Circumstances for Refusing Membership

Circumstances for refusing membership of the Renewable Energy Consumer Code

Circumstances where membership might be refused include (but are not limited to) the matters set out in the Bye-Laws and any one or more of the following:

  • In the Circumstances for Refusing Code Membership, "individuals closely associated" with the Applicant include its directors, partners, shareholders, senior staff (regardless of job title), any other individuals closely associated with it and close family members. Where the Applicant is a sole trader, this includes the Applicant itself. Whether a person is an "individual closely associated" with the Applicant is to be judged from the point of view of a reasonable third party.
  • The Circumstances for Refusing Code Membership include where:
    1. the Applicant is not in the process of becoming MCS certified at the date the application is made; and has not provided the Executive with an explanation satisfactory to the Executive;
    2. the Applicant at the date the application is made owes any monies to REAL incurred during a previous period of Code Membership;
    3. the Applicant (where a sole trader) or its directors (where a company) or partners (where a partnership) have failed to provide photographic evidence to confirm their identity where requested to do so by the Executive;
    4. in the past five years, the Applicant, or individual(s) closely associated with it, have been involved with any business that has:
      1. been the subject of the appointment of a receiver, liquidator, administrator, resolution for winding up, an arrangement with creditors or become insolvent or been dissolved;
      2. had a complaint upheld against it, in part or in full, by the Advertising Standards Authority
      3. previously been a Code Member and has had its Code Membership terminated;
      4. previously applied for and been refused Code Membership;
      and the Applicant has not provided the Executive with an explanation satisfactory to the Executive;
    5. there are Court judgment(s) against the Applicant, individual(s) closely associated with it, or any business with which they have been involved, and the Applicant has not provided the Executive with an explanation satisfactory to the Executive;
    6. the Applicant or individual(s) closely associated with it:
      1. has previously been disqualified from acting as a company director; and/or
      2. has been required to give undertakings under the Enterprise Act 2002 with reference to the Applicant or another business, whether or not in a related sector; and/or
      3. is not a fit and proper person to be granted Code Membership, judged from the point of view of a reasonable third party with knowledge of Code Members' obligations under the Code and Bye-Laws; and, in each case, the Applicant has not provided the Executive with an explanation satisfactory to the Executive;
      and, in each case, the Applicant has not provided the Executive with an explanation satisfactory to the Executive;
    7. Consumers or potential consumers have in the past been (or are currently being) adversely affected by an Applicant or individual(s) closely associated with an Applicant, or any business with which they have been involved;
    8. false or misleading Declarations or statements are found to have been given on the Application Form or in correspondence with the Executive;
    9. there is reasonable evidence to suggest that admission of the Applicant would be likely to bring the Code into disrepute;
    10. there is evidence that an Applicant is not compliant, and is not in a position to be compliant, with the key elements of the Code set out in the Compliance Check part of the Application Form.

Please be aware that providing any false or misleading information in any part of this application process is a disciplinary matter which is likely to result in your application being rejected or immediate expulsion from the Scheme. Please do not ask a junior member of staff to complete the application on your behalf.