44M.— (1) The Agency may revoke a F124[renewable transport fuel] obligation certificate where—

(a) the F124[renewable transport fuel] obligation account holder has been convicted of an offence under section 44E, 44G or 44U,

(b) the F124[renewable transport fuel] obligation account holder to whom the certificate issued under section 44G has failed to comply with the condition specified in subsection (6) of that section,

(c) in the opinion of the Agency, the F124[renewable transport fuel] obligation certificate was obtained by fraud or misrepresentation,

F125[(ca) the F124[renewable transport fuel] obligation account holder fails to comply with Regulation 7(4) of the European Union (Biofuel Sustainability Criteria) Regulations 2012 (S.I. No. 33 of 2012),]

(d) in the opinion of the Agency, any information, particulars or documentation provided in respect of the application for, or transfer of, the F124[renewable transport fuel] obligation certificate was false or misleading in a material respect, or

(e) the F124[renewable transport fuel] obligation certificate was issued or transferred by virtue of an administrative error.

(2) Before revoking a F124[renewable transport fuel] obligation certificate under this section, the Agency shall give notice, in such form as the Agency determines, of its proposal to revoke the certificate and the reasons for the proposal to the F124[renewable transport fuel] obligation account holder to whom the certificate issued under section 44G and, as appropriate, where the certificate concerned was transferred under section 44K, to the account holder to whom the certificate was so transferred and to whose F124[renewable transport fuel] obligation account the certificate is credited on the date of the notice.

(3) The notice under subsection (2) shall state that representations in writing may be made to the Agency in relation to the proposal to revoke not later than 21 days after the date of the notice.

(4) If, after the expiration of 21 days from the date of the notice under subsection (2) and having considered any representations made to it under subsection (3), the Agency decides to revoke the F124[renewable transport fuel] obligation certificate it shall give notice, in such form as the Agency determines, of its decision and the reasons for the decision to the F124[renewable transport fuel] obligation account holder and, as appropriate, where the certificate concerned was transferred under section 44K, the account holder to whom the certificate was so transferred and to whose F124[renewable transport fuel] obligation account the certificate is credited on the date of the notice.

(5) A F124[renewable transport fuel] obligation account holder who receives a notice under subsection (4) may appeal to the District Court against the decision within a period of 21 days beginning on the date of such receipt.

(6) On the hearing of an appeal by the F124[renewable transport fuel] obligation account holder to whom the decision relates, the District Court may—

(a) make an order affirming or setting aside the decision of the Agency to revoke the F124[renewable transport fuel] obligation certificate,

(b) make an order remitting the decision of the Agency to revoke the F124[renewable transport fuel] obligation certificate, with or without directions, to the Agency for reconsideration by it and the making of a new decision, or

(c) make any other order that it considers just and equitable in the circumstances.

(7) Where no appeal is made under subsection (5), the decision of the Agency shall take effect after the end of the period specified in that subsection.

(8) Where an appeal is made under subsection (5), the decision of the Agency shall stand suspended until the appeal is determined or withdrawn.

(9) The decision of the Agency shall take effect for the purposes of subsection (7) or on the determination of the appeal by recording a debit of the F124[renewable transport fuel] obligation certificate in the F124[renewable transport fuel] obligation account to which the certificate is credited.]