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The Heat Network (Metering and Billing) (Amendment) Regulations 2015

S.I. 2015/855 · Made 23 March 2015

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument has been printed to correct errors in S.I. 2014/3120 and is being issued free of charge to all known recipients of that Statutory Instrument.

Energy

Made 23rd March 2015

Laid before Parliament 25th March 2015

Coming into force 20th April 2015

These Regulations are made by the Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972f1 in relation to energy and energy sourcesf2 in exercise of the powers conferred by section 2(2) of that Act.

Annotations to the whole text

Footnotes

f1

1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c.7), section 3(3), Schedule, Part 1.

f2

European Communities (Designation) Order 2010 (S.I. 2010/761).

Contents

  1. 1Citation and commencement and interpretation
  2. 2Amendments to the Heat Network (Metering and Billing) Regulations 2014
  3. 3Amendment to regulation 3 (duty to notify)
  4. 4Amendment to regulation 4 (duty to install meters)
  5. 5Amendment to regulation 5
  6. 6Amendment to regulation 6 (duty to install heat cost allocators etc)
  7. 7Amendment to regulation 7 (replacement of existing meters, new buildings and major renovations)
  8. 8Amendment to regulation 8 (ongoing obligations in relation to meters and heat cost allocators)
  9. 9Amendment to regulation 9 (billing)
  10. 10Amendment to regulation 13 (penalties)
  11. 11Amendment to regulation 14 (time limit for prosecution of offences)
  12. 12Amendment to regulation 15 (review)
  13. Signature
  14. Explanatory note

1Citation and commencement and interpretation

These Regulations may be cited as the Heat Network (Metering and Billing) (Amendment) Regulations 2015 and come into force on 20th April 2015.

2Amendments to the Heat Network (Metering and Billing) Regulations 2014

The Heat Network (Metering and Billing) Regulations 2014f1 are amended as follows.

3Amendment to regulation 3 (duty to notify)

In regulation 3(2), for “30th April 2015” substitute “31st December 2015” in both places where it occurs.

4Amendment to regulation 4 (duty to install meters)

Omit regulation 4(9).

5Amendment to regulation 5

For regulation 5 substitute—

“Requirements relating to meters

5.

Where these Regulations impose a duty on a heat supplier to ensure that a meter is installed, that heat supplier must ensure that the meter accurately measures, memorises and displays the consumption of heating, cooling or hot water by a final customer.”.

6Amendment to regulation 6 (duty to install heat cost allocators etc)

(1)

In regulation 6(6) for “Where a heat cost allocator to which this regulation applies is installed” substitute “Where this regulation imposes a duty on a heat supplier to ensure that a heat cost allocator is installed,”.

(2)

Omit regulation 6(7).

7Amendment to regulation 7 (replacement of existing meters, new buildings and major renovations)

(1)

In regulation 7(2) for “install sufficient meters” substitute “ensure that sufficient meters are installed”.

(2)

In regulation 7(4)(d) after “insurance purposes” insert “at the time immediately before the renovation of the building is commenced”.

8Amendment to regulation 8 (ongoing obligations in relation to meters and heat cost allocators)

In regulation 8 for “Where meters or heat cost allocators to which these Regulations apply are installed” substitute “Where these Regulations impose a duty on a heat supplier to ensure that meters or heat cost allocators are installed,”.

9Amendment to regulation 9 (billing)

In regulation 9(1) for “where meters or heat cost allocators to which these Regulations apply” substitute “where these Regulations impose a duty on a heat supplier to ensure that meters or heat cost allocators”.

10Amendment to regulation 13 (penalties)

In regulation 13(1)—

(a)

omit “not exceeding the statutory maximum,” and

(b)

after “Scotland” insert “or Northern Ireland”.

11Amendment to regulation 14 (time limit for prosecution of offences)

In regulation 14(1), for “these Regulations may be tried by summary proceedings” substitute “regulation 11(1)(a), (e) or (f) or (3) may be tried”.

12Amendment to regulation 15 (review)

In regulation 15(2) for “the Directive is” substitute “Articles 9(1) and (3), 10 and 11 of Directive 2012/27/EU of the European Parliament and of the Council on energy efficiencyf1 are”.

Signature

Amber Rudd

Parliamentary Under Secretary of State

Department of Energy and Climate Change

23rd March 2015

Explanatory note

(This note is not part of the Regulations)

These Regulations correct errors in the Heat Network (Metering and Billing) Regulations 2014f1 (“the 2014 Regulations”). They also amend the date by which a heat supplier must submit a notification under regulation 3(1) of the 2014 Regulations.

The 2014 Regulations transposed Articles 9(1) and (3), 10 and 11 of Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/ECf2.

Regulation 3 amends regulation 3(2) of the 2014 Regulations so that heat suppliers must comply with the duty in regulation 3(1) by 31st December 2015, or on or before the first day of operation for a district heat network or communal heating which commences operation after 31st December 2015.

Regulations 4, 5, 6, 7(1), 8 and 9 amend the 2014 Regulations to clarify the meters and heat cost allocators referred to.

Regulation 7(2) clarifies the point in time at which the “value of the building” in regulation 7(4)(b) of the 2014 Regulations is to be calculated.

Regulation 10 amends the description of the maximum penalty following summary conviction for an offence listed in regulation 13(1) of the 2014 Regulations. Regulation 11 amends regulation 14(1) of the 2014 Regulations so that the time limit for prosecution of offences only applies in respect of a summary offence. Regulation 12 describes the Directive referred to in regulation 15(2) of the 2014 Regulations.

A full regulatory impact assessment has not been produced for this instrument as no impact on the costs of business, the voluntary sector or the public sector is foreseen.