Energy Act 2023

233 Delivery of district heat networks within zones E+W

(1) Zones regulations may make provision about the delivery of district heat networks within heat network zones.

(2) Regulations made by virtue of subsection (1) may, in particular—

(a) make provision about zone coordinators deciding—

(i) what district heat networks may be constructed and operated within a heat network zone;

(ii) who will design, construct, operate and maintain district heat networks within heat network zones;

(b) make provision about zone coordinators designing, constructing, operating or maintaining district heat networks within heat network zones, or arranging for their design, construction, operation or maintenance;

(c) make provision about the giving of advice by the Authority to zone coordinators about the delivery of district heat networks within heat network zones.

(3) Regulations made by virtue of subsection (2)(a)(ii) may—

(a) make provision for the construction, operation or maintenance of district heat networks within heat network zones to be subject to the consent of zone coordinators;

(b) make provision for the grant by zone coordinators of an exclusive right to design, construct, operate or maintain district heat networks within heat network zones or parts of heat network zones.

(4) Regulations made by virtue of subsection (3)(b) may—

(a) make provision for the Authority to publish the standard conditions that zone coordinators must use when granting an exclusive right (and for the Authority to amend or replace the standard conditions);

(b) specify the circumstances in which zone coordinators may grant an exclusive right.

(5) Regulations made by virtue of subsection (2)(a) may—

(a) specify the manner and form of zone coordinators’ decisions under regulations made by virtue of subsection (2)(a);

(b) make provision for a zone coordinator to vary or revoke a decision;

(c) specify considerations a zone coordinator may or must take into account when making, varying or revoking a decision;

(d) make provision about procedure;

(e) make provision about the publication of a decision (or the variation or revocation of a decision);

(f) specify how, and on what grounds, a decision, or a variation or revocation of a decision, may be appealed;

(g) make provision for a zone coordinator to lose the power to decide the matters specified in subsection (2)(a)(i) and (ii), and instead for those matters to no longer be subject to the zone coordinator’s control, if the zone coordinator does not take steps specified by the regulations within a time specified by the regulations.

Commencement Information

I1 S. 233 in force at Royal Assent, see s. 334(2)(l)