The Clean Heat Market Mechanism Regulations 2025
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Change 1
11 Groups of undertakings: responsible undertaking and liability
(1) Paragraph (2) applies for the purpose of identifying the responsible undertaking for a group of undertakings which is— (a) a scheme participant by virtue of regulation 9(2); (b) a near-threshold supplier by virtue of regulation 10(2); or (c) subject to the registration obligation in regulation 14(3). (2) Subject to paragraph (3), the responsible undertaking for a group of undertakings identified in paragraph (1) is— (a) the undertaking which is selected by the group to act as the responsible undertaking and notified to the administrator in accordance with regulation 14(3)(b) or (7); or (b) in the absence of such notification, the undertaking which the administrator determines is to be the responsible undertaking for the group. (3) Where a group of undertakings includes one or more undertakings which is established in the United Kingdom, the responsible undertaking for that group must be one of those undertakings. (4) Any obligation of the administrator to give a notice to a group of undertakings identified in paragraph (1) is fulfilled by giving notice to the responsible undertaking. (5) Each member of a group of undertakings which is identified in paragraph (1)— (a) is jointly and severally liable to comply with requirements placed by or under these Regulations on a scheme participant, a near-threshold supplier or a group of undertakings which is subject to the registration obligation in regulation 14(3), as the case may be; (b) may be jointly and severally liable to a financial penalty to which a scheme participant, a near-threshold supplier or a group of undertakings which is subject to the registration obligation in regulation 14(3), as the case may be, is liable under Part 8; and (c) may be liable to a criminal penalty under Part 9 where an act or omission which constitutes an offence under that Part is committed by, or by a member of, the group of undertakings which is identified in paragraph (1).
11 Groups of undertakings: responsible undertaking and liability
(1) Paragraph (2) applies for the purpose of identifying the responsible undertaking for a group of undertakings which is— (a) a scheme participant by virtue of regulation 9(2); (b) a near-threshold supplier by virtue of regulation 10(2); or (c) subject to the registration obligation in regulation 14(3). (2) Subject to paragraph (3), the responsible undertaking for a group of undertakings identified in paragraph (1) is— (a) the undertaking which is selected by the group to act as the responsible undertaking and notified to the administrator in accordance with regulation 14(3)(b) or (7); or (b) in the absence of such notification, the undertaking which the administrator determines is to be the responsible undertaking for the group. (3) Where a group of undertakings includes one or more undertakings which is established in the United Kingdom, the responsible undertaking for that group must be one of those undertakings. (4) Any obligation of the administrator to give a notice to a group of undertakings identified in paragraph (1) is fulfilled by giving notice to the responsible undertaking. (5) Each member of a group of undertakings which is identified in paragraph (1)— (a) is jointly and severally liable to comply with requirements placed by or under these Regulations on a scheme participant, a near-threshold supplier or a group of undertakings which is subject to the registration obligation in regulation 14(3), as the case may be; (b) may be jointly and severally liable to a financial penalty to which a scheme participant, a near-threshold supplier or a group of undertakings which is subject to the registration obligation in regulation 14(3), as the case may be, is liable under Part 8; and (c) may be liable to a criminal penalty under Part 9 where an act or omission which constitutes an offence under that Part is committed by, or by a member of, the group of undertakings which is identified in paragraph (1).
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