Regulation 20 Scope of authorisation conditions

(1)

General authorisation conditions or specific authorisation conditions may include—

(a)

conditions whose object is to limit the number of persons authorised as operators of a single relevant heat network or, in relation to a relevant heat network which has more than one person authorised to operate it, to facilitate the exercise of the functions of—

(i)

the Regulator;

(ii)

Citizens Advice, Citizens Advice Scotland or Consumer Scotland; or

(iii)

the operator of a redress scheme for the purposes of section 47 of the Consumers, Estate Agents and Redress Act 2007 as applied by regulation 56(7) of these Regulations;

(b)

conditions about the terms on which premises are connected to a relevant heat network;

(c)

conditions requiring the operator of a relevant heat network to make an offer of connection to premises when asked to do so by the owner, occupier or a party acting on their behalf;

(d)

conditions about installing and maintaining equipment for measuring, displaying, recording and regulating consumption of heating, cooling and hot water supplied by means of a relevant heat network;

(e)

conditions about—

(i)

the charges payable by heat network consumers, including—

(aa)

a condition that an authorised person must not charge domestic heat network consumers an amount that exceeds a specified price cap;

(bb)

a condition that an authorised person must not impose on heat network consumers charges that are disproportionate;

(ii)

the billing of heat network consumers, including—

(aa)

a condition that imposes requirements about the bills given to heat network consumers (including requirements about their frequency, accuracy and the use of estimates);

(bb)

a condition that imposes requirements about the information and explanatory material to be provided to heat network consumers;

(cc)

a condition that makes provision about the charges that may be made in respect of the costs of providing bills and such information and explanatory material;

(iii)

service standards (including standards for handling complaints);

(iv)

the communication of information about the heat network, the services provided or the terms on which the services are provided;

(f)

conditions relating to price regulation (including by means of regulation of charges or profits);

(g)

conditions about complying with technical standards including technical standards relating to—

(i)

the design, construction, commissioning, operation or maintenance of a relevant heat network;

(ii)

the decommissioning of a relevant heat network;

(iii)

equipment or materials used in the construction, operation or maintenance of a relevant heat network;

(iv)

the competence of persons engaged in the design, construction, commissioning, operation or maintenance of a relevant heat network;

(h)

conditions about ensuring the continuity of the supply of heating, cooling and hot water to heat network consumers;

(i)

conditions about providing information to the Regulator, including a requirement to notify the Regulator of any material change in the operation of a relevant heat network or the supply of heating, cooling or hot water;

(j)

conditions about the payment of fees to the Regulator, including conditions about the payment of fees—

(i)

in connection with the conferring of an authorisation;

(ii)

while an authorisation continues to be in force in relation to a person;

(k)

such other conditions as appear to the Regulator or, when determining conditions under regulation 18, the Secretary of State to be requisite or expedient having regard to the principal objective established in regulation 6 (principal objective of the Regulator) and the duties established in regulations 7 (general duties of the Regulator) and 8 (duty of the Regulator to have regard to interests of consumers).

(2)

Conditions under paragraph (1)(j) may include provision for payment of fees to the Regulator under regulation 57 (expenses relating to consumer advocacy and advice).

(3)

General authorisation conditions or specific authorisation conditions may require the authorised person—

(a)

to comply with any direction given by the Regulator or the Secretary of State in relation to any specified matter or description of matter;

(b)

not to do or to do any specified thing or description of thing, except so far as the thing is done or not done with the consent of the Regulator or the Secretary of State;

(c)

to refer for determination by the Regulator or the Secretary of State any specified question or description of question arising under the heat network authorisation;

(d)

to refer for approval by the Regulator or the Secretary of State—

(i)

any thing specified as falling to be done under the heat network authorisation; and

(ii)

any specified contract or agreement made before the conferral of the heat network authorisation.

(4)

In this regulation, “specified” means specified in the condition.