# Energy Act 2023, Section 146: Further provision about scheme regulations

Extent: E+W+S+N.I.

(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.

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Source: https://www.legislation.gov.uk/ukpga/2023/52/section/146 (the official version)
Page: https://openlegislation.uk/energy-act-2023/section-146
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.