Regulation 13 Meaning of regulated activity

(1)

Subject to paragraph (2), “regulated activity” means—

(a)

operating a relevant heat network;

(b)

supplying heating, cooling or hot water to heat network consumers by means of a relevant heat network.

(2)

But an activity described in paragraph (1) is not a regulated activity if—

(a)

the heat network only serves a single house in multiple occupation; or

(b)

where sub-paragraph (a) does not apply, the heat network—

(i)

only serves a single converted building as defined in section 254(8) of the Housing Act 2004^f1; and

(ii)

has no more than one source appliance and that appliance has a capacity of no more than 45 kilowatt thermal.

(3)

For the purposes of paragraphs (1) and (2), a person operates a relevant heat network if the person controls the transfer on that network of thermal energy for the purposes of supplying heating, cooling or hot water.

(4)

If applying paragraph (3) identifies more than one person as operating a relevant heat network—

(a)

where only one person is entitled to make decisions about modifying the network, that person is taken to operate it;

(b)

if different persons are entitled to make decisions about modifying different parts of the network, each is taken to operate it but only in respect of the relevant part.

(5)

In this regulation—

“house in multiple occupation” means a building or a part of a building within any of paragraphs (a) to (d) of subsection (1) of section 254 of the Housing Act 2004 (or that would be within any of those paragraphs if section 254 extended to Scotland);
“source appliance”, in relation to a relevant heat network, means an appliance the main purpose of which is to heat or cool the liquid or gas that is distributed in the network.

Annotations

Footnotes

f1: 2004 c. 34.