The Heat Networks (Market Framework) (Great Britain) Regulations 2025
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Change 1
59D Heat network administration orders: application of certain provisions of Energy Act 2004
(1) Sections 156 to 167 of, and Schedules 20 and 21 to, the Energy Act 2004 (special administration regime for energy licensees) apply in relation to a heat network administration order as they apply in relation to an energy administration order (as defined in section 154(1) of that Act), with the modifications set out in paragraphs (2) to (5). (2) Those provisions must be read as if— (a) for “energy administration” in each place there were substituted “heat network administration”; (b) for “energy administrator” in each place there were substituted “heat network administrator”; (c) for “protected energy company” in each place there were substituted “protected heat network company”. (3) Section 159 must be read as if in subsection (3) for “or section 44 of the Energy Act 2023” there were substituted “, section 44 of the Energy Act 2023 or regulation 59D of the 2025 Regulations”. (4) Schedule 20 must be read as if— (a) in paragraph 12— (i) in the opening words for “the existing text is to be sub-paragraph (1) and after that sub-paragraph” there were substituted “after sub-paragraph (2)”; (ii) for the inserted text there were substituted— (3) The heat network administrator of a company has the power to act on behalf of the company for the purposes of any enactment or subordinate legislation which confers a power on the company, or imposes a duty on it. (4) In sub-paragraph (3), “enactment” has the same meaning as in the Energy Act 2004. ; (b) in paragraph 25 for “sub-paragraphs (2)(b) and (3)” there were substituted “sub-paragraphs (2)(b) and (ba), (3) and (3A)”; (c) in paragraph 32(1)— (i) in paragraph (a) ““correspondence”,” were omitted; (ii) for paragraphs (c) and (d) there were substituted— (c) after the definition of “appropriate value” (as inserted by paragraph (b)) insert— ““company”, “court” and “heat network administration order” have the same meanings as in Chapter 3 of Part 3 of the Energy Act 2004, as applied by regulation 59D of the Heat Networks (Market Framework) (Great Britain) Regulations 2025 (the “2025 Regulations”);”; after the definition of “floating charge” insert— ““GEMA” means the Gas and Electricity Markets Authority; “heat network administration application” means an application to the court for a heat network administration order under Chapter 3 of Part 3 of the Energy Act 2004, as applied by regulation 59D of the 2025 Regulations;”; ; (iii) in paragraph (e)— (aa) in the inserted definition of “objective” for “section 155 of the Energy Act 2004” there were substituted “regulation 59C of the 2025 Regulations”; (bb) in the inserted definition of “prescribed” after “Energy Act 2004” there were inserted “, as applied by regulation 59D of the 2025 Regulations”; (d) after paragraph 32(1) there were inserted— (1A) Omit sub-paragraphs (1A) and (1B) of that paragraph. ; (e) in paragraph 36(1) for “section 154(4) of this Act” there were substituted “regulation 59B(5) of the 2025 Regulations”; (f) in paragraph 43 in the inserted text after “the Energy Act 2004” there were inserted “and regulation 59D of the Heat Networks (Market Framework) (Great Britain) Regulations 2025”; (g) in paragraph 44(5) in the inserted text after “the Energy Act 2004” there were inserted “and regulation 59D of the Heat Networks (Market Framework) (Great Britain) Regulations 2025”; (h) in paragraph 45 after “section 157(1)(e) of this Act” there were inserted “, as applied by regulation 59D of the 2025 Regulations”; (i) in paragraph 46(1)— (i) for paragraph (b) there were substituted— (b) any other provision that relates to insolvency, or makes provision by reference to anything that is or may be done under the Insolvency Act 1986, and is— (i) contained in an Act passed before the Energy Act 2023 or in the same Session; or (ii) made under an Act before the order comes into force, ; (ii) in the words following paragraph (b) for “section 96 of the Energy Act 2011” there were substituted “regulation 59D of the 2025 Regulations”; (j) in paragraph 47 in the definitions of “enters energy administration” and “in energy administration” after “Part 1 of this Schedule” there were inserted “and regulation 59D of the 2025 Regulations”. (5) Schedule 21 must be read as if— (a) for “energy transfer scheme” in each place there were substituted “heat network transfer scheme”; (b) for “old energy company” in each place there were substituted “old heat network company”; (c) for “new energy company” in each place there were substituted “new heat network company”; (d) in paragraph 1(b) for “section 155(3)” there were substituted “regulation 59C(3) of the 2025 Regulations”; (e) in paragraph 5 for “relevant licence” or “licence” in each place there were substituted “heat network authorisation”; (f) in paragraph 12— (i) for “subsection (3) of section 155” there were substituted “paragraph (3) of regulation 59C of the 2025 Regulations”; (ii) for “subsection (4)(a) of that section” there were substituted “paragraph (4)(a) of that regulation”. (6) Sections 171 and 196 of the Energy Act 2004 (interpretation) apply for the purposes of the application by paragraph (1) of the provisions of the Energy Act 2004 referred to in that paragraph, with the modifications set out in paragraph (7). (7) Section 171(1) must be read as if— (a) the following definitions were omitted— (i) “energy administration order”; (ii) “energy administration rules”; (iii) “energy administrator”; (iv) “objective of the energy administration”; (v) “protected energy company”; (vi) “relevant licence”; (b) the following definitions were inserted at the appropriate places— (i) ““2025 Regulations” means the Heat Networks (Market Framework) (Great Britain) Regulations 2025;”; (ii) ““heat network administration” means the administration of a protected heat network company in accordance with a heat network administration order;”; (iii) ““heat network administration order” has the meaning given in regulation 59B of the 2025 Regulations;”; (iv) ““heat network administration rules” means rules made under section 411 of the 1986 Act by virtue of section 159(3) of this Act, for the purpose of giving effect to this Chapter as applied by regulation 59D of the 2025 Regulations;”; (v) ““heat network administrator” has the meaning given in regulation 59B of the 2025 Regulations;”; (vi) ““heat network authorisation” means a heat network authorisation under the 2025 Regulations;”; (vii) ““objective of the heat network administration” is to be construed in accordance with regulation 59C of the 2025 Regulations;”; (viii) ““protected heat network company” has the meaning given in regulation 59A of the 2025 Regulations;”.
59D Heat network administration orders: application of certain provisions of Energy Act 2004
(1) Sections 156 to 167 of, and Schedules 20 and 21 to, the Energy Act 2004 (special administration regime for energy licensees) apply in relation to a heat network administration order as they apply in relation to an energy administration order (as defined in section 154(1) of that Act), with the modifications set out in paragraphs (2) to (5). (2) Those provisions must be read as if— (a) for “energy administration” in each place there were substituted “heat network administration”; (b) for “energy administrator” in each place there were substituted “heat network administrator”; (c) for “protected energy company” in each place there were substituted “protected heat network company”. (3) Section 159 must be read as if in subsection (3) for “or section 44 of the Energy Act 2023” there were substituted “, section 44 of the Energy Act 2023 or regulation 59D of the 2025 Regulations”. (4) Schedule 20 must be read as if— (a) in paragraph 12— (i) in the opening words for “the existing text is to be sub-paragraph (1) and after that sub-paragraph” there were substituted “after sub-paragraph (2)”; (ii) for the inserted text there were substituted— (3) The heat network administrator of a company has the power to act on behalf of the company for the purposes of any enactment or subordinate legislation which confers a power on the company, or imposes a duty on it. (4) In sub-paragraph (3), “enactment” has the same meaning as in the Energy Act 2004. ; (b) in paragraph 25 for “sub-paragraphs (2)(b) and (3)” there were substituted “sub-paragraphs (2)(b) and (ba), (3) and (3A)”; (c) in paragraph 32(1)— (i) in paragraph (a) ““correspondence”,” were omitted; (ii) for paragraphs (c) and (d) there were substituted— (c) after the definition of “appropriate value” (as inserted by paragraph (b)) insert— ““company”, “court” and “heat network administration order” have the same meanings as in Chapter 3 of Part 3 of the Energy Act 2004, as applied by regulation 59D of the Heat Networks (Market Framework) (Great Britain) Regulations 2025 (the “2025 Regulations”);”; after the definition of “floating charge” insert— ““GEMA” means the Gas and Electricity Markets Authority; “heat network administration application” means an application to the court for a heat network administration order under Chapter 3 of Part 3 of the Energy Act 2004, as applied by regulation 59D of the 2025 Regulations;”; ; (iii) in paragraph (e)— (aa) in the inserted definition of “objective” for “section 155 of the Energy Act 2004” there were substituted “regulation 59C of the 2025 Regulations”; (bb) in the inserted definition of “prescribed” after “Energy Act 2004” there were inserted “, as applied by regulation 59D of the 2025 Regulations”; (d) after paragraph 32(1) there were inserted— (1A) Omit sub-paragraphs (1A) and (1B) of that paragraph. ; (e) in paragraph 36(1) for “section 154(4) of this Act” there were substituted “regulation 59B(5) of the 2025 Regulations”; (f) in paragraph 43 in the inserted text after “the Energy Act 2004” there were inserted “and regulation 59D of the Heat Networks (Market Framework) (Great Britain) Regulations 2025”; (g) in paragraph 44(5) in the inserted text after “the Energy Act 2004” there were inserted “and regulation 59D of the Heat Networks (Market Framework) (Great Britain) Regulations 2025”; (h) in paragraph 45 after “section 157(1)(e) of this Act” there were inserted “, as applied by regulation 59D of the 2025 Regulations”; (i) in paragraph 46(1)— (i) for paragraph (b) there were substituted— (b) any other provision that relates to insolvency, or makes provision by reference to anything that is or may be done under the Insolvency Act 1986, and is— (i) contained in an Act passed before the Energy Act 2023 or in the same Session; or (ii) made under an Act before the order comes into force, ; (ii) in the words following paragraph (b) for “section 96 of the Energy Act 2011” there were substituted “regulation 59D of the 2025 Regulations”; (j) in paragraph 47 in the definitions of “enters energy administration” and “in energy administration” after “Part 1 of this Schedule” there were inserted “and regulation 59D of the 2025 Regulations”. (5) Schedule 21 must be read as if— (a) for “energy transfer scheme” in each place there were substituted “heat network transfer scheme”; (b) for “old energy company” in each place there were substituted “old heat network company”; (c) for “new energy company” in each place there were substituted “new heat network company”; (d) in paragraph 1(b) for “section 155(3)” there were substituted “regulation 59C(3) of the 2025 Regulations”; (e) in paragraph 5 for “relevant licence” or “licence” in each place there were substituted “heat network authorisation”; (f) in paragraph 12— (i) for “subsection (3) of section 155” there were substituted “paragraph (3) of regulation 59C of the 2025 Regulations”; (ii) for “subsection (4)(a) of that section” there were substituted “paragraph (4)(a) of that regulation”. (6) Sections 171 and 196 of the Energy Act 2004 (interpretation) apply for the purposes of the application by paragraph (1) of the provisions of the Energy Act 2004 referred to in that paragraph, with the modifications set out in paragraph (7). (7) Section 171(1) must be read as if— (a) the following definitions were omitted— (i) “energy administration order”; (ii) “energy administration rules”; (iii) “energy administrator”; (iv) “objective of the energy administration”; (v) “protected energy company”; (vi) “relevant licence”; (b) the following definitions were inserted at the appropriate places— (i) ““2025 Regulations” means the Heat Networks (Market Framework) (Great Britain) Regulations 2025;”; (ii) ““heat network administration” means the administration of a protected heat network company in accordance with a heat network administration order;”; (iii) ““heat network administration order” has the meaning given in regulation 59B of the 2025 Regulations;”; (iv) ““heat network administration rules” means rules made under section 411 of the 1986 Act by virtue of section 159(3) of this Act, for the purpose of giving effect to this Chapter as applied by regulation 59D of the 2025 Regulations;”; (v) ““heat network administrator” has the meaning given in regulation 59B of the 2025 Regulations;”; (vi) ““heat network authorisation” means a heat network authorisation under the 2025 Regulations;”; (vii) ““objective of the heat network administration” is to be construed in accordance with regulation 59C of the 2025 Regulations;”; (viii) ““protected heat network company” has the meaning given in regulation 59A of the 2025 Regulations;”.
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