The Heat Networks (Market Framework) (Great Britain) Regulations 2025
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Change 1
43 Appeals against consumer redress orders
(1) An authorised person in respect of whom a consumer redress order is made may make an application to the court under this regulation if the person is aggrieved by— (a) the making of the order; or (b) any requirement imposed by the order. (2) An application under paragraph (1) must be made within 42 days beginning with the date of service on the authorised person of a copy of the order under regulation 37(4)(a). (3) On an application under paragraph (1) the court may— (a) quash the order or any provision of the order; or (b) vary any such provision in such manner as the court considers appropriate. (4) The court may exercise the powers under paragraph (3) only if it considers it appropriate to do so in all the circumstances of the case and is satisfied of one or more of the following grounds— (a) that the making of the order was not within the power of the Regulator under regulation 37; (b) that any of the requirements under regulations 37(4) and 39 have not been complied with in relation to the making of the order and the interests of the authorised person have been substantially prejudiced by the non-compliance; (c) that it was unreasonable of the Regulator to require something to be done under the order (whether at all or in accordance with the provisions of the order). (5) If an application is made under this regulation in relation to a consumer redress order, a requirement imposed by the order does not need to be carried out in accordance with the order until the application has been determined. (6) Where the court substitutes a lesser amount of compensation for an amount required by the Regulator in a consumer redress order, it may require the payment of interest on the substituted amount at such rate, and from such date, as it considers just and equitable. (7) Where the court specifies as a date by which any compensation under a consumer redress order is to be paid a date before the determination of the application under this regulation, it may require the payment of interest on the amount from that date at such rate as it considers just and equitable. (8) Except as provided by this regulation, the validity of a consumer redress order is not to be questioned by any legal proceedings whatever.
43 Appeals against consumer redress orders
(1) An authorised person in respect of whom a consumer redress order is made may make an application to the court under this regulation if the person is aggrieved by— (a) the making of the order; or (b) any requirement imposed by the order. (2) An application under paragraph (1) must be made within 42 days beginning with the date of service on the authorised person of a copy of the order under regulation 37(4)(a). (3) On an application under paragraph (1) the court may— (a) quash the order or any provision of the order; or (b) vary any such provision in such manner as the court considers appropriate. (4) The court may exercise the powers under paragraph (3) only if it considers it appropriate to do so in all the circumstances of the case and is satisfied of one or more of the following grounds— (a) that the making of the order was not within the power of the Regulator under regulation 37; (b) that any of the requirements under regulations 37(4) and 39 have not been complied with in relation to the making of the order and the interests of the authorised person have been substantially prejudiced by the non-compliance; (c) that it was unreasonable of the Regulator to require something to be done under the order (whether at all or in accordance with the provisions of the order). (5) If an application is made under this regulation in relation to a consumer redress order, a requirement imposed by the order does not need to be carried out in accordance with the order until the application has been determined. (6) Where the court substitutes a lesser amount of compensation for an amount required by the Regulator in a consumer redress order, it may require the payment of interest on the substituted amount at such rate, and from such date, as it considers just and equitable. (7) Where the court specifies as a date by which any compensation under a consumer redress order is to be paid a date before the determination of the application under this regulation, it may require the payment of interest on the amount from that date at such rate as it considers just and equitable. (8) Except as provided by this regulation, the validity of a consumer redress order is not to be questioned by any legal proceedings whatever.
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