Energy Act 2023

49 (1) The regulations may make provision about the objectives of a heat network administration order and the means by which the objectives may be secured. U.K.

(2) The regulations may, in particular, require the heat network administrator to exercise functions so as to achieve the objectives set out in sub-paragraph (3) so far as possible.

(3) The objectives referred to in sub-paragraph (2) are—

(a) to secure that the supply of heating, cooling or hot water is continued at the lowest cost which it is reasonably practicable to incur,

(b) to secure that the company’s relevant heat network is and continues to be maintained and developed as an efficient and economical system, and

(c) to secure that it becomes unnecessary, by using such means as are allowed by the regulations, for the heat network administration order to remain in force.

(4) The regulations may make provision about the means that may be used, including—

(a) the rescue as a going concern of the company subject to the heat network administration order;

(b) a transfer as a going concern of so much of the undertaking of the company subject to the heat network administration order as is associated with the company’s relevant heat network.

(5) Regulations made by virtue of sub-paragraph (4) may also provide for the heat network administrator to make arrangements for securing that heat network consumers who are supplied with heating, cooling or hot water by the company’s relevant heat network have an alternative supply of heating, cooling or hot water (as the case may be).

(6) The regulations may make provision about—

(a) the means by which a transfer falling within sub-paragraph (4)(b) may be effected;

(b) the circumstances in which the objectives set out in sub-paragraph (3) may or may not be achieved by means of such a transfer.

(7) In this paragraph, “the company’s relevant heat network”, in relation to a company that is the holder of a heat network authorisation, means the relevant heat network to which the authorisation relates.

Commencement Information

I1 Sch. 18 para. 49 in force at Royal Assent, see s. 334(2)(l)