The Heat Networks (Market Framework) (Great Britain) Regulations 2025
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Change 1
28 Orders for securing compliance
(1) Where the Regulator is satisfied that an authorised person is contravening or is likely to contravene an authorisation condition or a relevant requirement, it must by final order make such provision as is requisite for the purpose of securing compliance with that condition or requirement. (2) Where it appears to the Regulator that an authorised person is contravening or is likely to contravene an authorisation condition or a relevant requirement and that it is requisite that a provisional order be made, it must (instead of taking steps towards the making of a final order) by a provisional order make such provision as appears to it requisite for the purpose of securing compliance with that condition or requirement. (3) In determining whether it is requisite that a provisional order be made, the Regulator must have regard in particular— (a) to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of the authorisation condition or relevant requirement, is likely to be done, or omitted to be done, before a final order may be made; and (b) to the fact that the effect of the provisions of this regulation and regulation 30 (validity and effect of orders) is to exclude the availability of any remedy (apart from under those provisions or for negligence) in respect of any contravention of the authorisation condition or relevant requirement. (4) The Regulator must confirm a provisional order with or without modifications if— (a) it is satisfied that the authorised person is contravening or is likely to contravene an authorisation condition or a relevant requirement; and (b) the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement. (5) Before making a final order or making or confirming a provisional order, the Regulator must consider whether it would be more appropriate to proceed under the Competition Act 1998. (6) The Regulator must not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998. (7) The Regulator must not make a final order or make or confirm a provisional order in relation to an authorised person if it is satisfied that the duties imposed by regulation 7 (general duties of the Regulator) preclude the making or confirmation of the order. (8) The Regulator is not required to make a final order or make or confirm a provisional order if it is satisfied— (a) that the authorised person has agreed to take and is taking all such steps as it appears to the Regulator for the time being to be appropriate for the authorised person to take for the purpose of securing or facilitating compliance with the condition or requirement; or (b) that the contraventions were, or the apprehended contraventions are, of a trivial nature. (9) Where the Regulator decides that it would be more appropriate to proceed under the Competition Act 1998 or is satisfied as mentioned in paragraphs (7) or (8), it must— (a) serve notice that it has so decided or is so satisfied on the authorised person; and (b) publish the notice in such manner as it considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them. (10) A final or provisional order— (a) must require the authorised person to whom it relates to do, or not to do, such things as are specified in the order or are of a description so specified; (b) must take effect at such time, being the earliest practicable time, as is determined by or under the order; and (c) may be revoked at any time by the Regulator. (11) In this Part— (a) “final order” means an order under this regulation other than a provisional order; (b) “provisional order” means an order under this regulation which, if not previously confirmed, will cease to have effect at the end of such period (not exceeding 12 months) as is determined by or under the order.
28 Orders for securing compliance
(1) Where the Regulator is satisfied that an authorised person is contravening or is likely to contravene an authorisation condition or a relevant requirement, it must by final order make such provision as is requisite for the purpose of securing compliance with that condition or requirement. (2) Where it appears to the Regulator that an authorised person is contravening or is likely to contravene an authorisation condition or a relevant requirement and that it is requisite that a provisional order be made, it must (instead of taking steps towards the making of a final order) by a provisional order make such provision as appears to it requisite for the purpose of securing compliance with that condition or requirement. (3) In determining whether it is requisite that a provisional order be made, the Regulator must have regard in particular— (a) to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of the authorisation condition or relevant requirement, is likely to be done, or omitted to be done, before a final order may be made; and (b) to the fact that the effect of the provisions of this regulation and regulation 30 (validity and effect of orders) is to exclude the availability of any remedy (apart from under those provisions or for negligence) in respect of any contravention of the authorisation condition or relevant requirement. (4) The Regulator must confirm a provisional order with or without modifications if— (a) it is satisfied that the authorised person is contravening or is likely to contravene an authorisation condition or a relevant requirement; and (b) the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement. (5) Before making a final order or making or confirming a provisional order, the Regulator must consider whether it would be more appropriate to proceed under the Competition Act 1998. (6) The Regulator must not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998. (7) The Regulator must not make a final order or make or confirm a provisional order in relation to an authorised person if it is satisfied that the duties imposed by regulation 7 (general duties of the Regulator) preclude the making or confirmation of the order. (8) The Regulator is not required to make a final order or make or confirm a provisional order if it is satisfied— (a) that the authorised person has agreed to take and is taking all such steps as it appears to the Regulator for the time being to be appropriate for the authorised person to take for the purpose of securing or facilitating compliance with the condition or requirement; or (b) that the contraventions were, or the apprehended contraventions are, of a trivial nature. (9) Where the Regulator decides that it would be more appropriate to proceed under the Competition Act 1998 or is satisfied as mentioned in paragraphs (7) or (8), it must— (a) serve notice that it has so decided or is so satisfied on the authorised person; and (b) publish the notice in such manner as it considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them. (10) A final or provisional order— (a) must require the authorised person to whom it relates to do, or not to do, such things as are specified in the order or are of a description so specified; (b) must take effect at such time, being the earliest practicable time, as is determined by or under the order; and (c) may be revoked at any time by the Regulator. (11) In this Part— (a) “final order” means an order under this regulation other than a provisional order; (b) “provisional order” means an order under this regulation which, if not previously confirmed, will cease to have effect at the end of such period (not exceeding 12 months) as is determined by or under the order.
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