The Heat Networks (Market Framework) (Great Britain) Regulations 2025
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Change 1
30 Validity and effect of orders
(1) An authorised person to whom a final or provisional order relates who is aggrieved by the order and desires to question its validity on the ground— (a) that its making or confirmation was not within the powers of regulation 28; or (b) that any of the requirements of regulation 29 have not been complied with in relation to it, may, within 42 days beginning with the date of service on the person of a copy of the order, make an application to the court under this regulation. (2) On any such application the court may, if satisfied that the making or confirmation of the order was not within those powers or that the interests of the authorised person have been substantially prejudiced by a failure to comply with those requirements, quash the order or any provision of the order. (3) Except as provided by this regulation, the validity of a final or provisional order must not be questioned by any legal proceedings whatever. (4) The obligation to comply with a final or provisional order is a duty owed to any person who may be affected by a contravention of the order. (5) Where a duty is owed by virtue of paragraph (4) to any person, any breach of the duty which causes that person to sustain loss or damage is actionable at the suit or instance of that person. (6) In any proceedings brought against an authorised person under paragraph (5), it is a defence for the person to prove that the person took all reasonable steps and exercised all due diligence to avoid contravening the order. (7) Without prejudice to any right which any person may have by virtue of paragraph (5) to bring civil proceedings in respect of any contravention or apprehended contravention of a final or provisional order, compliance with any such order is enforceable by civil proceedings by the Regulator for an injunction or for interdict or for any other appropriate relief.
30 Validity and effect of orders
(1) An authorised person to whom a final or provisional order relates who is aggrieved by the order and desires to question its validity on the ground— (a) that its making or confirmation was not within the powers of regulation 28; or (b) that any of the requirements of regulation 29 have not been complied with in relation to it, may, within 42 days beginning with the date of service on the person of a copy of the order, make an application to the court under this regulation. (2) On any such application the court may, if satisfied that the making or confirmation of the order was not within those powers or that the interests of the authorised person have been substantially prejudiced by a failure to comply with those requirements, quash the order or any provision of the order. (3) Except as provided by this regulation, the validity of a final or provisional order must not be questioned by any legal proceedings whatever. (4) The obligation to comply with a final or provisional order is a duty owed to any person who may be affected by a contravention of the order. (5) Where a duty is owed by virtue of paragraph (4) to any person, any breach of the duty which causes that person to sustain loss or damage is actionable at the suit or instance of that person. (6) In any proceedings brought against an authorised person under paragraph (5), it is a defence for the person to prove that the person took all reasonable steps and exercised all due diligence to avoid contravening the order. (7) Without prejudice to any right which any person may have by virtue of paragraph (5) to bring civil proceedings in respect of any contravention or apprehended contravention of a final or provisional order, compliance with any such order is enforceable by civil proceedings by the Regulator for an injunction or for interdict or for any other appropriate relief.
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