Revocation

15.1 The Authority may at any time revoke the heat network authorisation in whole or in part by:

15.1.1 giving no less than thirty (30) days' (or such shorter period as the Authority and the authorised person agree in Writing) notice in Writing to the authorised person:

(a) if the authorised person agrees in Writing with the Authority that the heat network

authorisation (or part, as applicable) should be revoked;

(b) if any amount payable to the Authority under the authorisation conditions is

unpaid thirty (30) days after it has become due and remains unpaid for a period

of fourteen (14) days after the Authority has given the authorised person notice

that the payment is overdue - provided that no such notice shall be given earlier

than the sixteenth day after the day on which the amount payable became due;

(c) if the authorised person fails:

(i) to comply with a final order (within the meaning of regulation 29 of the

Regulations) or with a provisional order (within the meaning of that

regulation) which has been confirmed under that regulation and (in either

case) such failure is not rectified to the satisfaction of the Authority within

three (3) months after the Authority has given notice in Writing of such

failure to the authorised person provided that no such notice shall be

given by the Authority before the expiration of the period within which an

application under regulation 29 of the Regulations could be made

questioning the validity of the final or provisional order or before the

proceedings relating to any such application are finally determined;

(ii) to pay any penalty (within the meaning of regulation 31 of the Regulations) by the due date for such payment and such payment is not made to the Authority within three (3) months after the Authority has given notice in Writing of such failure to the authorised person - provided that no such notice shall be given by the Authority before the expiration of the period within which an application under regulation 35 of the Regulations could be made questioning the validity or effect of the penalty or before the proceedings relating to any such application are finally determined; or

(iii) to comply with a consumer redress order (within the meaning of regulation 37 of the Regulations) and such failure is not rectified to the satisfaction of the Authority within three (3) months after the Authority has given notice in Writing of such failure to the authorised person provided that no such notice shall be given by the Authority before the expiration of the period within which an application under regulation 43 of the Regulations could be made or before the proceedings relation to any such application are finally determined;

(d) the authorised person fails to comply with:

(i) an order made by the court under Section 34 of the Competition Act

1998;

(ii) an order made by the Authority under Sections 158 or 160 of the Enterprise Act 2002;

(iii) an order made by the CMA under Sections 76, 81, 83, 84 and 161 of the Enterprise Act 2002;

(iv) an order or decision (as applicable) made by the Secretary of State under Sections 66, 147, 160 or 161 of the Enterprise Act 2002; or

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(e) if the authorised person:

(i) has not within one (1) year after the date on which the heat network

authorisation comes into force, commenced all of the regulated activities

to which the heat network authorisation relates (or, in the case of a

revocation in part, the relevant regulated activity or activities); or

(ii) has ceased to carry on all of the regulated activities to which the heat network authorisation relates (or, in the case of a revocation in part, the relevant regulated activity or activities);

15.1.2 giving no less than twenty-four (24) hours' notice in Writing to the authorised person if the authorised person:

(a) is unable to pay its debts (within the meaning of Section 123(1) or (2) of the

Insolvency Act 1986, but subject to paragraph 15.2 of this authorisation condition)

or has any voluntary arrangement proposed in relation to it under Section 1 of

that Act or enters into any compromise or scheme of arrangement (other than for

the purpose of reconstruction or amalgamation upon terms and within such

period as may previously have been approved in Writing by the Authority) or the

occurrence of any analogous event;

(b) has a receiver (which expression shall include a fixed charge receiver, a receiver

appointed pursuant to the Law of Property Act 1925, an administrative receiver or

other receiver within the meaning of Section 29 of the Insolvency Act 1986 in

England and Wales or a receiver within the meaning of Section 70 of the

Insolvency Act 1986 in Scotland) of the whole or any material part of its assets or

undertaking appointed;

(c) enters administration within the meaning of paragraph 1 of Schedule B1 to the

Insolvency Act 1986;

(d) passes any resolution for winding-up other than a resolution previously approved

in Writing by the Authority;

(e) becomes subject to an order for winding-up by a court of competent jurisdiction;

(f) has a trustee in bankruptcy appointed, is subject to a debt relief order or a County

Court administration order, enters an individual voluntary arrangement or a

breathing space moratorium or a debt management plan or the occurrence of any

analogous event;

(g) has a trustee in sequestration appointed, enters a trust deed, a protected trust

deed or a debt arrangement scheme or the occurrence of any analogous event;

or

(h) has any event occur, or proceedings taken, in any jurisdiction to which it is

subject, that has an effect equivalent or similar to any of the events mentioned

above; or

15.1.3 giving no less than seven (7) days' notice in Writing to the authorised person where the Authority is satisfied that there has been a material misstatement (of fact) by, or on behalf of the authorised person, in making an application in relation to the heat network authorisation.

15.2 The authorised person shall not be deemed to be unable to pay its debts for the purposes of sub-paragraph 15.1.2(a) if any such demand as is mentioned in Section 123(1)(a) of the Insolvency Act 1986 is being contested in good faith by the authorised person with recourse to all appropriate measures and procedures or if any such demand is satisfied before the expiration of such period as may be stated in any notice given by the Authority under paragraph 15.1.

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15.3 A reference to revoking the heat network authorisation in part is a reference to revoking it in relation to one or more (but not all) of the regulated activities to which the heat network authorisation relates.

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SECTION B: Conditions applicable to authorised persons carrying on the regulated activity of supply

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