The Heat Networks (Market Framework) (Great Britain) Regulations 2025

• (4) A notice required by paragraph (1)(b) must be published in such manner as the Regulator considers appropriate for the purpose of bringing it to the attention of those likely to be affected by the proposals.

• (5) The Regulator must make arrangements for securing that notices under paragraph (1)(b), regulations under regulation 50 and 51 and determinations under regulation 52 are made available to the public by whatever means it considers appropriate.

• (6) The requirements of this regulation may be satisfied by action taken before these Regulations are made.

• (7) Regulations under regulation 50 or 51—

• (a) may only be made with the Secretary of State’s consent;

• (b) must be made by statutory instrument.

CHAPTER 2 — Consumer advocacy and redress schemes

Application of Part 1 of the Consumers, Estate Agents and Redress Act 2007 with modifications

54

• (1) Part 1 of the Consumers, Estate Agents and Redress Act 2007 (the consumer advocacy bodies)[^f00048] applies in relation to heat network consumers as it applies in relation to designated consumers within section 4(1)(a) of that Act (designated consumers), subject to the following modifications.

• (2) Section 13 (investigation of complaints relating to disconnection of gas or electricity) is to be taken to apply to a complaint made by a heat network consumer against an authorised person which relates to one of the following—

• (a) the disconnection of, or threat to disconnect, the heat network consumer’s premises from a relevant heat network by the authorised person;

• (b) following such a disconnection, a refusal by the authorised person to reconnect the premises;

• (c) a failure in the facilities for payment for the supply of heating, cooling or hot water which results in a heat network consumer with a prepayment meter being unable to make a payment for the supply of heating, cooling or hot water;

• (d) where a payment has been made for the supply of heating, cooling or hot water through a prepayment meter, a case where the supply is not given through the prepayment meter because of a defect in the meter or in the facilities for payment; or

• (e) any other matter connected with the supply of heating, cooling or hot water to the heat network consumer or a refusal by the authorised person to supply heating, cooling or hot water to the heat network consumer.

• (3) But a complaint is only within paragraph (2)(b) if it is made by a person who was a heat network consumer in relation to the relevant heat network in question at the time of the disconnection.

• (4) Section 14 (reference of matters to the Gas and Electricity Markets Authority) is to be read as if—

• (a) references to “the Authority” were to the Regulator;

• (b) references to “enforcement functions” in relation to the Authority were to any of the Regulator’s functions under regulation 28 (orders for securing compliance), 31 (imposition of a penalty) or 37 (consumer redress orders) of these Regulations;

• (c) the reference in subsection (4) to “the Gas Act 1986 (c. 44) or the Electricity Act 1989 (c. 29)” were to these Regulations.

• (5) Section 19A (guidance for energy consumers) is to be read as if references to “energy consumers” included heat network consumers.

• (6) Section 24 (provision of information to the consumer advocacy bodies) is to be read as if the Regulator were a person within subsection (3).

• (7) Section 25 (enforcement by regulator of section 24 notice) is to be read as if—

• (a) an authorised person were a “regulated provider” within subsection (3);

• (b) the “relevant regulator” in relation to an authorised person were the Regulator.

• (8) An obligation imposed on an authorised person by virtue of section 25(5) as applied by these Regulations is enforceable under Part 4 of these Regulations as a relevant requirement.

• (9) Sections 27 (provision of information by a consumer advocacy body) and 29 (disclosure of information) are to be read as if the Regulator were an “authorised person” within section 27(3).

• (10) Section 40B(1) (exemption from liability in damages) is to be read as if it applied to a function conferred by or under these Regulations.

Certain documents to be sent to Citizens Advice and Consumer Scotland

55

Where the Regulator is required by any provision of these Regulations to publish a notice or any other document, the Regulator must send a copy of the document to Citizens Advice and Consumer Scotland.

Application of Part 2 of the Consumers, Estate Agents and Redress Act 2007 with modifications

56

• (1) Part 2 of the Consumers, Estate Agents and Redress Act 2007 applies in relation to heat network consumers subject to the following modifications.

• (2) All authorised persons are to be considered regulated providers.

• (3) Each person who is a heat network consumer in relation to a relevant heat network is to be considered a relevant consumer in relation to an authorised person who carries on a regulated activity in relation to that network.

• (4) The GEMA is to be considered the relevant regulator in relation to all authorised persons.

• (5) Section 43(1) is to be read as if for “must” there were substituted “may” but regulations made by the Regulator by virtue of this paragraph may not take effect before the launch date.

• (6) The requirements of section 44(1) as applied by these Regulations may be satisfied by action taken before these Regulations are made.

• (7) The Secretary of State is to be taken to have—

• (a) made an order under section 47(1), coming into force on the same date as this paragraph, requiring all authorised persons to be members of a redress scheme within section 47(1)(b);

• (b) specified in that order that the requirement applies only in relation to consumer complaints in connection with the supply of heating, cooling or hot water for domestic purposes or for the purposes of a micro-business;

• (c) designated the Energy Ombudsman Scheme as an appropriate redress scheme in relation to all authorised persons; and

• (d) retained the power to designate a replacement or alternative redress scheme for the purpose of section 47(1)(b).

• (8) An obligation imposed on an authorised person by virtue of section 43, 46 or 47 as applied by these Regulations is enforceable under Part 4 of these Regulations as a relevant requirement.

• (9) A person who is an authorised person by virtue of regulation 27 (deemed heat network authorisations) and is not a member of the Energy Ombudsman Scheme is bound by the Scheme Terms as if the person were a member from the date this paragraph comes into force.

• (10) Paragraph (9) ceases to have effect—

• (a) if the Secretary of State designates a replacement redress scheme under paragraph (7)(d); or

• (b) in relation to a person who becomes a member of the Energy Ombudsman Scheme.

• (11) In this regulation—

• “the Energy Ombudsman Scheme” means the scheme under that name operated by Trust Alliance Group Limited (a company registered in England and Wales with company number 04351294);

• “a member”, in relation to the Energy Ombudsman Scheme as constituted by the Scheme Terms, means a “Participating Company” within the meaning of the Scheme Terms;

• “a micro-business” means a business which employs fewer than 10 employees and has an annual turnover or balance sheet total no greater than £2 million;

• “the Scheme Terms” are the terms of the Energy Ombudsman Deed Poll[^f00049] read with the Terms of Reference: Energy Sector and the Membership Rules for Participating Companies[^f00050] as they have effect when these Regulations are made.

PART 7 — Financial arrangements

Expenses relating to consumer advocacy and advice

57

• (1) The Regulator may include in a general authorisation condition a provision requiring an authorised person to pay sums to the Regulator relating to the costs of the bodies listed in paragraph (2) in providing, or arranging for the provision of, consumer advocacy and advice in relation to heat network consumers.

• (2) The bodies are—

• (a) Citizens Advice;

• (b) Citizens Advice Scotland;

• (c) Consumer Scotland;

• (d) a qualifying public consumer advice body.

• (3) A “qualifying public consumer advice body” is a body that is supported by Citizens Advice or Consumer Scotland to enable the body to provide, or arrange for the provision of, consumer advocacy or advice in relation to heat network consumers free of charge.

Directions to the Regulator relating to expenses under regulation 57

58

• (1) The Secretary of State may direct the Regulator to determine a general authorisation condition requiring an authorised person to pay sums to the Regulator relating to the costs mentioned in regulation 57 (expenses relating to consumer advocacy and advice).

• (2) The Regulator must comply with a direction given under paragraph (1).

Payment into Consolidated Fund

59

The Regulator must pay into the Consolidated Fund any sums received from fees paid to the Regulator under an authorisation condition imposed by virtue of regulation 20(1)(j) (scope of authorisation conditions).

PART 8 — Offences

Carrying on a regulated activity without authorisation

60

A person who contravenes regulation 14 (prohibition on carrying on a regulated activity without authorisation) commits an offence and is liable—

• (a) on summary conviction in England and Wales, to a fine;

• (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

• (c) on conviction on indictment, to a fine.

Failure to provide information in response to a notice

61

• (1) A person who without reasonable excuse fails to do anything required by a notice under regulation 10 (collecting information) or 48 (powers to require information, etc.) commits an offence and is liable on summary conviction—

• (a) in England and Wales, to a fine;

• (b) in Scotland, to a fine not exceeding level 5 on the standard scale.

• (2) A person who intentionally alters, suppresses or destroys any document or record which the person has been required by any notice under regulation 10 or 48 to produce commits an offence and is liable—

• (a) on summary conviction in England and Wales, to a fine;

• (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

• (c) on conviction on indictment, to a fine.

Provision of false or misleading information

62

• (1) It is an offence for a person to give any information or make any application under or for the purposes of any provision of these Regulations which includes any statement—

• (a) that the person knows to be false or misleading in a material particular; or

• (b) that is false or misleading in a material particular, the person being reckless as to whether it is.

• (2) A person guilty of an offence under paragraph (1) is liable—

• (a) on summary conviction in England and Wales, to a fine;

• (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

• (c) on conviction on indictment, to a fine.

Obstructing inspection

63

• (1) It is an offence for a person intentionally to obstruct an authorised officer in the exercise of a power conferred by regulation 49 (inspections).

• (2) A person guilty of an offence under paragraph (1) is liable—

• (a) on summary conviction in England and Wales, to a fine;

• (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

• (c) on conviction on indictment, to a fine.

Impersonation of person entitled to entry

64

• (1) It is an offence for a person who is not an authorised officer to purport to be entitled to enter any premises in exercise of a power conferred by regulation 49 (inspections).

• (2) For the purposes of paragraph (1) it is immaterial, where a person purports to be entitled to enter any premises, that the power which that person purports to be entitled to exercise does not exist or would not be exercisable even if that person had been authorised pursuant to regulation 49.

• (3) A person guilty of an offence under paragraph (1) is liable—

• (a) on summary conviction in England and Wales, to a fine;

• (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

• (c) on conviction on indictment, to a fine.

Corporate liability

65

• (1) Where an offence under this Part is committed by a body corporate and—

• (a) it is committed with the consent or connivance of an officer; or

• (b) it is attributable to any neglect on the officer’s part,

the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.

• (2) An “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

• (3) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts or defaults of a member in connection with that member’s functions of management as if the member were a director of the body corporate.

Scottish partnerships

66

• (1) Where an offence under this Part is committed by a Scottish partnership and—

• (a) it is committed with the consent or connivance of a partner; or

• (b) it is attributable to any neglect on the partner’s part,

the partner as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.

• (2) In paragraph (1) “partner” includes a person purporting to act as a partner.

PART 9 — Provision in relation to licensing authority in Scotland

Designation of licensing authority in Scotland

67

The GEMA is designated as the licensing authority for the purposes of the Heat Networks (Scotland) Act 2021[^f00051].

Part 1 of the Heat Networks (Scotland) Act 2021 amended

68

• (1) The Heat Networks (Scotland) Act 2021 is amended as follows.

• (2) After section 12 insert—

Enforcement (12A) (1) The conditions of a heat networks licence may be enforced as if— (a) they were conditions of a heat network authorisation, as defined in paragraph 13 of Schedule 18 to the Energy Act 2023, conferred on the person holding the heat networks licence; and (b) the licensing authority were the Regulator as defined in section 217 of that Act. (2) However, any offences created under Part 8 of the Energy Act 2023 have effect for the purpose of subsection (1) as if they were each triable only summarily and punishable on conviction with imprisonment for a period not exceeding 3 months or a fine not exceeding level 1 on the standard scale (or both).

• (3) After section 16 insert—

(16A) (1) The licensing authority must keep under review the supply of thermal energy by means of heat networks in Scotland. (2) The licensing authority must, so far as it appears to it to be practicable from time to time to do so, monitor the carrying on of the activity mentioned in subsection (1), and the persons by whom it is carried on, with a view to facilitating the exercise of its function of enforcing the conditions of heat network licences. (16B) (1) To enable the licensing authority to comply with the duty in section 16A(2), the licensing authority may, by notice given to a person supplying thermal energy by means of a heat network, require that person to provide in the form and manner specified in the notice— (a) documents specified or described in the notice that are in that person’s custody or under that person’s control; and (b) information specified or described in the notice that relates to matters the licensing authority is under a duty to monitor. (2) The notice must specify the time and place at which the person must give the documents or information to the licensing authority. (3) The requirements of this section may be enforced as if— (a) they were relevant requirements as defined in paragraph 37(6) of Schedule 18 to the Energy Act 2023; (b) the person to whom the notice under subsection (1) is given were a person holding a heat network authorisation within paragraph 13 of Schedule 18 to that Act; (c) the licensing authority were the Regulator as defined in section 217 of that Act; and (d) the modifications in relation to offences in section 12A(2) of this Act also applied for the purpose of this subsection. (16C) (1) The licensing authority must maintain records of information obtained under or by virtue of this Act relating to— (a) persons whose application for a heat networks licence has been refused; (b) persons whose heat networks licence has been revoked. (2) The licensing authority is not required to maintain any records referred to in subsection (1) for longer than it considers appropriate having regard to the nature of the records and the purposes for which they may lawfully be used or disclosed by the licensing authority. (3) This section does not affect the operation of the Public Records Act 1958[^f00052] or the data protection legislation (within the meaning of the Data Protection Act2018[^f00053]).

PART 10 — Review

Review

69

• (1) The Secretary of State must from time to time—

• (a) carry out a review of the regulatory provision contained in these Regulations; and

• (b) publish a report setting out the conclusions of the review.

• (2) Section 30(4) of the Small Business, Enterprise and Employment Act 2015[^f00054] requires that a report published under this regulation must, in particular—

• (a) set out the objectives intended to be achieved by the regulatory provision contained in these Regulations;

• (b) assess the extent to which those objectives are achieved;

• (c) assess whether those objectives remain appropriate; and

• (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

• (3) The first report must be published before the end of the period of five years beginning with the day on which regulation 1 comes into force.

• (4) Subsequent reports must be published at intervals not exceeding five years.

• (5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

SCHEDULE 1 — Service of notices, etc. by the Regulator

1

Any notice or other document required or authorised to be given, sent or served by the Regulator under these Regulations may be given, sent or served—

• (a) by delivering it to the person to whom it is to be given or sent or on whom it is to be served (“the recipient”);

• (b) by leaving it at the usual or last known place of abode of the recipient;

• (c) by sending it in a prepaid letter addressed to the recipient at the recipient’s usual or last known place of abode;

• (d) in the case of a body corporate, by delivering it to the secretary or clerk of the body (“the responsible person”) at their registered or principal office, or sending it in a prepaid letter addressed to the responsible person, or leaving it for the attention of the responsible person, at that office;

• (e) in the case of a partnership, by delivering it to a partner or a person having the control or management of the partnership business (“the responsible manager”) at the principal office of the partnership, or sending it in a prepaid letter addressed to the responsible manager, or leaving it for the attention of the responsible manager, at that office;

• (f) by leaving it at or sending it in a prepaid letter to an address within the United Kingdom provided by the recipient for the purpose of the service of documents of the same description as that document;

• (g) by sending it by electronic means to a number or address provided by the recipient for the purpose of the service of documents of the same description as that document.

2

For the purposes of this Schedule, the principal office of a body corporate registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

3

A notice or other document which is given or served in accordance with paragraph 1(g) is to be treated as having been given or served on the next working day after the day on which it is sent.

4

This Schedule does not apply to any document in relation to the service of which provision is made by rules of court[^f00055].

5

In this Schedule—

• “secretary”, in relation to a local authority within the meaning of the Local Government Act 1972[^f00056]or the Local Government (Scotland) Act 1973[^f00057], means the proper officer within the meaning of that Act;

• “working day” means any day other than— Saturday or Sunday; Christmas Day or Good Friday; a day which is a bank holiday in England and Wales or Scotland under the Banking and Financial Dealings Act 1971[^f00058].

SCHEDULE 2 — Inspections

1

An authorised officer may conduct an inspection.

2

An authorised person in relation to which an inspection is conducted must—

• (a) pay the reasonable costs of the inspectionif so required by the Regulator;

• (b) co-operate with theauthorised officer;

• (c) provide the authorised officer with access to their premisesin accordance with paragraph 3(a);

• (d) allow the authorised officer to examine, print, copy or remove any document or information, and examine or remove any material or equipment, in accordance with paragraph 3(d) or (e);

• (e) allow the authorised officer access to any person from whom the authorised officer seeks relevant information for the purposes of the inspection;

• (f) comply with any request made by, or requirement of, an authorised officer performing their functions under this Schedule.

3

The authorised officer may—

• (a) at any reasonable time enter the premises of an authorised person (except any premises used wholly or mainly as a private dwelling) if the authorised officer has reasonable grounds to believe that entry to those premises may be necessary or helpful for the purpose of the inspection;

• (b) require an authorised person to leave undisturbed and not to dispose of, render inaccessible or alter in any way any material, document, information, in whatever form and wherever it is held (including where it is held remotely), or equipment which is, or which the authorised officer considers to be, relevant for such period as is, or as the authorised officer considers to be, necessary for the purposes of the inspection;

• (c) require an authorised person to produce and provide the authorised officer with access, for the purposes of the inspection, to any such material, document, information or equipment which is, or which the authorised officer considers to be, relevant to the inspection, either immediately or within such period as the authorised officer may specify;

• (d) examine, print or copy any document or information, and examine any material or equipment, which is, or which the authorised officer considers to be, relevant;

• (e) remove any document, information, material or equipment (including for the purposes of printing or copying any document or information) for such period as is, or as the authorised officer considers to be, necessary for the purposes of the inspection;

• (f) conduct, or direct the authorised person to conduct, tests on any equipment;

• (g) take any other action that the authorised officer considers appropriate and reasonably required for the purposes of the inspection.

4

The authorised officer must—

• (a) produce proof of the authorised officer’s identity if requested by any person present at the premises; and

• (b) take appropriate and proportionate measures to ensure that any material, document, information or equipment removed in accordance with paragraph 3(e) is kept secure from unauthorised access, interference and physical damage.

5

Where under paragraph 3(e) an authorised officer removes any document, material or equipment, the authorised officer must provide, to the extent practicable, a notice giving—

• (a) sufficient particulars of that document, material or equipment for it to be identifiable; and

• (b) details of any procedures in relation to the handling or return of the document, material or equipment.

6

In this Schedule, “inspection” means any activity carried out (including any steps mentioned in paragraph 3) for the purpose of—

• (a) verifying compliance with the requirements of these Regulations or any other relevant requirement or any relevant condition; or

• (b) assessing or gathering evidence of potential or alleged failures to comply with the requirements of these Regulations or any other relevant requirement or any relevant condition,

including any necessary follow-up activity for either purpose.

Signed

Miatta Fahnbulleh — Minister for Energy Consumers — Department for Energy Security and Net Zero — 2nd March 2025

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision for regulating district heat networks (networks to which two or more buildings are connected) and communal heat networks (networks that operate in a single building, typically one divided into flats).

Part 1 of the Regulations contains definitions that are used throughout the Regulations, notably definitions of “authorised person” and “regulated activity”. It is a regulated activity to operate a district heat network or communal heat network or to supply heating, cooling or hot water by means of such a network (including to businesses or, in the case of district heat networks, communal heat networks). Except in narrow classes of case, the Regulations require persons who carry on regulated activities to be authorised and persons who have, or are treated as having, a heat network authorisation are referred to in the Regulations as authorised persons.

Under Part 8 of the Energy Act 2023, the heat networks regulator in England, Wales and Scotland (“the Regulator”) is the Gas and Electricity Markets Authority (“the GEMA”). Accordingly, when the Regulations refer to “the Regulator” this will normally be the GEMA. However, Part 2 of the Regulations also gives some Regulator functions (in respect of heat meter accuracy) to the Secretary of State. These are expected to be exercised by the Office for Product Safety and Standards. Part 2 also sets out the principal objective and over-arching duties of the Regulator.

Part 3 of the Regulations sets out the obligation to be authorised to carry out regulated activities (subject to exceptions) and contains provision about applying for an authorisation, authorisation conditions and modification and revocation of authorisations. It also contains transitional provisions under which existing heat network operators, etc. will be treated as having been authorised but will still need to supply specified information to the Regulator.

Part 4 of the Regulations sets out details of enforcement action that the Regulator will be able to take against authorised persons, including provisional and final orders, financial penalties and consumer redress orders. It also makes provision for certain functions of the Competition and Markets Authority to be exercised concurrently with the Regulator.

Part 5 of the Regulations sets out powers to require information that are available to the Regulator in connection with enforcement and in connection with the expiry and revocation of authorisations. It also (with Schedule 2) sets out a power for the Regulator to conduct inspections.

Chapter 1 of Part 6 of the Regulations enables the Regulator to make regulations about standards of performance to be met by authorised persons. These regulations are to be made by statutory instrument and must provide for compensation to be payable for failure to meet the standards. Chapter 2 of Part 6 provides for rules in the Consumers, Estate Agents and Redress Act 2007 about consumer advocacy, complaints procedures and redress schemes to apply, with specified modifications, for the benefit of heat network consumers. The Energy Ombudsman Scheme is established as the initial redress scheme in relation to heat networks.

Part 7 of the Regulations makes provision for money to be collected from authorisation fees to support consumer advocacy and advice and makes clear that if there were any surplus, after authorisation fees had been used for the purposes of the regulatory framework, it would need to be paid into the Consolidated Fund.

Part 8 of the Regulations creates offences of carrying on a regulated activity without authorisation, failure to provide information in response to a notice from the Regulator, provision of false or misleading information to the Regulator, intentionally altering, suppressing, etc. documents required to be provided to the Regulator, obstructing inspections under Part 5 and impersonation of persons exercising powers to enter premises.

Part 9 of the Regulations makes the GEMA the licensing authority for the purposes of the Heat Networks (Scotland) Act 2021 and amends that Act to make additional provision for monitoring compliance with, and enforcement of, conditions of heat networks licences issued under section 5(5) of the Act.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available atwww.legislation.gov.uk. Hard copies of the impact assessment can be obtained from the Heat Networks Policy team, Department for Energy Security and Net Zero, 55 Whitehall, London SW1A 2HP.

Footnotes

[^f00001]: 2023 c. 52; see section 219(9) for the meaning of “the appropriate authority” in section 219(1).

[^f00002]: See section 331(3) of the Energy Act 2023 for the meaning of the affirmative procedure.

[^f00003]: See section 332 of the Energy Act 2023 for the meaning of “the GEMA”.

[^f00004]: 2007 c. 17; section 43 was amended by the Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), article 1(3) and Schedule 1, paragraph 12(43) and by the Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), article 1(1) and Schedule, paragraph 7(12).

[^f00005]: 1998 c. 41.

[^f00006]: 2024 c. 13.

[^f00007]: 2002 c. 40.

[^f00008]: See paragraph 13 of Schedule 18 to the Energy Act 2023 for the meaning of “heat network authorisation”.

[^f00009]: Registered charity number 279057.

[^f00010]: Scottish charity number SC016637.

[^f00011]: See section 216 of the Energy Act 2023 for the meaning of “relevant heat network”.

[^f00012]: Section 217(1) of the Energy Act 2023 defines “the Regulator”, in relation to England and Wales and Scotland, as the GEMA but section 217(2) provides for the functions of “the Regulator” to be carried out by another person or body.

[^f00013]: 2008 c. 27. Section 1 was amended bythe Climate Change Act 2008 (2050 Target Amendment) Order 2019 (S.I. 2019/1056),articles 1 and 2.

[^f00014]: 2000 c. 27. Section 5A was inserted by the Sustainable Energy Act 2003 (c. 30), section 6 and amended by the Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), article 30(2) and by the Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regulation 5(3); it is prospectively amended by the Energy Act 2023, Schedule 17, paragraph 13.

[^f00015]: 1989 c. 29.

[^f00016]: 1986 c. 44.

[^f00017]: 1991 c. 56; the definition of “sewerage services” in section 219(1) was amended by theWater Act 2014 (c. 21),section 94(3) andSchedule 7, paragraph 120(2).

[^f00018]: 2002 c. 40.

[^f00019]: 1958 c. 51.

[^f00020]: 2018 c. 12. For the meaning of “the data protection legislation”, see section 3(9) of the Data Protection Act 2018.

[^f00021]: 2004 c. 34.

[^f00022]: 1998 c. 41; see Chapter 3 of Part 1.

[^f00023]: Consumer Scotland was established by the Consumer Scotland Act 2020 (asp 11).

[^f00024]: 1838 c. 110 (1 & 2 Vict); the rate was last amended by S.I. 1993/564.

[^f00025]: 1988 c. 36.

[^f00026]: S.I. 2002/1111.

[^f00027]: Section 31D was inserted by the Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261),regulation 1(a) and Schedule 1, paragraph 18 and amended by the Enterprise and Regulatory Reform Act 2013 (c. 24),section 103(3) and Schedule 5, paragraph 14.

[^f00028]: Section 35C is prospectively inserted by the Digital Markets, Competition and Consumers Act 2024, section 143 and Schedule 11, paragraph 6.

[^f00029]: Relevant amendments to section 38(1) to (6) were made by the Enterprise and Regulatory Reform Act 2013, Schedule 5 paragraph 22, section 40.4 and the Competition (Amendment etc.) (EU Exit) Regulations 2019, regulation 13(a) and 13(b) the Competition Act 1998 and Other Enactments (Amendment) Regulations 2004, Schedule 1, paragraph 23(2) and the Enterprise Act 2002, Schedule 25, paragraph 38(30).

[^f00030]: Relevant amendment to section 40B(1) to (4) was made by the Enterprise and Regulatory Reform Act 2013, section 40(2).

[^f00031]: Relevant amendments to section 51 were made by the Enterprise and Regulatory Reform Act 2013, Schedule 5, paragraph 31(2) to (4) and the Enterprise Act 2002, Schedule 25, paragraph 38(38)(a), 38(38)(c) and 38(38)(e).

[^f00032]: Relevant amendments to section 166 were made by the Enterprise and Regulatory Reform Act 2013, Schedule 5, paragraphs 196(2), 196(3)(a), 196(3)(b), 196(3)(c), 196(4), 196(5)(a) and 196(6).

[^f00033]: Section 167C is prospectively inserted by the Digital Markets, Competition and Consumers Act 2024, Schedule 11, paragraph 18.

[^f00034]: Relevant amendments to section 171 were made by the Enterprise and Regulatory Reform Act 2013, Schedule 5, paragraphs 201(2)(a) to (c), 201(3) to (5), 201(7)(a) and (b), 201(8)(a) and (b), 201(9) and (10) and the Competition (Amendment etc.) (EU Exit) Regulations 2019, regulation 57.

[^f00035]: Relevant amendment to section 174(e) was made by the Enterprise and Regulatory Reform Act 2013, Schedule 11, paragraph 1.

[^f00036]: Relevant amendments to section 31D were made by the Competition Act 1998 and Other Enactments (Amendment) Regulations 2004, Schedule 1 paragraph 18 and the Enterprise and Regulatory Reform Act 2013, Schedule 5, paragraph 14.

[^f00037]: Relevant amendment to section 35C was made by the Digital Markets, Competition and Consumers Act 2024, Schedule 11, paragraph 6.

[^f00038]: Relevant amendments to section 38(1) to (6) were made by the Enterprise and Regulatory Reform Act 2013, Schedule 5, paragraph 22 and section 40(4) and the Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regulation 13(a) and (b) and the Competition Act 1998 and Other Enactments (Amendment) Regulations 2004, Schedule 1, paragraph 23(2) and the Enterprise Act 2002, Schedule 25, paragraph 38(30).

[^f00039]: Relevant amendment to section 40B(1) to (4) was made by the Enterprise and Regulatory Reform Act 2013, section 40(2).

[^f00040]: Relevant amendments to section 51 were made by the Enterprise and Regulatory Reform Act 2013, Schedule 5, paragraph 31(2) to (4) and the Enterprise Act 2002, Schedule 25, paragraph 38(38)(a), (c) and (e).

[^f00041]: Relevant amendments to section 52(6) were made by the Enterprise and Regulatory Reform Act 2013, Schedule 5, paragraph 32(4) and the Enterprise Act 2002, Schedule 25, paragraph 38(39)(d).

[^f00042]: Relevant amendment to section 52(8) was made by the Enterprise and Regulatory Reform Act 2013, Schedule 5, paragraph 32(4).

[^f00043]: Relevant amendments to section 54 were made by the Enterprise Act 2002, Schedule 25, paragraph 38(41)(a), the Communications Act 2003, section 371(5)(a), the Enterprise and Regulatory Reform Act 2013, Schedule 15, paragraph 11(a), and the Water Act 2003, Schedule 7, paragraph 32(2).

[^f00044]: Relevant amendments to section 5 were made by the Enterprise and Regulatory Reform Act 2013, Schedule 5, paragraph 60(2).

[^f00045]: Relevant amendments to section 130A were made by the Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014, Schedule 12, paragraph 1.

[^f00046]: Relevant amendments to section 131 were made by the Enterprise and Regulatory Reform Act 2013, section 33(2), (3) and (4)(a) and (b), Schedule 5, paragraph 163(2) and (3) and Schedule 10, paragraph 2(2) and (3).

[^f00047]: Relevant amendments to section 117 were made by the Enterprise and Regulatory Reform Act 2013, section 29(11), Schedule 5, paragraph 151 and the Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014, Schedule 1, paragraph 6.

[^f00048]: Relevant amendments to Part 1 were made by the Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regulation 3(2) and (3), the Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), Schedule 1, paragraph 12, the Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regulation 77, the Gas (Internal Markets) Regulations 2020 (S.I. 2020/625), regulation 8 and the Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), Schedule, paragraph 7.

[^f00049]: The Energy Ombudsman Deed Poll is available at https://lightning.nativeforms.app/m0/YeUDXXa2SQ2b or in hard copy from Energy Ombudsman, P.O. Box 966, Warrington WA4 9DF.

[^f00050]: The Terms of Reference: Energy Sector and the Membership Rules for Participating Companies are available at https://www.energyombudsman.org/terms-of-reference or in hard copy from Energy Ombudsman, P.O. Box 966, Warrington WA4 9DF.

[^f00051]: 2021, asp 9.

[^f00052]: 1958 c. 51.

[^f00053]: 2018 c. 12. For the meaning of “the data protection legislation”, see section 3(9) of the Data Protection Act 2018.

[^f00054]: 2015 c. 26.

[^f00055]: See Schedule 1 to the Interpretation Act 1978 (c. 30) for the meaning of “rules of court”.

[^f00056]: 1972 c. 70.

[^f00057]: 1973 c. 65.

[^f00058]: 1971 c. 80.

Editorial notes

[^key-05e416f44e44c6020a311dfbe82413ad]: Reg. 1 in force at 3.3.2025, see reg. 1(2)(a)

[^key-0127f7168b62425e5e8d0381e583b51c]: Reg. 2 in force at 3.3.2025, see reg. 1(2)(b)

[^key-8226698e74da2ff74fb9ffc8fdeebc55]: Reg. 3 in force at 27.1.2026, see reg. 1(4)

[^key-4dfb58fa78727cfa35428d7e625dc17e]: Reg. 4 in force at 3.3.2025 for specified purposes, see reg. 1(2)(c)

[^key-1b075162b2e64a97f68bedfe501f9d6b]: Reg. 4 in force at 27.1.2026 in so far as not already in force, see reg. 1(4)

[^key-0aa17f66a0a28537ca9d9398dcfd8d06]: Reg. 5 in force at 3.3.2025 for specified purposes, see reg. 1(2)(c)

[^key-147d0be53fb7bb9b129a131a329b54d8]: Reg. 5 in force at 27.1.2026 in so far as not already in force, see reg. 1(4)

[^key-4a80b86745e33a56bfae0f2bd384ae0a]: Reg. 6 in force at 3.3.2025 for specified purposes, see reg. 1(2)(c)

[^key-7eab4abaa342133c9d541b677c0d9438]: Reg. 6 in force at 27.1.2026 in so far as not already in force, see reg. 1(4)

[^key-fb1e1d73cfe0e23b03c64cb75274a48d]: Reg. 7 in force at 3.3.2025 for specified purposes, see reg. 1(2)(c)

[^key-d066330f0040da264010501679c72347]: Reg. 7 in force at 27.1.2026 in so far as not already in force, see reg. 1(4)

[^key-11cf6bee1290160cdea9a21c850c5ef3]: Reg. 8 in force at 3.3.2025 for specified purposes, see reg. 1(2)(c)

[^key-5219b946c9c11e34cf22a9add2970714]: Reg. 8 in force at 27.1.2026 in so far as not already in force, see reg. 1(4)

[^key-87d719756cc7008c6061cc37bf8d82fb]: Reg. 9 in force at 27.1.2026, see reg. 1(4)

[^key-2d5f2ecc0b3adf087ec19dfcf36cf59e]: Reg. 10 in force at 27.1.2026, see reg. 1(4)

[^key-5d3c186a7270c82d40abb96fb708a43c]: Reg. 11 in force at 27.1.2026, see reg. 1(4)

[^key-e11609184f955e92fc36c7dfc5bb9fa8]: Reg. 12 in force at 27.1.2026, see reg. 1(4)

[^key-4a833ad830ebe519995baf21980c6c09]: Reg. 13 in force at 3.3.2025, see reg. 1(2)(d)

[^key-0c35252eef979cc49b31ebbe0ef181ca]: Reg. 14 in force at 1.4.2025, see reg. 1(3)(a)

[^key-20adc1822863358af4ecc3051c4d0065]: Reg. 15 in force at 3.3.2025, see reg. 1(2)(e)

[^key-f65eb7fefd2297888f3c9092e89f32ce]: Reg. 16 in force at 27.1.2026, see reg. 1(4)

[^key-0638a3d0c92e393a4160c59b8d229ba4]: Reg. 17 in force at 27.1.2026, see reg. 1(4)

[^key-3c31691b0cbfe8c4051b079f8751b50b]: Reg. 18 in force at 3.3.2025, see reg. 1(2)(f)

[^key-d3f8f01a287fe7923e48c10e979e6be5]: Reg. 19 in force at 27.1.2026, see reg. 1(4)

[^key-188ec89ce4590ecc932e420ece31b1cf]: Reg. 20 in force at 3.3.2025 for specified purposes, see reg. 1(2)(g)

[^key-250750b5c855f401077f1f069af79d3e]: Reg. 21 in force at 27.1.2026, see reg. 1

[^key-ee5cf638f72b4cbc50a1a94307ce0fb6]: Reg. 22 in force at 27.1.2026, see reg. 1(4)

[^key-4ca62f6a273c97b85e98b170ea0f9e4d]: Reg. 23 in force at 27.1.2026, see reg. 1(4)

[^key-bb16cd5f948a2b96590662e13e0e910c]: Reg. 24 in force at 27.1.2026, see reg. 1(4)

[^key-155dd8906fe899e6c13912e62c270be2]: Reg. 25 in force at 27.1.2026, see reg. 1(4)

[^key-0856ac72b8b652f1059ae12cb558a0b6]: Reg. 26 in force at 1.4.2025, see reg. 1(3)(b)

[^key-1aea6cd92031d9af57ee2cc762f35b61]: Reg. 27 in force at 1.4.2025, see reg. 1(3)(c)

[^key-30a7febf90b9fa2b2c6e8a4bb6e65f2f]: Reg. 28 in force at 27.1.2026, see reg. 1(4)

[^key-481c1db7276abee763916eaeed531680]: Reg. 29 in force at 27.1.2026, see reg. 1(4)

[^key-26261e41109eac656e2c90a3dde4c56e]: Reg. 30 in force at 27.1.2026, see reg. 1(4)

[^key-bdbe48acdd0118c957128c40b369db70]: Reg. 31 in force at 27.1.2026, see reg. 1(4)

[^key-abbf056573bebdc3b1bd12fed4a4ccb6]: Reg. 32 in force at 27.1.2026, see reg. 1(4)

[^key-05e2245315b8742cb884bf2a5119054a]: Reg. 33 in force at 27.1.2026, see reg. 1(4)

[^key-c3c7ab030a4188bb8e30463ba6dff8e7]: Reg. 34 in force at 27.1.2026, see reg. 1(4)

[^key-61e77871d88f8d737f513e725d530c77]: Reg. 35 in force at 27.1.2026, see reg. 1(4)

[^key-62673df1233b420d0c3cdc064f77e999]: Reg. 36 in force at 27.1.2026, see reg. 1(4)

[^key-4cb937bc8a3451ef36aa4a5b64d34664]: Reg. 37 in force at 27.1.2026, see reg. 1(4)

[^key-2671e519bd6d9e5b3db6c4238f592f3d]: Reg. 38 in force at 27.1.2026, see reg. 1(4)

[^key-053680860dccfc0d9909e4dcc5ed516d]: Reg. 39 in force at 27.1.2026, see reg. 1(4)

[^key-cb99c3210daba4c5a6130f12cc17291a]: Reg. 40 in force at 27.1.2026, see reg. 1(4)

[^key-374b89aaa9f8880688e3d3adc39e546b]: Reg. 41 in force at 27.1.2026, see reg. 1(4)

[^key-aa3dc8617efca8ee4120f8b8473f346a]: Reg. 42 in force at 27.1.2026, see reg. 1(4)

[^key-d693579f9e9591afa53ff63c8e83618d]: Reg. 43 in force at 27.1.2026, see reg. 1(4)

[^key-d0494e0965b2f901d05ce6a2c6158710]: Reg. 44 in force at 27.1.2026, see reg. 1(4)

[^key-dfa46a6c4c5204c203369a42902ae999]: Reg. 45 in force at 27.1.2026, see reg. 1(4)

[^key-18a40035f9dee98e55dea030e951238d]: Reg. 46 in force at 27.1.2026, see reg. 1(4)(5)

[^key-434c056a32b0cdbc0238f9545d563b3c]: Reg. 47 in force at 27.1.2026, see reg. 1(4)(5)

[^key-1c0febdb4e8427070d73062af0357e0f]: Reg. 48 in force at 27.1.2026, see reg. 1(4)

[^key-202573290b7996112c45b1f6d95bf433]: Reg. 49 in force at 27.1.2026, see reg. 1(4)

[^key-86864bd0568751a2cea6733ef995e1dd]: Reg. 50 in force at 3.3.2025, see reg. 1(2)(h)

[^key-f55832a8755052b2842d59d456b03542]: Reg. 51 in force at 3.3.2025, see reg. 1(2)(h)

[^key-e8622b1b5c46a10f58f1674d9ebb1cc9]: Reg. 52 in force at 3.3.2025, see reg. 1(2)(h)

[^key-6759a53550116e9d5575f8f48468e0fe]: Reg. 53 in force at 3.3.2025, see reg. 1(2)(h)

[^key-2ade186c214a7a16ffb73736a9347498]: Reg. 54(1)-(3)(5)(10) in force at 3.3.2025, see reg. 1(3)(d)

[^key-9d947f47210d6989e546e79f5e619e51]: Reg. 54(4)(6)-(9) in force at 27.1.2026, see reg. 1(4)

[^key-bc39036e9f61e6fea7385777013e9a48]: Reg. 55 in force at 1.4.2025, see reg. 1(3)(e)

[^key-2b023fb3650649377acc09eb4d21943d]: Reg. 56 (1)-(8) in force at 3.3.2025 for specified purposes, see reg. 1(2)(i)

[^key-184bc6c85d3a2845e11535de0c2f79de]: Reg. 56(9)-(11) in force at 1.4.2025, see reg. 1(3)(f)

[^key-5f7995e7ecd636f651d26036de2252e3]: Reg. 56(1)-(8) in force at 27.1.2026 in so far as not already in force, see reg. 1(4)

[^key-b7ca7e88932cfd79f3aff5c887ffdc87]: Reg. 57 in force at 27.1.2026, see reg. 1(4)

[^key-7adeb65ee7374f44cf16d114cff736f2]: Reg. 58 in force at 27.1.2026, see reg. 1(4)

[^key-0b5a1094c05ef854c26bf1bb31080a06]: Reg. 59 in force at 27.1.2026, see reg. 1(4)

[^key-4f75f2b507881b15395a9c79524058d7]: Reg. 60 in force at 27.1.2026, see reg. 1(4)

[^key-b3e484f7b65f35f563adaa910c84d6b5]: Reg. 61 in force at 27.1.2026, see reg. 1(4)

[^key-3015b2f90bae5dc717474ed623452740]: Reg. 62 in force at 27.1.2026, see reg. 1(4)

[^key-4af406c3fdca93968cf051f22634bafe]: Reg. 63 in force at 27.1.2026, see reg. 1(4)

[^key-41873cdcf3ef8d44d02d174de7d09a6b]: Reg. 64 in force at 27.1.2026, see reg. 1(4)

[^key-46e60a33896b2f38a158b12659aaaada]: Reg. 65 in force at 27.1.2026, see reg. 1(4)

[^key-897fabaf5067e840a36d6248047ce516]: Reg. 66 in force at 27.1.2026, see reg. 1(4)

[^key-fa794519b899b6ccec9113aac9ee327a]: Reg. 67 in force at 27.1.2026, see reg. 1(4)

[^key-ec59288bf213952ddd2142a0c9945adf]: Reg. 68 in force at 27.1.2026, see reg. 1(4)

[^key-9ec8799d356eedadb252df406efd4444]: Reg. 69 in force at 27.1.2026, see reg. 1(4)

[^key-48237cf11869b1cda1b8ce052eb5f5f8]: Sch. 1 para. 1 in force at 27.1.2026, see reg. 1(4)

[^key-b2e028d42e94d57e7cae7a86aa62ce4b]: Sch. 1 para. 2 in force at 27.1.2026, see reg. 1(4)

[^key-9af3a99c096c924414f41a5699a38847]: Sch. 1 para. 3 in force at 27.1.2026, see reg. 1(4)

[^key-5705cbe3bfefda5fa2128dd2739a8130]: Sch. 1 para. 4 in force at 27.1.2026, see reg. 1(4)

[^key-8bde1c21883c233ab5ac1c706def63f3]: Sch. 1 para. 5 in force at 27.1.2026, see reg. 1(4)

[^key-aa4fa606f85d5817a3faa4f7eec8b6a9]: Sch. 2 para. 1 in force at 27.1.2026, see reg. 1(4)

[^key-2d0d754f9c70a3e1e0dd79f3967feb5f]: Sch. 2 para. 2 in force at 27.1.2026, see reg. 1(4)

[^key-52085b01a2c9c2d6319b300930673c95]: Sch. 2 para. 3 in force at 27.1.2026, see reg. 1(4)

[^key-4beaf524a61f5ad4b61c390f963200db]: Sch. 2 para. 4 in force at 27.1.2026, see reg. 1(4)

[^key-3c197a4bc0d72e88990d99a7ffafc268]: Sch. 2 para. 5 in force at 27.1.2026, see reg. 1(4)

[^key-036c1a9ee4727647b60eefaf3772781e]: Sch. 2 para. 6 in force at 27.1.2026, see reg. 1(4)