annual notification of fossil fuel boiler sales); (b) the administrator has reasonable grounds to believe that the information supplied by a scheme participant pursuant to regulation 16 is incorrect in a material particular; or (c) the evidence provided by a scheme participant under regulation 16(2)(b) does not demonstrate to the satisfaction of the administrator that a fossil fuel boiler to which the evidence relates was, or was to be, exported from the United Kingdom or installed at a building in the United Kingdom which has not been first used or occupied before the installation takes place, as the case may be. (2) Where this paragraph applies, the administrator may— (a) make a determination of the number of qualifying and excluded sales of fossil fuel boilers of which a scheme participant is the supplier and which took place during the scheme year concerned; and (b) rely on that determination when recording the scheme participant’s low-carbon heat target in the registry in accordance with regulation 12(4) or when exercising the powers in regulation 29 (correction of the registry), Part 7 (monitoring compliance) or Part 8 (civil penalties). (3) The administrator may base a determination under paragraph (2)(a) on the information available to it, including but not limited to— (a) information supplied by the scheme participant under regulation 15 (quarterly notification of fossil fuel boiler sales) or 16, as the case may be, for a previous scheme year; (b) other information relating to the scheme participant to which the administrator has access; (c) market intelligence reports. (4) The administrator must base a determination under paragraph (2)(a) on a set of assumptions designed to ensure that no under-estimation occurs. (5) Where the administrator makes a determination under paragraph (2)(a), it must give a notice of the determination to the scheme participant within 28 days of making it, and that notice must include— (a) an explanation of how the determination was reached; (b) an explanation of the effect of the determination; and (c) information about rights of appeal. (6) The administrator may withdraw a notice given under paragraph (5) where— (a) the administrator considers that it contains an error; or (b) a failure described in paragraph (1) is rectified to the satisfaction of the administrator. (7) Where a notice is withdrawn under paragraph (6)(a), the administrator must— (a) make a new determination of the number of qualifying and excluded sales of fossil fuel boilers of which the scheme participant is the supplier which took place during the scheme year; (b) give a notice of the revised determination, including the matters mentioned in paragraph (5)(a) to (c), to the scheme participant within 28 days of making it; and (c) update the registry accordingly.
20 Power of administrator to estimate fossil fuel boiler sales
(1) Paragraph (2) applies where— (a) the administrator has reasonable grounds to believe that there is a failure by a scheme participant to comply with the obligation in regulation 16 (annual notification of fossil fuel boiler sales); (b) the administrator has reasonable grounds to believe that the information supplied by a scheme participant pursuant to regulation 16 is incorrect in a material particular; or (c) the evidence provided by a scheme participant under regulation 16(2)(b) does not demonstrate to the satisfaction of the administrator that a fossil fuel boiler to which the evidence relates was, or was to be, exported from the United Kingdom or installed at a building in the United Kingdom which has not been first used or occupied before the installation takes place, as the case may be. (2) Where this paragraph applies, the administrator may— (a) make a determination of the number of qualifying and excluded sales of fossil fuel boilers of which a scheme participant is the supplier and which took place during the scheme year concerned; and (b) rely on that determination when recording the scheme participant’s low-carbon heat target in the registry in accordance with regulation 12(4) or when exercising the powers in regulation 29 (correction of the registry), Part 7 (monitoring compliance) or Part 8 (civil penalties). (3) The administrator may base a determination under paragraph (2)(a) on the information available to it, including but not limited to— (a) information supplied by the scheme participant under regulation 15 (quarterly notification of fossil fuel boiler sales) or 16, as the case may be, for a previous scheme year; (b) other information relating to the scheme participant to which the administrator has access; (c) market intelligence reports. (4) The administrator must base a determination under paragraph (2)(a) on a set of assumptions designed to ensure that no under-estimation occurs. (5) Where the administrator makes a determination under paragraph (2)(a), it must give a notice of the determination to the scheme participant within 28 days of making it, and that notice must include— (a) an explanation of how the determination was reached; (b) an explanation of the effect of the determination; and (c) information about rights of appeal. (6) The administrator may withdraw a notice given under paragraph (5) where— (a) the administrator considers that it contains an error; or (b) a failure described in paragraph (1) is rectified to the satisfaction of the administrator. (7) Where a notice is withdrawn under paragraph (6)(a), the administrator must— (a) make a new determination of the number of qualifying and excluded sales of fossil fuel boilers of which the scheme participant is the supplier which took place during the scheme year; (b) give a notice of the revised determination, including the matters mentioned in paragraph (5)(a) to (c), to the scheme participant within 28 days of making it; and (c) update the registry accordingly.
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