The Heat Networks (Market Framework) (Great Britain) Regulations 2025
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Change 1
48 Powers to require information, etc.
(1) Where it appears to the Regulator that an authorised person may be contravening, or may have contravened, any relevant condition or requirement, the Regulator may, for any purpose connected with any of its enforcement functions under Part 4 as are exercisable in relation to that matter, serve a notice under paragraph (2) on any person. (2) A notice under this regulation is a notice signed by the Regulator and— (a) requiring the person on whom it is served to produce, at a time and place specified in the notice, to the Regulator or to any person appointed by the Regulator for the purpose, any documents which are specified or described in the notice and are in that person’s custody or under that person’s control; or (b) requiring that person, if that person is carrying on a business, to furnish, at a time and place and in the form and manner specified in the notice, to the Regulator such information as may be specified or described in the notice. (3) Where a heat network authorisation has been or is to be revoked or has expired or is about to expire by effluxion of time, and it appears to the Regulator, having regard to its duties under regulations 7 and 8, to be requisite or expedient to do so for any purpose connected with the revocation or expiry, the Regulator may, with the consent of the Secretary of State, by notice in writing— (a) require the authorised person to produce, at a time and place specified in the notice, to the Regulator, or to any person so specified, any records which are specified or described in the notice and are in the authorised person’s custody or under the authorised person’s control; or (b) require the authorised person to furnish to the Regulator, or to any person specified in the notice, such information as may be specified or described in the notice, and specify the time, the manner and the form in which any such information is to be furnished. (4) The requirement for the consent of the Secretary of State in paragraph (3) does not apply to the extent that the Regulator is the Secretary of State. (5) A person must not be required under this regulation to produce any documents or records which the person could not be compelled to produce in civil proceedings in the court or, in complying with any requirement for the furnishing of information, to give any information which the person could not be compelled to give in evidence in any such proceedings. (6) If a person makes default in complying with a notice under this regulation, the court may, on the application of the Regulator, make such order as the court thinks fit for requiring the default to be made good; and any such order may provide that all the costs or expenses of and incidental to the application must be borne by the person in default or by any officers of a company or other association who are responsible for its default.
48 Powers to require information, etc.
(1) Where it appears to the Regulator that an authorised person may be contravening, or may have contravened, any relevant condition or requirement, the Regulator may, for any purpose connected with any of its enforcement functions under Part 4 as are exercisable in relation to that matter, serve a notice under paragraph (2) on any person. (2) A notice under this regulation is a notice signed by the Regulator and— (a) requiring the person on whom it is served to produce, at a time and place specified in the notice, to the Regulator or to any person appointed by the Regulator for the purpose, any documents which are specified or described in the notice and are in that person’s custody or under that person’s control; or (b) requiring that person, if that person is carrying on a business, to furnish, at a time and place and in the form and manner specified in the notice, to the Regulator such information as may be specified or described in the notice. (3) Where a heat network authorisation has been or is to be revoked or has expired or is about to expire by effluxion of time, and it appears to the Regulator, having regard to its duties under regulations 7 and 8, to be requisite or expedient to do so for any purpose connected with the revocation or expiry, the Regulator may, with the consent of the Secretary of State, by notice in writing— (a) require the authorised person to produce, at a time and place specified in the notice, to the Regulator, or to any person so specified, any records which are specified or described in the notice and are in the authorised person’s custody or under the authorised person’s control; or (b) require the authorised person to furnish to the Regulator, or to any person specified in the notice, such information as may be specified or described in the notice, and specify the time, the manner and the form in which any such information is to be furnished. (4) The requirement for the consent of the Secretary of State in paragraph (3) does not apply to the extent that the Regulator is the Secretary of State. (5) A person must not be required under this regulation to produce any documents or records which the person could not be compelled to produce in civil proceedings in the court or, in complying with any requirement for the furnishing of information, to give any information which the person could not be compelled to give in evidence in any such proceedings. (6) If a person makes default in complying with a notice under this regulation, the court may, on the application of the Regulator, make such order as the court thinks fit for requiring the default to be made good; and any such order may provide that all the costs or expenses of and incidental to the application must be borne by the person in default or by any officers of a company or other association who are responsible for its default.
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