The Heat Networks (Market Framework) (Great Britain) Regulations 2025
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Change 1
31 Imposition of a penalty
(1) This regulation applies where the Regulator is satisfied that an authorised person has contravened or is contravening an authorisation condition or a relevant requirement. (2) The Regulator may impose a penalty on the authorised person of such amount as is reasonable in all the circumstances of the case. (3) The Regulator’s discretion under paragraph (2) is subject to regulation 45 (maximum amount of penalty or compensation). (4) The Regulator must have regard to any relevant statement of policy when deciding— (a) whether to impose a penalty; and (b) the amount of a penalty. (5) A relevant statement of policy is a statement of policy or revised statement of policy published under regulation32 (requirement to publish statement of policy with respect to penalties) which applies at the time when the contravention occurred. (6) Before imposing a penalty on an authorised person under paragraph (2), the Regulator must consider whether it would be more appropriate to proceed under the Competition Act 1998. (7) The Regulator must not impose a penalty on an authorised person under paragraph (2) if it considers that it would be more appropriate to proceed under the Competition Act 1998. (8) Before imposing a penalty on an authorised person under paragraph (2), the Regulator must give notice— (a) stating that it proposes to impose a penalty and the amount of the penalty proposed to be imposed; (b) setting out the relevant condition or requirement in question; (c) specifying the acts or omissions which, in the opinion of the Regulator, constitute the contravention and the other facts which, in the opinion of the Regulator, justify the imposition of a penalty and the amount of the penalty proposed; and (d) specifying the period (not being less than 21 days beginning with the date of publication of the notice) within which representations or objections with respect to the proposed penalty may be made. (9) Before imposing a penalty, the Regulator must consider any representations or objections which are duly made under paragraph (8) and not withdrawn. (10) Before varying any proposal stated in a notice under paragraph (8)(a), the Regulator must give notice— (a) setting out the proposed variation and the reasons for it; and (b) specifying the period (not being less than 21 days beginning with the date of publication of the notice) within which representations or objections with respect to the proposed variation may be made. (11) Before varying a proposal, the Regulator must consider any representations or objections which are duly made under paragraph (10) and not withdrawn. (12) As soon as practicable after imposing a penalty, the Regulator must give notice— (a) stating that it has imposed a penalty on the authorised person and its amount; (b) setting out the relevant condition or requirement in question; (c) specifying the acts or omissions which, in the opinion of the Regulator, constitute the contravention and the other facts which, in the opinion of the Regulator, justify the imposition of the penalty and its amount; and (d) specifying a date, no earlier than the end of the period of 42 days beginning with the date of service of the notice on the authorised person, by which the penalty is required to be paid. (13) The authorised person may, within the period of 21 days beginning with the date of service of a notice on that person under paragraph (12), make an application to the Regulator for it to specify different dates by which different portions of the penalty are to be paid. (14) Any notice required to be given under this regulation must be given— (a) by publishing the notice in such manner as the Regulator 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; (b) by serving a copy of the notice on the authorised person; (c) by serving a copy of the notice on Citizens Advice; and (d) by serving a copy of the notice on Consumer Scotland. (15) Any sums received by the Regulator by way of penalty under this regulation must be paid into the Consolidated Fund.
31 Imposition of a penalty
(1) This regulation applies where the Regulator is satisfied that an authorised person has contravened or is contravening an authorisation condition or a relevant requirement. (2) The Regulator may impose a penalty on the authorised person of such amount as is reasonable in all the circumstances of the case. (3) The Regulator’s discretion under paragraph (2) is subject to regulation 45 (maximum amount of penalty or compensation). (4) The Regulator must have regard to any relevant statement of policy when deciding— (a) whether to impose a penalty; and (b) the amount of a penalty. (5) A relevant statement of policy is a statement of policy or revised statement of policy published under regulation32 (requirement to publish statement of policy with respect to penalties) which applies at the time when the contravention occurred. (6) Before imposing a penalty on an authorised person under paragraph (2), the Regulator must consider whether it would be more appropriate to proceed under the Competition Act 1998. (7) The Regulator must not impose a penalty on an authorised person under paragraph (2) if it considers that it would be more appropriate to proceed under the Competition Act 1998. (8) Before imposing a penalty on an authorised person under paragraph (2), the Regulator must give notice— (a) stating that it proposes to impose a penalty and the amount of the penalty proposed to be imposed; (b) setting out the relevant condition or requirement in question; (c) specifying the acts or omissions which, in the opinion of the Regulator, constitute the contravention and the other facts which, in the opinion of the Regulator, justify the imposition of a penalty and the amount of the penalty proposed; and (d) specifying the period (not being less than 21 days beginning with the date of publication of the notice) within which representations or objections with respect to the proposed penalty may be made. (9) Before imposing a penalty, the Regulator must consider any representations or objections which are duly made under paragraph (8) and not withdrawn. (10) Before varying any proposal stated in a notice under paragraph (8)(a), the Regulator must give notice— (a) setting out the proposed variation and the reasons for it; and (b) specifying the period (not being less than 21 days beginning with the date of publication of the notice) within which representations or objections with respect to the proposed variation may be made. (11) Before varying a proposal, the Regulator must consider any representations or objections which are duly made under paragraph (10) and not withdrawn. (12) As soon as practicable after imposing a penalty, the Regulator must give notice— (a) stating that it has imposed a penalty on the authorised person and its amount; (b) setting out the relevant condition or requirement in question; (c) specifying the acts or omissions which, in the opinion of the Regulator, constitute the contravention and the other facts which, in the opinion of the Regulator, justify the imposition of the penalty and its amount; and (d) specifying a date, no earlier than the end of the period of 42 days beginning with the date of service of the notice on the authorised person, by which the penalty is required to be paid. (13) The authorised person may, within the period of 21 days beginning with the date of service of a notice on that person under paragraph (12), make an application to the Regulator for it to specify different dates by which different portions of the penalty are to be paid. (14) Any notice required to be given under this regulation must be given— (a) by publishing the notice in such manner as the Regulator 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; (b) by serving a copy of the notice on the authorised person; (c) by serving a copy of the notice on Citizens Advice; and (d) by serving a copy of the notice on Consumer Scotland. (15) Any sums received by the Regulator by way of penalty under this regulation must be paid into the Consolidated Fund.
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