Publication Date: 03.04.2013

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1. Introduction

1. These Bye-Laws constitute a legally binding agreement between a Code Member and whereby the Code Member agrees to be bound by the obligations set out in the Code and these Bye-Laws.  Any breach of these Bye-Laws may be enforced by using the remedies available to it under these Bye-Laws and at Law.  Breaches of the Code may be enforced in accordance with Clause 5 below.
2. The Board of may resolve to amend these Bye-Laws from time to time providing that the Supervisory Panel first approves any amendments affecting Code Members’ adherence to the Code.
3. The latest version of these Bye-Laws will be published on the Website.
4. These Bye-Laws relate only to the administration of the   Code and not to any other scheme or code administered by .

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2. Definitions

1. In this document the terms will be defined as set out below::
   
   

   Articles	The Articles of Association of .
   Administrative Bodies	The Executive, of , the Board of , the Supervisory Panel, other Panels, expert groups and any other body that might be created for the purposes of administering  the Code.
   Allegation of Breach	An allegation that a Code Member has breached the Code based on evidence received from a source set out in Clause 5.3 of these Bye-Laws.
   Appeals Panel	A Panel set up by the Executive in accordance with Clause 12.3 of these Bye-Laws for the purposes described in Clause 8 of these Bye-Laws.
   Applicant	A person who has applied to become a Code Member in accordance with Clause 3.1 below.
   Applications Panel	A Panel set up by the Executive in accordance with Clause 12.4 of these Bye-Laws for the purposes described in Clause 3 of these Bye-Laws.
   Association	Renewable Energy Association being the company incorporated in England and Wales with the registered company number 4241430.
   Audit	A face-to-face check that takes place at a Code Member’s premises to determine compliance with the Code in line with the relevant Guidance published on the Website from time to time.
   Auditor	A person acting independently of the Executive to assess the compliance of a Code Member with the Code whether by compliance check or compliance visit.
   Board	The Board of Directors of REAL as registered with Companies’ House.
   Bye-Laws	This document and any adopted updated versions of it.
   Chair	An Independent Panel Member appointed by the Executive specifically to chair meetings of a Panel, including the Supervisory Panel.
   Code	The Renewable Energy Consumer Code that relates to the marketing, sale, lease, contracting and supply of Energy Generators in domestic premises, administered by REAL, as may be adopted and updated from time to time by approval of the Supervisory Panel.
   Code Member	Any person REAL accepts to participate in the Code following a successful application for Code Membership. For the avoidance of doubt, a Code Member will not be a shareholder or voting member of REAL by virtue of being accepted as a Code Member.
   Code Membership Fee	The fee payable by Code Members to REAL in respect of membership of the Code and published on the Website.
   Complaints Procedure	The procedure as required by Trading Standards Institute and as set out in the Code and on the Website to register and handle complaints from Consumers in respect of Code Members.
   Compliance Check	The document headed 'Compliance Check' setting out the confirmations that are required from an Applicant or a Code Member as appropriate.
   Conditions	Has the meaning given to that term in Clause 5.22 and Clause 3.57 of these Bye-Laws.
   Consumer	A purchaser or lessor of an Energy Generator acting in a domestic capacity.
   Day	A calendar day.
   Due Date	The date 90 Days from the date an invoice is issued by Renewable Energy Assurance Ltd, or such other date as Renewable Energy Assurance Ltd will determine.
   Energy Generator	A small-scale renewable or low carbon heat or power generator for use in a domestic premises.
   Executive	The Chief Executive, appointed by the Board, and staff members appointed by the Chief Executive for the purposes of administering the Code.
   Expert Group	Any sub-committee established to advise the Supervisory Panel on matters of a technically or operationally specialised nature where the Supervisory Panel considers that it does not have the required level of expert knowledge.
   Independent Panel Member	A member of a Panel, who does not represent an entity involved in the commercial supply or installation of equipment or systems covered by the Code, has no affiliation with the administration of the Code, the Code Members or REAL.
   Logo	The listed mark of the Code, set out in Annex A.
   MCS	Microgeneration Certification Scheme
   Monitoring	Activities intended to check Code Members’ compliance with the Code including Audits, Compliance Checks and Mystery Shopping.
   Mystery Shop	An exercise carried out to test a Code Member’s compliance with the Code that involves posing as a Consumer.
   Non-Compliance Panel	A Panel set up by the Executive in accordance with Clause 12.2 of these Bye-Laws for the purposes described in Clauses 5 and 6 of these Bye-Laws.
   Notice of Breach	Has the meaning given to that term in Clause 5.10.
   Panel	A group of people appointed by the Executive, but independent of it, to carry out specific functions as set out in these Bye-Laws.
   Probationary Period	Has the meaning given to that term in Clauses 3.10 and 5.23.
   REA	Renewable Energy Association, being the not-for-profit company incorporated in England and Wales with the company number 04241430.
   REAL	Renewable Energy Assurance Limited being the wholly-owned subsidiary company of the REA, incorporated in England and Wales with the company number 5720606 that, inter alia, administers the Code.
   Renewable Energy	Heat or power generated from renewable sources as defined in the Code for use in a domestic premises.
   Supervisory Panel	A Panel appointed by the Executive set up in accordance with Clause 10 of these Bye-Laws for the purposes set out in Clause 11 of these Bye-Laws.
   Supervisory Panel Member	A person appointed by the Executive to sit on the Supervisory Panel, in accordance with Article 22 of the Articles and Clause 10 of these Bye-Laws.
   Supervisory Panel Observer	A person invited by the Executive to observe at meetings of the Supervisory Panel who does not have the right to vote in respect of decisions, including any Government officials.
   Website	The Code internet site: www.recc.org.uk or such updated reference as may be notified to the Members from time to time.

2. Terms defined in the Articles and the Code will, unless redefined above or the context requires otherwise, have these meanings.
3. References to the singular include the plural and to the plural include the singular and references to one gender will include all other genders.
4. Words referring to persons will include body corporates.

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3. Becoming a Code Member

1. A person wishing to apply for Code membership  may do so by submitting a completed application form to the Executive, thereby becoming an Applicant. The Executive will spot check some completed application forms. The Applicant will be required to submit evidence to justify the information provided and declarations made in the application form.
2. An Applicant will also be required to complete a Compliance Check to demonstrate compliance with the latest version of the Code. The Executive will spot check some completed Compliance Checks. The Applicant will be required to submit the documentation to show compliance. The Executive may refuse membership until it is entirely satisfied that the Applicant is compliant with the Code. If the Executive considers it necessary to check further whether the Applicant is compliant, it may require that an audit of the Applicant be carried out in addition to the Compliance Check. The Applicant shall give the Code’s Auditor(s) access to the Applicant’s premises during business hours on reasonable notice for the purposes of such audit. The Applicant shall also provide any documents reasonably requested by the Executive for the purposes of the audit. The Applicant shall pay all fees and costs reasonably incurred by the Executive in relation to the audit.
3. The Executive will then consider the application and, providing all the requirements of the application process have been met to its entire satisfaction, will process the application.
4. If an Applicant is unable to make the declarations contained within the application form, or where the Executive considers that further consideration is required, the Executive will investigate the circumstances surrounding the application.
5. The Executive may, where it considers appropriate, decide to admit the Applicant subject to certain conditions or undertakings which must be met or given by an Applicant to ensure it meets all the requirements for admission to the Code.  These may include admittance to the Code on the basis of a Probationary Period.
6. Alternatively, the Executive may, where it considers that one or more of the circumstances set out below have been met, decide  to exercise its discretion to refer an Applicant  to the Applications Panel for a decision.
7. If it later becomes apparent that any of the declarations made by a Code Member in its application have not been made in good faith, this will automatically trigger disciplinary action (as set out in these Bye-Laws) which may include termination of Code membership. 
8. The reasons the Executive or the Applications Panel may decide not to approve an application include:
1. the Applicant is not MCS certified or in the process of becoming MCS certified at the date the application is made; and has not provided the Executive with an explanation that it considers adequate as to why not;
2. if at that date the Applicant owes an outstanding debt to for a previous period of Code membership;
3. where the directors of the Applicant or individuals associated with the Applicant have previously been disqualified from acting as a company director or required to give undertakings under the Enterprise Act 2002 with reference to the Applicant or another business, whether or not in a related sector;
4. where the directors of the Applicant or individuals closely associated with them or it have a history of involvement with entities that have been the subject of the appointment of a receiver, liquidator, administrator, resolution for winding up, an arrangement with creditors or have become insolvent; 
5. where there are Court Judgments against the Applicant and/or one or more directors of the Applicant and/or individuals associated with the Applicant;
6. where consumers have been adversely affected in the past by an Applicant or individuals or other entities associated with an Applicant;
7. where false or misleading declarations or statements are found to have been given on the application form or in correspondence with the Exectutive;
8. where the Executive considers there is reasonable evidence to suggest that admission of the Applicant would be likely to bring the Code into disrepute;
9. where there is evidence that an Applicant is not compliant with key elements of the Code.
9. If an application is referred to the Applications Panel in accordance with clause 3.4, the Applications Panel shall prepare a written notice of its decision. The Applications Panel may, where it considers appropriate, issue certain conditions or undertakings which must be met or given by an Applicant to ensure it meets all the requirements for admission to the Code. 
10. The Applications Panel may, as one of the conditions, require that the Applicant be admitted to the Code on the basis of a Probationary Period during which the Executive will be required to monitor compliance with the Code. Code Members serving a  Probationary Period may be identified on the Website.
11. The Applications Panel may, if it considers it appropriate as one of the conditions, and if one has not already been carried out, order the Executive to arrange for an audit of the Applicant to be carried out in addition to the Compliance Check previously completed. The Applicant shall give the Code’s Auditor(s) access to the Applicant’s premises during business hours on reasonable notice for the purposes of such audit. The Applicant shall also provide any documents reasonably requested by the Executive for the purposes of the audit. The Applicant shall pay all fees and costs reasonably incurred by the Executive in relation to the audit.
12. If an application is successful, the Applicant will become a Code Member from the date that receives the Code Membership Fee. The Executive will notify the Applicant of its Code membership and of its obligations, as set out in these Bye-Laws and the Code, and will list the Code Member on its website.

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4. Obligations of Code Members

1. In addition to the obligations set out in this Clause 4 and these Bye-laws generally, Code Members will comply with the obligations set out in the latest version of the Code.
2. Code Membership Fees
1. The Executive may, at its discretion, adjust the Code Membership Fee each year in accordance with these Bye-Laws. .
2. Code Members will pay the Code Membership Fee by the Due Date at the latest. The Code Membership Fee will not be refundable should a Code Member decide to withdraw from the Code during the calendar year for which the Code Membership Fee has already been paid.
3. In exceptional circumstances, and at its discretion, the Executive may agree with a Code Member to allow staged payments of the Code Membership Fee, subject to the addition of reasonable service or interest costs as may be agreed.
3. Code Membership Certificate
1. Code Members must possess a current valid Code Membership certificate to show the MCS assessor and Consumers. A Code Membership certificate will be valid only when signed by the Executive and by the authorised senior representative of the Code Member who has been designated as the "Renewable Energy Consumer Consumer Code Primary Contact".
2. Code Members will inform the Executive promptly, and in any case within 28 Days , when there are any changes to their contact details, the designated “Renewable Energy Consumer Primary Contact” or other details as set out in their Code Membership Certificate.
4. Use of Logo
1. Code Members will use the Logo only in accordance with the most recently published guidelines, issued by the Executive from time to time and available on the Website. If Code Members are entitled to use other logos, they must also follow the conditions of use of such logos, so long as there is no conflict with the conditions set out in these Bye-Laws.
5. Consumer Protection
1. Code Members will take all reasonable steps to promote the benefits of the Code to Consumers and will not mislead them in any way as to their Code Membership.
2. Code Members will not make any statements, whether verbal or in writing, in print or on the internet, designed to bring, or which may have the effect of bringing, the Code into disrepute.
3. The Executive will notify Code Members by email of modifications made to the Code.  
4. Code Members will comply with the latest version of the Code, available on the Website. Code Members will inform all employees, agents, subcontractors and any other individuals who act on their behalf of the requirements of the Code and the responsibilities placed upon these persons by the Code.
5. Code Members will ensure that all employees, agents, subcontractors and any other individuals who act on their behalf have been effectively trained in how to interpret the Code and that they comply with it.
6. If Code Members purchase, or otherwise obtain, sales leads or contracts from third party organisations, individuals or websites, Code Members are responsible for ensuring that the organisations, individuals or those running the websites have been trained in, and have complied with, all the relevant conditions of the Code. If the third party organisations, individuals or websites do not comply with the relevant requirements of the Code, the Code Member will be responsible and the matter will be dealt with as described in Clause 5 below.
7. Code Members will include full compliance with the Code as an explicit condition of any agreement between them  and an agent, employee, sub-contractor or third party relating to any of the marketing, sale, lease, contracting, supply, installation, operation, after sales service and maintenance of Energy Generators. Code Members will be liable for the actions of any such agent, employee, sub-contractor or third party that breach the Code.
8. Code Members will co-operate fully with the Monitoring the Executive is required by Trading Standards Institute to undertake in order to to ensure that Code Members are compliant with the Code. Monitoring will be undertaken in line with guidance provided by the Executive from time to time and available on the Website.
9. Code Members will at all times maintain appropriate insurance to cover potential liability to Consumers or third parties which may be caused by any of their activities in supplying Energy Generators to Consumers. The insurance must be adequate to cover any liabilities which might reasonably be expected to arise from their activities but must not be less than one million pounds for each incident. Code Members must make available full details of the insurance cover including the name and address of the provider and any limitations of cover.
10. Code Members must follow appropriate business practices and procedures to make sure they can meet their responsibilities to Consumers. This includes making sure they have sufficient financial resources and staff to carry out any contracts for buying or leasing Energy Generators agreed with Consumers.
11. A Code Member will only offer credit or hire purchase to Consumers if the Code Member holds a valid and up-to-date consumer credit licence with the appropriate categories and if the Code Member conforms to all relevant Acts and Regulations that relate to the provision of credit. If a Code Member recommends specific credit arrangements to Consumers, it is the Code Member’s responsibility to ascertain whether they require a credit licence to do so.
12. A Code Member will notify the Executive promptly, and in any case within 28 days, if there is any change to its directors listed at Companies’ House, or if any of the other information it provided when applying to join the Code should change, including the person designated the 'Renewable Energy Consumer Code primary contact'.
13. If the Executive is unable to contact, locate or obtain a response to its communications from a Code Member for a period of 28 days, the Executive will be entitled to terminate the Code Member’s membership.

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5. Procedure where a Code Member is suspected of not following the Code

1. If the Executive has reasonable grounds to suspect that a Code Member has committed a breach of the Code, the procedures set out in this Clause 5 will apply. The Executive will investigate any such suspected breach of the Code in good faith, and as quickly and fairly as it reasonably can in accordance with the procedures set out in these Bye-Laws. For the avoidance of doubt, the procedures set out in this clause do not apply to breaches of these Bye-Laws that are not also breaches of the Code.
2. No act or omission of the Executive will constitute a waiver of the Non-Compliance Panel's rights to investigate any alleged breach of the Code and activate the disciplinary procedures set out in this clause.
3. Evidence of breach
   The Executive may receive information regarding an alleged or suspected breach from any source including but not limited to:
1. complaints and feedback from Consumers or other individuals;
2. an analysis of conciliation and arbitration outcomes;
3. the results of audit compliance monitoring;
4. the results of consumer satisfaction surveys;
5. the results of mystery shopping;
6. Citizens Advice, Trading Standards Departments, the Advertising Standards Authority, the County Courts;
7. media reports;
8. the MCS licensee, MCS certification bodies; and/or
9. other Code Members.
4. The Executive shall register all complaints giving reasonable grounds of an alleged or suspected breach as soon as practicable following receipt by the Executive.
5. As soon as practicable following registration, the Executive will notify the Code Member in writing of the information received. The Executive will:
1. set out:
1. a summary of the information received;
2. details of how the information has been received including its source unless the source has requested that its confidentiality be preserved; and
3. an explanation as to how the information received suggests that the Code has been breached including the section of the Code that the Executive suspects may have been breached.
2. where, in its discretion it considers it to be appropriate, include a copy of the information received in the material supplied to the Code Member. Code Members accept that they have no right to such documentation and that the supply of such documentation is in the discretion of the Executive. The Executive may redact any confidential or personal information contained in such material, in its discretion.
3. invite comments from the Code Member within a defined timeframe to be set by the Executive in its sole discretion.
6. On receipt of comments from the Code Member, or on the expiry of the timeframe for the receipt of those comments, whichever is the sooner, the Executive shall in its sole discretion decide whether it requires the matter to be considered by the Non-Compliance Panel. The matter will be referred to the Non-Compliance Panel if the Executive is not satisfied by the response it has received and continues to have reasonable grounds to suspect that there has been a serious, severe or persistent breach of the Code.
7. Code Members acknowledge that resolution of a particular complaint is not of itself sufficient to prevent the matter being referred to and disciplinary action being taken by the Non-Compliance Panel. Information as to an alleged or suspected breach may indicate systematic behaviour requiring disciplinary action.
8. Provision of evidence to Non-Compliance Panel
   If the Executive decides that the matter is to be submitted to the Non-Compliance Panel then the Executive shall  submit the information it has received  together with the comments received from the Code Member (if any) in response to the Non-Compliance Panel as soon as reasonably practicable and, where possible, within 28 Days from registration by the Executive.
9. The Non-Compliance Panel shall not receive any information that has not also been provided to the Code Member.
10. The Non-Compliance Panel shall call a disciplinary hearing in respect of any conduct that is alleged or suspected to give rise to a breach which in its  view  is persistent or appears sufficiently serious as potentially to constitute a serious or severe breach. It shall be open to the Non-Compliance Panel to call a disciplinary hearing where conduct appears less serious should it consider it appropriate to do so. Where the Non-Compliance Panel takes the view that a breach is not considered so serious or severe that a disciplinary hearing is required, the Non-Compliance Panel may send the Code Member a Notice of Breach. If a Code Member is sent more than one Notice of Breach within three years of the date of the first Notice of Breach it receives, then, the Non-Compliance Panel shall be entitled to call a disciplinary hearing in relation to such matters on the basis that such breaches may amount to a persistent breach.
11. Save in urgent cases, any disciplinary hearing shall be called on no less than 21 Days' notice in writing to the Code Member at which the conduct of the Code Member that has given rise to the alleged or suspected breach shall be considered. The Executive shall inform the Code Member of the provision of the Code that it has reasonable grounds to consider has been breached and the acts or omissions that give rise to that consideration.
12. The Code Member shall be invited to attend the hearing and to make oral submissions relating to the subject matter of the hearing. The Code Member is under no requirement to make oral submissions at the hearing and it will not be held against the Code Member if it does not do so. In appropriate cases the Non-Compliance Panel can in its discretion permit witnesses to give evidence at the hearing.
13. It shall be open to the Executive to make oral submissions at the hearing should it choose to do so.
14. The Code Member may submit any additional documentation in support of its case 14 Days prior to the hearing. The Executive may respond to this material no later than 7 Days prior to the hearing.
15. Prior to the hearing, Code Members and the Executive can apply to the Chair of the Non-Compliance Panel in writing for a variation of the applicable procedures, such as the time limits. Such applications shall be granted when in the discretion of the Chair it is necessary in the interests of justice.
16. A person independent of the   Code Member and the Executive will take an accurate minute of the hearing. The Code Member and the Executive hereby consent to the recording of the hearing at the discretion of the Non-Compliance Panel. Each party agrees to notify its employees of its consent and obtain their consent to that recording to the extent required by law.
17. Action to be taken by the Non-Compliance Panel
    The Non-Compliance Panel shall issue its decision by notice by no later than 7 Days following the hearing.
18. If a breach of the Code is found, the Non-Compliance Panel must issue a notice setting out:
1. the provision(s) of the Code that the Code Member has breached;
2. its factual findings which led it to conclude that such provisions had been breached in sufficient detail to enable the Code Member, the Executive and any Appeals Panel to understand the basis for the findings.
19. In respect of any breach of the Code, the Non-Compliance Panel may in its discretion issue certain conditions to which the Code Member must adhere in order to ensure its on-going Code Membership.
20. In the case of a serious breach, the Non-Compliance Panel may also issue a written warning which sets out the consequences of future breach of the Code.
21. In the case of a serious breach, the Non-Compliance Panel may also require the Code Member to make a financial payment proportionate to the loss caused to the Consumer and / or the costs incurred by the Executive in investigating and enforcing these Bye-Laws.
22. In the case of a severe breach of the Code, the Non-Compliance Panel may decide to terminate the Code Member's membership of the Code if it considers that the conduct of the Code Member was grossly prejudicial to the interests of the   Code and if it considers that the conduct is irremediable. If it considers that the conduct is remediable it shall set out a timeframe in which such conduct must be remedied and the steps that must be taken by the Code Member to remedy the breach (the Conditions).
23. In such a case the Non-Compliance Panel may require that the Code Member should be required to serve a Probationary Period during which the Executive will be required to monitor compliance with the Code. Code Members serving a  Probationary Period may be identified on the Website.
24. If the breach of the Code is found to be serious or severe, the Non-Compliance Panel may invite submissions in writing from the Executive and the Code Member as to what conditions would be appropriate based on its findings before making such determination. The Code Member shall respond to any such request within 7 Days of the request being made.
25. Payment of fee for re-audit
    If the Non-Compliance Panel in its sole discretion considers that the Code Member is required to be re-audited the fee for the audit shall be paid by the Code Member.
26. Sharing of information
    The Executive may if it considers it necessary, in relation to a complaint, share details of a Code Member or Consumer with the MCS licensee or MCS certification bodies, or with the relevant Trading Standards Department, having first obtained the Consumer's written permission to do so. The Code Member hereby gives such consent to the Executive  to share information relating to a complaint with the MCS licensee or certification body or Trading Standards Department.
27. Further hearing
    The Non-Compliance Panel may, in its sole discretion, call a further hearing at the end of the Probation Period to assess whether it is satisfied that the Conditions have been fulfilled.

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6. Breach during Probationary Period

1. If the Executive has reasonable grounds to suspect that a Code Member has committed a breach of the Code or a breach of the Conditions, during the Probationary Period, the procedures set out in Clause 5 shall apply save as amended in this clause.
2. Clause 5.6 shall be read as follows:
   On receipt of comments from the Code Member, or on the expiry of the timeframe for the receipt of those comments, whichever is the sooner, the Executive shall in its sole discretion, decide whether to refer the matter for consideration by the Non-Compliance Panel.  The matter will be referred to the Non-Compliance Panel if the Executive is not satisfied by the response it has received and continues to have reasonable grounds to suspect that there has been a material or persistent breach of the Code or a breach of the Conditions. 
3. Clause 5.8 shall be amended by deleting “28 Days” and replacing it with “7 Days”.
4. Clause 5.11 shall be read as follows:
   A disciplinary hearing shall be called by the Non-Compliance Panel in respect of any conduct that is alleged or suspected to give rise to a breach of the Code and/or a breach of the Conditions.
5. Clause 5.12 shall be amended by deleting “21 Days” and replacing it with “7 Days”.
6. Clause 5.15 shall be amended on the first sentence by deleting “14 Days” and replacing it with “5 Days” and on the second sentence by deleting “7 Days” and replacing it with “3 Days”.
7. Clause 5.18 shall be amended by deleting “7 Days” and replacing it with “5 Days”.
8. Clause 5.19 shall be read as follows:
   If a breach of the Code or a breach of the Conditions is found, the Non-Compliance Panel may terminate the Code Member’s membership of the Code and must issue a notice setting out:
1. the provision(s) of the Code that the Code Member has breached; or
2. the Conditions that were breached; and
3. its factual findings which led it to conclude that such breach had occurred in sufficient detail to enable the Code Member and the Executive to understand the basis for the findings.
9. Clauses 5.20 to 5.23 shall not apply in relation to a disciplinary process under this Clause 6.

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7. Termination of Code Membership

1. On receipt of notice pursuant to Clause 4.5.13, 5.23 or Clause 6.9 above that the Non-Compliance Panel has exercised its discretion and decided that the Code Member’s membership of the Code should be terminated, the Code Member will immediately cease to:
1. describe itself as being a Code Member of the Code;
2. use the Logo; or
3. hold itself out as a Code Member, or as being in any way connected with the Code.
2. If the relevant Code Member does not lodge an appeal in accordance with Clause 8.5, within 14 Days of the Non-Compliance Panel publishing its decision pursuant to Clause 5.22, the Code Member’s membership of the Code will be deemed to have terminated at the end of that 14 Day period.
3. No act or omission of the Executive will constitute a waiver of the Non-Compliance Panel’s rights to investigate any alleged breach of the Code and activate the disciplinary procedures set out in this clause.
4. Termination of a Code Member’s membership of the Code is without prejudice to the obligations of the Code Member that have accrued prior to that termination occurring.
5. Notwithstanding termination of a Code Member’s membership of the Code, these Bye-Laws shall remain in force to the extent required to allow the Executive to enforce any outstanding obligations of the Code Member.

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8. Appeals Procedure

1. A Code Member may appeal to the Appeals Panel within 14 Days of the Non-Compliance Panel publishing its decision if the Code Member is dissatisfied with the decision of the Non-Compliance Panel.
2. No appeal can be made until the Non-Compliance Panel has decided whether the Code has been breached and the Conditions, if any, that must be satisfied by the Code Member.
3. An appeal will only be allowed if it is found by the Appeals Panel on balance of probabilities that the Non-Compliance Panel’s decision or part thereof was irrational, based on a fundamental error of fact or on a clear misinterpretation of the Code or these Bye-Laws, or a serious procedural irregularity or if the penalty/remedial steps or Conditions imposed are not in reasonable proportion to the findings made by the Non-Compliance Panel. 
4. Within 14 Days of receipt of the formal notification terminating its membership of the Code, a Code Member wishing to make an appeal will issue a written notice to the Appeals Panel care of the Executive at the registered office of , together with the fee of £500. The fee shall be refunded if the appeal is upheld. No documentation submitted after this 14 day period has expired, will be considered.
5. The notice should include:
1. a statement setting out the grounds for the Code Member’s appeal; and
2. all documentation the Code Member relies on in support of its appeal.
6. Within 7 Days, the Executive will:
1. acknowledge receipt of the Appeal Notice and will write to the Code Member detailing the date and time when the Appeals Panel will convene to consider the appeal; and
2. submit the Code Member’s appeal notice and documentation in support (if any) to the Appeals Panel.
7. The quorum for the meeting of the Appeals Panel will be 3. The Appeals Panel shall consist of at least 3 Appeals Panel Members who did not form part of the Non-Compliance Panel which made the original decision.
8. At the appeal meeting, the Appeals Panel shall, in its discretion, consider whether to receive verbal representations from the Code Member.  The Executive will have the opportunity to explain the evidence that was put before the Non-Compliance Panel prior to its decision being made.
9. Following the Code Member’s submissions and the Executive’s response (if any), the Appeals Panel will consider its position in private.
10. The Appeals Panel will take its decision on the basis of any reasonable grounds and specifically some or all of the following, depending upon the Code Member’s reasons for disputing the decision and the evidence it provides:
1. conduct of the Code Member;
2. substantive issues such as whether the Code Member had a proper investigation of the complaints made against it; and
3. proportionality, i.e. whether the sanction applied was proportionate to the breach.
11. The Appeals Panel’s decision will be reached on the balance of probabilities.
12. A person independent of the Executive and the Code Member will take minutes of the appeal meeting and may in its discretion record the proceedings.  The Code Member consents to such a recording being made, will notify its employees of that consent and obtain their consent to the extent required by law.
13. The Appeals Panel may, following the appeal meeting, exercise its discretion in accordance with these Bye-laws to:
1. uphold the Code Member’s appeal; or
2. uphold the Code Member’s appeal subject to fulfilment of conditions to be stipulated by the Appeals Panel in its sole discretion; or
3. dismiss the Code Member’s appeal and uphold the decision of the Non-Compliance Panel.
14. Within 7 Days of the appeal meeting, the Appeals Panel will issue a notice to the Code Member advising the Code Member of its decision and the reasons for its decision.
15. The Appeals Panel may at its discretion but only in exceptional circumstances amend the time periods relating to an appeal pursuant to this Clause 8 provided that the Executive gives the relevant Code Member reasonable notice in advance of any such changes.
16. There is no further right of appeal from the decision of the Appeals Panel which shall be final and binding. The Appeals Panel does not have the power to make and shall not make any award of damages or compensation to either party in the Appeal.

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9. Limitation of Liability

1. While the Administrative Bodies will at all times endeavour to administer and implement the Code in a fair and equitable manner, ’s  obligations will be limited to those duties set out in these Bye-Laws. Except as expressly set out in these Bye-Laws, neither nor the Administrative Bodies will have any other obligation, duty or liability whatsoever in contract, tort or otherwise. Neither nor the Administrative Bodies will be liable to Code Members in contract, tort or otherwise for any direct loss or loss of revenue, business, contracts, anticipated savings, profits or any other indirect or consequential loss however arising.
2. Neither nor the Administrative Bodies will be liable in contract, tort or otherwise as a result of any act or omission of any Code Member, causing loss or damage to any other Code Member or a third party. Code Members will indemnify , the Administrative Bodies and the Association against any claims in contract, tort or otherwise made against any Code Member.

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10. The Supervisory Panel

1. The Supervisory Panel shall comprise between 12 and 20 Supervisory Panel Members. They may comprise representatives of: the Association, the small-scale renewables sector and related sectors and trade associations and consumer and environmental protection organisations. At least 2 Supervisory Panel Members in addition to the Chair will be Independent Panel Members.
2. Supervisory Panel Members will be appointed for an initial period of three years, after which they are eligible for reappointment by the Executive for a further three year period. 
3. Supervisory Panel Members will serve in good faith in accordance with these Bye-Laws and shall put aside their own interests to work together for the benefit of consumer protection in the small-scale renewable and low-carbon energy sector. REAL will not hold any Supervisory Panel Member individually liable in respect of their services for REAL. The Executive may exercise its discretion to remove a Supervisory Panel Member if it considers that the Supervisory Panel Member has failed to discharge its responsibilities pursuant to Clause 10.3.
4. Where a Supervisory Panel Member retires or is removed by the Executive, the Executive shall exercise its discretion to select a Supervisory Panel Member.  
5. Any Supervisory Panel Member may opt to serve as Supervisory Panel Observer, where they consider it would be inappropriate to be a voting member. All  Government officials who attend Supervisory Panel Meetings will be ex officio Supervisory Panel Observers.
6. The Supervisory Panel shall be chaired by an Independent Supervisory Panel Member.
7. The Executive will maintain a list of Supervisory Panel Members and Supervisory Panel Observers.
8. The Executive shall publish details of all Supervisory Panel Members and  Supervisory Panel Observers on the Website.
9. Supervisory Panel Members shall have the benefit of clause 9 (Limitation of Liability) and clause 10.2 (indemnity from REAL) notwithstanding that the Supervisory Panel Members are not a party to these Bye-laws.

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11. Supervisory Panel Meetings

1. The Supervisory Panel shall meet at least twice each year  to:
1. adopt, maintain and update the documentation relating to the administration of the Code;
2. monitor the performance of Members of the Code using the methods set out in the Code and these Bye-Laws;
3. approve any revisions to the Code, and comment on any proposed revisions of these Bye-Laws;
4. establish such Expert Groups as it considers necessary to advise it in carrying out its responsibilities hereunder; and
5. review any reports presented to it by the Executive.
2. A Supervisory Panel meeting shall be properly convened only if 14 Days’ advance notice of the meeting has been served on all Supervisory Panel Members.
3. A Supervisory Panel meeting shall be quorate where 5 Supervisory Panel Members are present.
4. The Executive shall take minutes of proceedings at each Supervisory Panel meeting.
5. Where a Supervisory Panel Member is unable to attend a meeting, he or she may nominate an alternate to attend on his/her behalf providing that the alternate is made aware of and abides by the principles of service of Supervisory Panel Members.
6. The Supervisory Panel shall decide any matters requiring its approval by consensus or a simple majority of those present and voting at a properly convened and quorate meeting.
7. The Executive shall make available on the Website the minutes of the proceedings once these have been confirmed as accurate by Supervisory Panel Members.

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12. Other Panels

1. The Executive shall use its discretion to appoint  the following Panels:
1. the Non-Compliance Panel;  
2.  the Appeals Panel; and
3. the Applications Panel.
2. The Non-Compliance Panel
1. The Non-Compliance Panel shall be convened in respect of the Code only.
2. The Non-Compliance Panel shall comprise at least 3 Panel Members, the majority of whom, including the Chair, shall be Independent Panel Members.  They may be Supervisory Panel Members. They shall:
1. investigate a Code Member’s performance where a Code Member is suspected of failing to comply with the Code;
2. decide whether a Code Member has committed a breach of the Code; and
3. if a Code Member is held to have committed a breach of the Code, implement the disciplinary procedures as set out in Clauses 5 and 6 of these Bye-Laws.
3. The Appeals Panel
1. The Appeals Panel shall comprise at least 3 Panel Members the majority of whom, including the Chair, shall be Independent Panel Members. They may also be Supervisory Panel Members. No Panel Member shall have served as a member of the Non-Compliance Panel in relation to the matter under consideration.
2. The Appeals Panel shall determine all appeals in accordance with the appeals procedure set out in Clause 8 of these Bye-Laws.
4. The Applications Panel
1. The Applications Panel shall comprise at least 3 Panel Members. The majority including the Chair shall be Independent Panel Members. They may also be Supervisory Panel Members.
2. The Panel Members shall decide whether an applicant should be admitted to the Code on the basis of evidence placed before it.
5. will indemnify Panel Members in respect of their services for .
6. Panel Members shall have the benefit of clause 9 (Limitation of Liability) notwithstanding that Panel Members are not a party to the these Bye-laws.

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13. The Executive

1. The Executive shall carry out all tasks required for the day-to-day administration of the Code, as set out in these Bye-Laws, Trading Standards Institute’s CCAS  core criteria and other relevant documents.
2. The Executive shall prepare annually a report on the performance of the Code and, in particular, the adherence of Code Members to the Code in such form as Trading Standards Institute   may reasonably require and shall submit this report to the Supervisory Panel for approval after which it shall be published as directed.
3. The Executive shall further report regularly to the REAL Directors and the Supervisory Panel as they reasonably require.

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14. Complaints

1. Where the Executive is notified by a Consumer by whatever means of a complaint against a Code Member, the Executive will act in accordance with the Complaints Procedure.
2. The Executive will ensure that the Code Member has been given the opportunity to resolve the complaint before invoking the Complaints Procedure.
3. Code Members will co-operate fully with the Executive and will take all reasonable steps to resolve all complaints speedily and effectively in line with the procedure set out in the Code.
4. Where there are a high number of complaints registered against a Code Member within a short period of time, the Executive shall have the option to charge the Code Member for the time spent working to resolve the complaints, and to list the number of complaints registered against the Code Member on the Website.
5. The Executive will inform the Consumer and the Code Member at regular intervals of the progress being made with resolving the complaint, and will inform both parties of the outcome when a complaint has been closed.
6. The Code administrator may, in certain circumstances, share details of a member with the MCS licensee or certification bodies, or with the relevant Trading Standards Department in line with the Complaints Procedure.

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15. Conciliation Service

1. If a Consumer requests that an unresolved complaint be passed to the conciliation service the Code Member shall participate in the process and to co-operate with the conciliator. The details of the conciliation service are set out in the Code and on the Website and may be amended by the Executive at its discretion from time to time with the agreement of the Supervisory Panel and Trading Standards Institute.

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16. Independent Arbitration Service

1. If a Consumer requests that an unresolved complaint be passed to the independent arbitration service the Code Member shall participate in the process and co-operate with the arbitrator. The arbitration shall be carried out in accordance with the terms of the REAL Arbitration Service 2012 Edition as set out in the Code and on the Website and may be amended by the Executive at its discretion from time to time with the agreement of the Supervisory Panel and Trading Standards Institute.

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Annex A

Renewable Energy Consumer Code Logo

 

03.04.2013