Energy Act 2023

Part 5 U.K. Installation and maintenance licences

Installation and maintenance licences U.K.

31 (1) The regulations may provide for the issuing of licences (“installation and maintenance licences”) which authorise the holder of a licence to exercise the rights specified in the licence for purposes relating to the installation or maintenance of relevant heat networks—

(a) in England and Wales, or

(b) in Northern Ireland.

(2) The regulations may require the Regulator to be satisfied before issuing an installation and maintenance licence to a person that the person is an appropriate person to hold such a licence.

(3) The regulations may require the Regulator, in deciding whether a person is an appropriate person to hold an installation and maintenance licence, to consider such matters as may be specified.

(4) The matters specified may, in particular, relate to the abilities or financial resources of the person applying for a licence or the nature of the business carried on by the person.

(5) The regulations may specify other conditions that are to be satisfied before a licence may be issued.

(6) The regulations may make provision about the procedure for applying for a licence, including provision about—

(a) the form and content of an application,

(b) the manner in which the application and any accompanying documents are to be submitted to the Regulator, and

(c) the payment of a fee.

(7) Regulations made by virtue of sub-paragraph (6) may provide for the Regulator to make provision by regulations about the matters referred to in sub-paragraph (6) (including provision about the information that must be provided to the Regulator by a person applying for a licence), so far as relating to England and Wales.

(8) Regulations made by the Regulator by virtue of sub-paragraph (7) are to be made by statutory instrument.

(9) The regulations may make provision as to the period for which a licence may be in force.

(10) The regulations may make provision about the transfer of a licence.

Commencement Information

I1 Sch. 18 para. 31 in force at Royal Assent, see s. 334(2)(l)

Rights that may be conferred U.K.

32 (1) The regulations must set out the rights relating to land that are capable of being conferred on a person by an installation and maintenance licence.

(2) Regulations made by virtue of sub-paragraph (1) setting out a right may include provision about the restrictions, exceptions or conditions subject to which the right may be exercised.

(3) The rights set out by regulations made by virtue of sub-paragraph (1) may include—

(a) a right to apply to the Secretary of State or, in relation to Northern Ireland, the Department for authority to make a compulsory acquisition of an easement or other right over land by the creation of a new right for the purpose of installing or maintaining works and apparatus relating to a heat network;

(b) a right—

(i) to install and keep works and apparatus relating to a heat network in, under or over a street,

(ii) to inspect, maintain, adjust, alter, repair, upgrade, operate or remove such works and apparatus, and

(iii) to carry out such other works as are required for or incidental to those works,

subject to such requirements as to notification, manner of working and compensation as may be specified in the regulations;

(c) a right—

(i) to install and keep works and apparatus relating to a heat network in, under or over transport land,

(ii) to inspect, maintain, alter, repair, replace and remove such works and apparatus,

(iii) to carry out any works on the transport land for or in connection with the exercise of a right described in sub-paragraph (i) or (ii), and

(iv) to enter the transport land to inspect, maintain, adjust, alter, repair, upgrade, operate or remove the works or apparatus,

subject to such requirements as to notification, compensation, arbitration and alteration of the works and apparatus as may be specified in the regulations;

(d) a right to undertake works of a specified description without being required to obtain planning permission.

(4) In this paragraph—

• “street” means a street in England, Wales or Northern Ireland and—

  (a)

  in relation to England and Wales, has the same meaning as in Part 3 of the New Roads and Street Works Act 1991;

  (b)

  in relation to Northern Ireland, has the same meaning as in the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19));

• “transport land” means land which is used wholly or mainly—

  (a)

  as a railway, tramway or waterway, or

  (b)

  in connection with a railway, tramway or waterway on the land.

Commencement Information

I2 Sch. 18 para. 32 in force at Royal Assent, see s. 334(2)(l)

Further provision about installation and maintenance licences U.K.

33 (1) The regulations may make provision about the contents of installation and maintenance licences.

(2) Regulations made by virtue of sub-paragraph (1) may, in particular—

(a) provide for the Regulator to determine and publish conditions to be included in each installation and maintenance licence or in each installation and maintenance licence of a particular description;

(b) provide for the Secretary of State or, in relation to Northern Ireland, the Department to determine and publish conditions to be included in each installation and maintenance licence or in each installation and maintenance licence of a particular description;

(c) provide for consultation on, and publication of, the conditions proposed to be so determined;

(d) make provision about the inclusion in an installation and maintenance licence of conditions that are special to that licence;

(e) make provision about including conditions that meet objectives or other criteria specified in the regulations.

(3) Regulations made by virtue of sub-paragraph (1) may, in particular, provide for the following sorts of conditions to be included in a licence—

(a) conditions about providing information to the Regulator;

(b) conditions about the payment of fees to the Regulator, including conditions about the payment of fees—

(i) when a licence is first issued;

(ii) while a licence continues to be in force in relation to a person.

(4) The regulations may, in particular, provide for conditions to be included in an installation and maintenance licence that—

(a) in relation to England and Wales, impose on the person who holds the licence a requirement of a kind that may be imposed under section 7(3) of the Electricity Act 1989 on the holder of a licence under section 6(1) of that Act;

(b) in relation to Northern Ireland, impose on the person who holds the licence a requirement of a kind that may be imposed under Article 11(3) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) on the holder of a licence under Article 10(1) of that Order.

Commencement Information

I3 Sch. 18 para. 33 in force at Royal Assent, see s. 334(2)(l)

34 (1) The regulations may provide for the modification by the Regulator of—

(a) the conditions of a particular installation and maintenance licence;

(b) conditions that are included in two or more installation and maintenance licences.

(2) Regulations made by virtue of sub-paragraph (1) may, in particular—

(a) provide for the procedure to be followed by the Regulator when it proposes to make a modification;

(b) provide for the communication of any modification;

(c) provide for the time when any modification takes effect;

(d) provide for the Regulator to comply with a direction of the Secretary of State or, in relation to Northern Ireland, the Department not to make a particular modification.

(3) In sub-paragraphs (1) and (2), a reference to the modification of a condition includes a reference to the revocation of a condition.

(4) The regulations may provide for the conditions of an installation and maintenance licence—

(a) to have effect or cease to have effect at such times and in such circumstances as may be determined by or under the conditions;

(b) to be modified in such manner as may be specified in the conditions at such times and in such circumstances as may be so determined.

Commencement Information

I4 Sch. 18 para. 34 in force at Royal Assent, see s. 334(2)(l)

Review and revocation of installation and maintenance licences U.K.

35 The regulations may provide for the conditions of, or the activities carried out by virtue of, an installation and maintenance licence to be reviewed by the Regulator at any time while it is in force.

Commencement Information

I5 Sch. 18 para. 35 in force at Royal Assent, see s. 334(2)(l)

36 (1) The regulations may provide—

(a) for the revocation of an installation and maintenance licence by the Regulator;

(b) for an installation and maintenance licence to cease to have effect in circumstances specified in or determined under the licence.

(2) Regulations made by virtue of sub-paragraph (1)(a) may, in particular, provide for the procedure to be followed by the Regulator when it proposes to revoke the licence.

Commencement Information

I6 Sch. 18 para. 36 in force at Royal Assent, see s. 334(2)(l)