Energy Act 2023

241 Enforcement E+W+S

(1) Provision for the enforcement of energy smart regulations may, in particular, include provision of a kind described in this section, section 242 or section 243.

(2) Energy smart regulations may include provision to ensure compliance with any prohibition or requirement imposed by or under the regulations, including provision—

(a) designating authorities to carry out enforcement (referred to in this Chapter as “enforcement authorities”);

(b) requiring persons to—

(i) maintain information;

(ii) monitor compliance and report non-compliance;

(iii) take specified steps to remedy non-compliance;

(c) requiring persons to supply evidence of their compliance to enforcement authorities;

(d) conferring powers of entry, including by reasonable force;

(e) conferring powers of inspection, search and seizure;

(f) conferring powers to require the production of information or things held at, or electronically accessible from, entered premises;

(g) conferring powers to enable the testing of energy smart appliances by enforcement authorities, including powers to require the provision of sample appliances and powers to make test purchases;

(h) conferring functions, including functions involving the exercise of a discretion.

(3) Regulations conferring powers described in subsection (2)(d), (e) or (f) must provide that persons exercising those powers are to produce evidence of their authority if required to do so.

(4) The regulations may not allow entry to premises by reasonable force without a warrant issued by a justice of the peace or, in Scotland, a sheriff or summary sheriff.

(5) Energy smart regulations may allow enforcement authorities to impose requirements by written notice on persons to—

(a) produce information or things;

(b) make appliances compliant with energy smart regulations;

(c) stop or limit—

(i) the placing on the market of, or other activities in connection with, appliances,

(ii) the providing of load control to appliances, or

(iii) the modification of appliances,

for the purpose of preventing or mitigating non-compliance with energy smart regulations;

(d) recall appliances to prevent, or in response to, non-compliance with energy smart regulations.

(6) Regulations that allow an enforcement authority to impose requirements may also provide for—

(a) the authority to apply to a court or tribunal in connection with a failure to comply with a requirement, and

(b) the court or tribunal, if satisfied that such a failure has occurred, to make an order for the purpose of securing compliance with the requirement.

(7) Such an order may require a person to take, or refrain from taking, steps specified in the order (including at, by or until specified times).

(8) Energy smart regulations may make provision to enable an enforcement authority to accept an enforcement undertaking from a person where the authority has reasonable grounds to suspect that the person has failed to comply with any prohibition or requirement imposed by or under the regulations.

(9) An “enforcement undertaking” is an undertaking to take such action to secure compliance with the regulations as may be specified in the undertaking within such period as may be so specified.

(10) Provision made by virtue of subsection (8) must include provision that unless the person from whom the undertaking was accepted has failed to comply with the undertaking or any part of it—

(a) that person may not at any time be convicted of an offence in respect of the act or omission to which the undertaking relates, and

(b) the enforcement authority may not impose on that person any penalty which it would otherwise have power to impose under the regulations in respect of that act or omission.

(11) Provision made by virtue of subsection (8) may include any provision of a kind mentioned in section 50(5) of the Regulatory Enforcement and Sanctions Act 2008.

(12) The Secretary of State may make payments or provide other resources to, or in respect of, enforcement authorities in connection with the exercise of functions under energy smart regulations.

(13) Energy smart regulations may provide for an enforcement authority to issue guidance about the enforcement of the regulations and the exercise by the authority of its functions under the regulations.

Commencement Information

I1 S. 241 not in force at Royal Assent, see s. 334(1)

I2 S. 241 in force at 11.1.2024 by S.I. 2024/32, reg. 2(b)(ii)