Energy Act 2023

Rights that may be conferred

32 (1) The regulations must set out the rights relating to land that are capable of being conferred on a person by an installation and maintenance licence.

(2) Regulations made by virtue of sub-paragraph (1) setting out a right may include provision about the restrictions, exceptions or conditions subject to which the right may be exercised.

(3) The rights set out by regulations made by virtue of sub-paragraph (1) may include—

(a) a right to apply to the Secretary of State or, in relation to Northern Ireland, the Department for authority to make a compulsory acquisition of an easement or other right over land by the creation of a new right for the purpose of installing or maintaining works and apparatus relating to a heat network;

(b) a right—

(i) to install and keep works and apparatus relating to a heat network in, under or over a street,

(ii) to inspect, maintain, adjust, alter, repair, upgrade, operate or remove such works and apparatus, and

(iii) to carry out such other works as are required for or incidental to those works,

subject to such requirements as to notification, manner of working and compensation as may be specified in the regulations;

(c) a right—

(i) to install and keep works and apparatus relating to a heat network in, under or over transport land,

(ii) to inspect, maintain, alter, repair, replace and remove such works and apparatus,

(iii) to carry out any works on the transport land for or in connection with the exercise of a right described in sub-paragraph (i) or (ii), and

(iv) to enter the transport land to inspect, maintain, adjust, alter, repair, upgrade, operate or remove the works or apparatus,

subject to such requirements as to notification, compensation, arbitration and alteration of the works and apparatus as may be specified in the regulations;

(d) a right to undertake works of a specified description without being required to obtain planning permission.

(4) In this paragraph—

• “street” means a street in England, Wales or Northern Ireland and—

  (a)

  in relation to England and Wales, has the same meaning as in Part 3 of the New Roads and Street Works Act 1991;

  (b)

  in relation to Northern Ireland, has the same meaning as in the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19));

• “transport land” means land which is used wholly or mainly—

  (a)

  as a railway, tramway or waterway, or

  (b)

  in connection with a railway, tramway or waterway on the land.