Energy Act 2023

Identification, designation and review of zones

229 Identification, designation and review of zones

(1) Zones regulations may make provision for, or in connection with—

(a) the identification by the Authority and zone coordinators of areas which are appropriate for the construction and operation of one or more district heat networks,

(b) the designation of those areas as heat network zones by zone coordinators or the Authority, and

(c) the review by zone coordinators, or the Authority, of the designation of areas as heat network zones.

(2) Regulations made by virtue of subsection (1)(a) must require the identification of areas to be carried out in accordance with the zoning methodology established under section 230.

(3) Regulations made by virtue of subsection (1)(b) may—

(a) make provision about the variation or revocation of designations by zone coordinators or the Authority;

(b) make provision about procedure;

(c) make provision about the publication of designations (and the variation or revocation of designations);

(d) require zone coordinators to notify the Authority of designations (and the variation or revocation of designations);

(e) make provision for, or in connection with, the maintenance by the Authority of a register of areas designated as heat network zones.

(4) Regulations made by virtue of subsection (3)(a) may, in particular—

(a) specify the circumstances in which a zone coordinator or the Authority may vary or revoke a designation;

(b) specify the factors a zone coordinator or the Authority may or must take into consideration in determining whether to vary or revoke a designation;

(c) impose on zone coordinators or the Authority requirements as to consultation.

(5) Regulations made by virtue of subsection (1)(c) may—

(a) make provision about the circumstances in which reviews must be carried out and the frequency of reviews;

(b) set out the criteria against which the designation of areas as heat network zones is to be reviewed;

(c) impose on zone coordinators or the Authority requirements as to consultation;

(d) make provision requiring reports of reviews to be published.

230 Zoning methodology

(1) Zones regulations may make provision for a methodology (to be known as “the zoning methodology”) for the Authority and zone coordinators to identify areas which are appropriate for the construction and operation of one or more district heat networks.

(2) Regulations made by virtue of subsection (1) may include in the zoning methodology—

(a) the criteria for determining whether an area is appropriate;

(b) the roles of the Authority and zone coordinators;

(c) requirements as to consultation;

(d) provision about how the identification of areas is to be recorded, including provision about the use of maps;

(e) requirements as to publication of areas which have been identified.

(3) Zones regulations may make provision for the Authority to issue guidance in relation to the zoning methodology.

(4) Zones regulations may make provision about the Secretary of State carrying out reviews of the zoning methodology.

(5) Regulations made by virtue of subsection (4) may—

(a) make provision about the circumstances in which reviews must be carried out and the frequency of reviews;

(b) set out the criteria against which the zoning methodology is to be reviewed;

(c) impose on the Secretary of State requirements as to consultation;

(d) make provision for the Authority or zone coordinators to consult persons on behalf of the Secretary of State;

(e) make provision requiring reports of reviews to be published.

231 Requests for information in connection with section 229 or 230

(1) Zones regulations may make provision about the Authority and zone coordinators requesting information in connection with their functions under regulations made by virtue of section 229 or 230.

(2) Regulations made by virtue of subsection (1) may provide for—

(a) the Authority or a zone coordinator to request information by notice from a person of a description specified in the regulations;

(b) the requested information to be provided within the period, and in the form and manner, specified in the notice;

(c) the Authority or zone coordinator to impose a penalty on a person for not complying with the notice;

(d) the disclosing of information requested by the zone coordinator not to breach any obligation of confidence owed by the person making the disclosure or any other restriction on the disclosure of information (however imposed);

(e) a request for information not to require a disclosure of information if disclosure would contravene the data protection legislation (but for a requirement imposed by virtue of regulations made by virtue of subsection (1) to be taken into account in determining whether a disclosure would do so);

(f) zone coordinators to delegate functions conferred on them by regulations made by virtue of subsection (1) to a description of person, and in the circumstances and subject to the conditions, specified by the regulations.