The Renewable Transport Fuel Obligations (Sustainable Aviation Fuel) Order 2024

20 Revocation of a SAF certificate

(1) The Administrator may revoke a SAF certificate on request by the supplier to whom the certificate was issued or, where the certificate has been transferred to another person to whose credit the certificate is held (a “transferee”), on request by that transferee. (2) Subject to the following paragraphs, the Administrator may revoke a SAF certificate where the Administrator is satisfied that— (a) the declaration provided for that certificate under article 16(2)(a) was false; (b) the certificate was issued as a consequence of any fraudulent behaviour, statement or undertaking on the part of the supplier to whom it was issued, any connected person or any person who has produced a verifier’s assurance report or a verifier’s declaration; (c) the information provided to the Administrator for the certificate under article 11(1) was materially inaccurate; (d) the evidence provided for the information referred to in sub-paragraph (c) was insufficient to substantiate it; or (e) the verifier’s assurance report or the verifier’s declaration was materially inaccurate. (3) Before revoking a SAF certificate, the Administrator must give notice in writing to the supplier to whom the certificate was issued and any transferee. (4) The notice must state— (a) that the Administrator is proposing to revoke the SAF certificate, (b) the grounds for the proposed revocation, (c) that the supplier and any transferee may make representations in writing to the Administrator in relation to the proposed revocation, and (d) that any such representations must be made within such period as the Administrator specifies, being a period of not less than 14 days beginning on the date of receipt of the notice. (5) The Administrator— (a) must consider any representations which are made under paragraph (4), (b) must decide whether to revoke the SAF certificate, and (c) may not revoke the certificate— (i) within a period of 28 days beginning on the date of the notice, and (ii) later than the revocation date. (6) Where the Administrator revokes a SAF certificate, the Administrator must, within a period of seven days beginning on the date of revocation, but in any event not later than the applicable date— (a) give notice in writing of such revocation to the supplier to whom the certificate was issued, and to any transferee, and (b) state in that notice— (i) the grounds for the revocation, (ii) that the supplier or any transferee may apply to the Administrator by notice in writing to reconsider the revocation, and (iii) the requirements about reconsideration of that notice which are set out in paragraph (8). (7) Where the Administrator revokes a SAF certificate, the supplier to whom the certificate was issued or any transferee may apply to the Administrator by notice in writing to reconsider the revocation. (8) A notice under paragraph (7) must— (a) be given to the Administrator within a period of 14 days beginning on the date of receipt of the notice of revocation, but in any event not later than the notification date, (b) set out the grounds for reconsidering the revocation, and (c) contain any representations which the supplier or transferee wishes to make about the reconsideration of the revocation. (9) The Administrator must— (a) consider any representations which the supplier or transferee has made under paragraph (8), and (b) reconsider the revocation not later than the reconsideration date. (10) On reconsidering the revocation, the Administrator must— (a) re-instate the SAF certificate, or (b) confirm the revocation of the certificate on the grounds referred to in paragraph (6)(b)(i) or on other grounds. (11) The Administrator must give notice in writing of its decision by the reconsideration date and, in the case of a confirmation of a revocation of a SAF certificate, of the grounds for that revocation to the supplier to whom the certificate was issued and to any transferee. (12) Where— (a) the Administrator does not reconsider the revocation by the reconsideration date, or (b) a SAF certificate is revoked but is subsequently re-instated, the certificate is taken to have been re-instated as at the end of the obligation period to which the certificate relates. (13) The Administrator may hold an oral hearing before making a decision on a proposed revocation or on a reconsideration of a revocation. (14) A person who provides information or produces evidence to the Administrator for a proposed revocation or a reconsideration of a revocation must ensure that such information or evidence is accurate to the best of their knowledge or belief. (15) In this article— “applicable date” means 23rd July of the year immediately following the end of the obligation period during which the SAF certificate was issued (or the next working day after 23rd July, if 23rd July is not a working day); “notification date” means 6th August of the year immediately following the end of the obligation period during which the SAF certificate was issued (or the next working day after 6th August, if 6th August is not a working day); “reconsideration date” means 15th August of the year immediately following the end of the obligation period during which the SAF certificate was issued (or the next working day after 15th August, if 15th August is not a working day); “revocation date” means 16th July of the year immediately following the end of the obligation period during which the SAF certificate was issued (or the next working day after 16th July, if 16th July is not a working day).