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Energy Act 2023

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This is the original version (as it was originally enacted).

146Further provision about scheme regulations

This section has no associated Explanatory Notes

(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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