Energy Act 2023

Part 4 Code governance

Designated documents

22 (1) In this Part, “designated document” means a document that—

(a) is maintained in accordance with the conditions of a code manager licence, and

(b) is designated for the purposes of this Part by or in accordance with the regulations.

(2) The regulations may—

(a) designate or provide for the designation of different documents for different purposes;

(b) provide for the time from which a designation has effect;

(c) provide for the modification of a designated document and its reissuing in its modified form;

(d) revoke or provide for the revocation of a designated document;

(e) provide for a designated document otherwise ceasing to be a designated document.

(3) The regulations may provide for a document that is designated to make provision by reference to material (including standards, specifications or requirements) contained in other documents that are published from time to time.

(4) The regulations may, in particular, make provision about the cases in which the designated document may be modified by the Regulator.

Prohibition on performing the function of a code manager

23 (1) The regulations may, in relation to England and Wales and Scotland, prohibit a person from performing the function of code manager in relation to a designated document, except as permitted by virtue of a code manager licence (see paragraph 25).

(2) A reference in this Part to a person performing the function of code manager in relation to a designated document is a reference to a person making arrangements, with persons to whom sub-paragraph (3) applies, under which the person is responsible for the governance of the designated document.

(3) This sub-paragraph applies to the person who holds a heat network authorisation where a condition of the authorisation requires the person to comply with the designated document in question.

Licensed code managers

24 (1) The regulations may, in relation to England and Wales and Scotland, make provision about selecting a person to be a code manager in relation to a designated document.

(2) Regulations made by virtue of sub-paragraph (1) may, in particular, make provision about the procedure for selecting a person, including provision for determining which procedure to apply in a particular case.

(3) Regulations made by virtue of sub-paragraph (2) may include provision for the payment of a fee by a person seeking to be selected to be a code manager.

(4) Regulations made by virtue of sub-paragraph (2) may provide for the Regulator to make provision by regulations about those matters.

(5) Regulations made by the Regulator by virtue of sub-paragraph (4) are to be made by statutory instrument.

25 (1) The regulations may, in relation to England and Wales and Scotland, provide for the Regulator, where a person is selected to be the code manager in relation to a designated document, to issue a licence (a “code manager licence”) to the person which authorises the person to perform the function of code manager in relation to the designated document.

(2) The regulations may make provision as to the period for which a licence may be in force.

(3) In this Part, references to the licensed code manager, in relation to a designated document, are references to the person who is authorised by a code manager licence to perform the function of code manager in relation to the designated document.

26 (1) The regulations may make provision about the contents of a code manager licence.

(2) Regulations made by virtue of sub-paragraph (1) may, in particular—

(a) provide for the Regulator to determine and publish conditions to be included in each code manager licence or in each code manager licence of a particular description;

(b) provide for the Secretary of State to determine and publish conditions to be included in each code manager licence or in each code manager licence of a particular description;

(c) provide for consultation on, and publication of, the conditions proposed to be so determined;

(d) make provision about the inclusion in a code manager licence of conditions that are special to that licence;

(e) make provision about including conditions that meet objectives or other criteria specified in the regulations.

(3) Regulations made by virtue of sub-paragraph (1) may, in particular, provide for the following sorts of conditions to be included in a code manager licence—

(a) conditions about the nature of the governance arrangements that the licensed code manager may enter into with persons who hold a heat network authorisation (see paragraph 14(3)(b));

(b) conditions about the content of those governance arrangements, which may include provision about the licensed code manager—

(i) modifying the designated document,

(ii) monitoring or enforcing compliance with the provisions of the designated document, or

(iii) developing guidance relating to the designated document;

(c) conditions about functions of the Regulator in connection with the modification of a designated document;

(d) conditions about providing information to the Regulator;

(e) conditions about complying with directions of the Regulator as to matters specified or of a description specified in the code manager licence;

(f) conditions about the payment of fees to the Regulator, including conditions about the payment of fees—

(i) when a code manager licence is first issued;

(ii) while a code manager licence continues to be in force in relation to a person.

(4) The regulations may, in particular, provide for conditions to be included in a code manager licence that—

(a) in relation to England and Wales or Scotland, impose on the person who holds the licence a requirement of a kind that may be imposed under section 7(3) of the Electricity Act 1989 on the holder of a licence under section 6(1) of that Act;

(b) in relation to Northern Ireland, impose on the person who holds the licence a requirement of a kind that may be imposed under Article 11(3) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) on the holder of a licence under Article 10(1) of that Order.

27 The regulations may provide for the Regulator to make payments to licensed code managers in respect of their costs.

28 (1) The regulations may provide for the modification by the Regulator of—

(a) the conditions of a particular code manager licence;

(b) conditions that are included in two or more code manager licences.

(2) Regulations made by virtue of sub-paragraph (1) may, in particular—

(a) provide for the procedure to be followed by the Regulator when it proposes to make a modification;

(b) provide for the communication of any modification;

(c) provide for the time when any modification takes effect;

(d) provide for the Regulator to comply with a direction of the Secretary of State not to make a particular modification.

(3) In sub-paragraphs (1) and (2), a reference to the modification of a condition includes a reference to the revocation of a condition.

(4) The regulations may provide for the conditions of a code manager licence—

(a) to have effect or cease to have effect at such times and in such circumstances as may be determined by or under the conditions;

(b) to be modified in such manner as may be specified in the conditions at such times and in such circumstances as may be so determined.

Review and revocation of code manager licences

29 The regulations may provide for a code manager licence, or the activities carried out by virtue of a code manager licence, to be reviewed by the Regulator at any time while it is in force.

30 (1) The regulations may provide—

(a) for the revocation of a code manager licence by the Regulator;

(b) for a code manager licence to cease to have effect in circumstances specified in or determined under the licence.

(2) Regulations made by virtue of sub-paragraph (1)(a) may provide for the procedure to be followed by the Regulator when it proposes to revoke the licence.