The Clean Heat Market Mechanism Regulations 2025

Part 7 Monitoring compliance

Authorised persons

31.  The administrator may authorise a person to exercise, on behalf of the administrator and in accordance with the terms of the authorisation, the administrator’s powers in this Part.

Information notices

32.—(1) The administrator or an authorised person may, by giving a notice (an “information notice”) to a person, require the person to provide information for purposes connected with the exercise of functions under these Regulations.

(2) The information notice must set out—

(a) the information to be provided;

(b) the form in which the information must be provided;

(c) the period within which or the time by which the information must be provided;

(d) the place where the information must be provided.

(3) The information that a person may be required to provide includes information that, although it is not in the person's possession or it would not otherwise come into the person's possession, is information that it is reasonable to require the person to obtain or compile for a purpose connected with the exercise of functions under these Regulations.

Powers of entry, etc

33.—(1) The administrator or an authorised person may—

(a) enter any premises with a warrant issued in accordance with regulation 34, together with any equipment or material as may be required;

(b) when entering premises by virtue of sub-paragraph (a) be accompanied by such persons as appear to the administrator or authorised person to be necessary;

(c) require any person believed to be able to give information relevant to a suspected failure to comply with the requirements of these Regulations—

(i) to answer (in the absence of anyone, other than someone nominated by that person to be present and anyone whom the administrator or authorised person may allow to be present) such questions as the administrator or authorised person thinks fit to ask; and

(ii) to sign a declaration of truth of the answers given by that person;

(d) require the production of—

(i) records required to be kept under these Regulations;

(ii) other records which the administrator or authorised person considers it necessary to see for the purpose of investigating a suspected failure to comply with these Regulations;

(iii) entries in a record referred to in this sub-paragraph;

(e) inspect and seize the records and entries referred to in sub-paragraph (d).

(2) The powers in paragraph (1) may only be exercised where the administrator or an authorised person reasonably believes there has been a failure to comply with the requirements of these Regulations.

Warrants

34.—(1) A judge may issue a warrant in relation to any premises for the purpose of regulation 33(1)(a) where satisfied that—

(a) there are reasonable grounds for the exercise of the power in that sub-paragraph; and

(b) one or more of the conditions in paragraph (2) are fulfilled in relation to the premises.

(2) The conditions referred to in paragraph (1)(b) are that—

(a) the exercise of the power by consent in relation to the premises has been refused;

(b) a refusal of consent to the exercise of the power is reasonably expected;

(c) the premises are unoccupied;

(d) the occupier is temporarily absent from the premises and the case is one of urgency; or

(e) a request for admission to the premises would defeat the purpose of the entry.

(3) A warrant in accordance with this regulation continues to have effect until the purpose for which it was issued has been fulfilled.

(4) In this regulation, “judge” means—

(a) in England or Wales, a justice of the peace;

(b) in Northern Ireland, a lay magistrate;

(c) in Scotland, a sheriff, summary sheriff or justice of the peace.

(5) In Scotland, the matters in paragraph (1)(a) and (b) must be shown to the satisfaction of the judge on sworn information in writing.

Admissible evidence

35.—(1) Subject to paragraph (2), an answer given by a person in compliance with regulation 33(1)(c)(i) is admissible in evidence—

(a) in England, Wales and Northern Ireland, against that person in any proceedings;

(b) in Scotland, against that person in criminal proceedings.

(2) In criminal proceedings in which the person referred to in paragraph (1) is charged with an offence, no evidence relating to the person's answer may be adduced and no question relating to it may be asked by, or on behalf of, the prosecution unless evidence relating to it has been adduced by, or on behalf of, the person.

(3) Paragraph (2) does not apply to an offence under—

(a) section 5 of the Perjury Act 1911(1);

(b) section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995(2); or

(c) article 10 of the Perjury (Northern Ireland) Order 1979(3).

Legal professional privilege etc.

36.  Nothing in this Part requires any person to produce a document or information in respect of which a claim could be maintained in legal proceedings—

(a) in England and Wales or Northern Ireland, to legal professional privilege; or

(b) in Scotland, to confidentiality of communications.

(1)

1911 c. 6. Section 5 was amended by the Criminal Justice Act 1948 (c. 58), section 1(2).

(2)

1995 c. 39. Section 44(2) was amended by the Criminal Justice and Licensing (Scotland) Act 2010 (2010 asp 13), section 200(2)(b).

(3)

1979 No. 1714 (N.I. 19).