Energy Act 2023

146 Further provision about scheme regulations

(1) Scheme regulations must provide for the making of determinations as to whether a scheme participant has met a low-carbon heat target imposed on the scheme participant.

(2) Scheme regulations may make provision for monitoring the operation of a low-carbon heat scheme, and may in particular make provision about—

(a) the keeping of records by scheme participants and others;

(b) the provision of information by scheme participants and others;

(c) the audit and verification of information provided by scheme participants and others.

(3) Scheme regulations may make provision—

(a) enabling scheme participants to pool or transfer low-carbon heat targets imposed on them;

(b) for the issuing of certificates representing activities or appliances to which a low-carbon heat target relates;

(c) enabling scheme participants to acquire certificates mentioned in paragraph (b) for the purpose of meeting a low-carbon heat target;

(d) about the keeping of records in relation to—

(i) the pooling or transfer of low-carbon heat targets;

(ii) the acquisition of certificates.

(4) Scheme regulations may make provision—

(a) requiring a scheme participant who fails to meet a low-carbon heat target to make a payment, before a specified deadline, of an amount specified by or determined in accordance with the regulations;

(b) for a payment mentioned in paragraph (a) to be made to the administrator (see section 147) or to such other person as the regulations may specify;

(c) for a person who fails to meet a low-carbon heat target to be subject to such consequences (instead of or in addition to a requirement mentioned in paragraph (a)) as may be specified;

(d) about how liability to make a payment, or to other consequences, is to be determined where low-carbon heat targets have been pooled or transferred by virtue of provision made under subsection (3)(a).

(5) In subsection (4), “specified” means specified in scheme regulations.