Energy Act 2023

Part 13 Miscellaneous and general

Consultation and cooperation

69 The regulations may—

(a) make provision about consultation and cooperation with such persons or descriptions of person as are specified in the regulations;

(b) make provision as to the purposes of such cooperation.

70 The regulations may require the Regulator to assist a public authority that carries out, in relation to Wales or Scotland, functions as regards limiting targeted greenhouse gases in relation to heat networks (including by providing information).

Objectives of the Secretary of State and the Department

71 (1) The regulations may make provision about the objectives of the Secretary of State and the Department in carrying out functions under the regulations.

(2) Regulations made by virtue of sub-paragraph (1) may, in particular, provide that the principal objective of the Secretary of State or the Department is to protect the interests of existing and future heat network consumers.

(3) The regulations may specify particular interests of existing and future heat network consumers that are to be protected.

Offences

72 (1) The regulations may provide for the creation of offences.

(2) The regulations may deal with matters relating to such offences, including the provision of defences and evidentiary matters.

73 (1) The regulations may provide for an offence created by virtue of regulations made under paragraph 72 to be triable—

(a) only summarily, or

(b) either summarily or on indictment.

(2) The regulations must provide for such an offence to be punishable on indictment with a fine.

(3) The regulations must provide for such an offence to be punishable on summary conviction in England and Wales with a fine.

(4) The regulations must provide for such an offence to be punishable on summary conviction in Scotland or Northern Ireland with a fine not exceeding an amount specified in the regulations.

Crown application

74 (1) The regulations may make provision about application to the Crown.

(2) The regulations may also, to the extent that they bind the Crown, restrict or modify the application of the regulations.

(3) Regulations made by virtue of sub-paragraph (2) may, in particular, provide that a power exercisable in relation to land in which there is a Crown or Duchy interest is subject to a requirement to obtain consent from a person specified in the regulations.

(4) In this paragraph, “Crown or Duchy interest” means—

(a) an interest belonging to His Majesty in right of the Crown or the Duchy of Lancaster, or to the Duchy of Cornwall;

(b) an interest which belongs to a government department or which is held in trust for His Majesty for the purposes of a government department;

(c) an interest which belongs to an office-holder in the Scottish Administration or which is held in trust for His Majesty for the purposes of the Scottish Administration by such an office-holder.

(5) This includes, in particular—

(a) an interest which belongs to His Majesty in right of His Majesty’s Government in Northern Ireland, and

(b) an interest which belongs to a Northern Ireland department or which is held in trust for His Majesty for the purposes of a Northern Ireland department.

(6) A reference in this paragraph to an office-holder in the Scottish Administration is to be construed in accordance with section 126(7) of the Scotland Act 1998.