A party seeking to restrict another's commercial activities must consider whether such terms are normal in similar, factual and contractual circumstances.
The Heat Network (Metering and Billing) Regulations 2014 (the Regulations) place certain responsibilities on anyone supplying and charging for heating, cooling or hot water (the heat supplier).
It is a legislative requirement under these Regulations for heat suppliers operating heat networks to submit a notification to the Office for Product Safety & Standards (OPSS), including the following information:
- Location of the heat network;
- Estimated total per calendar year of (i) installed heating capacity, (ii) heat generated, and (iii) heat supplied;
- The number and type of buildings supplied by that heat network;
- The number and type of meters or heat cost allocators installed;
- The number of final customers supplied by the heat network;
- The name and business address of heat supplier;
- Results of any analysis into the cost effectiveness or technical feasibility that has been carried out in accordance with the Regulations, as well as details of any meters or heat cost allocators which has been installed as a result.
When do I need to notify the OPSS?
The deadline for submitting forms to the OPSS was initially 31 December 2015, and an updated notification must be submitted within four years of the initial notification and repeated on an (at least) four-yearly basis. Additionally, the OPSS should be informed of newly created heat networks on or before the date they come into operation.
For heat networks that existed before 30 April 2015, the original deadline for first notification was 31 December 2015. Therefore the four-year deadline for providing an updated notification was December 2019 and has now passed. Any notifications submitted after this time are to be considered ‘late’.
How do I comply with my notification obligations?
Offence and penalty
It is an offence to fail to comply with the notification requirements under the Regulations.
The penalty for non-compliance is that the person found guilty shall be liable on summary conviction to a fine not exceeding the statutory maximum.
How we can help you
- We can help you determine who the notification obligations lie with for a particular network;
- We can assist you with your notification requirements, including any late applications;
- For future heat network projects, we can assist you in setting out regulatory obligations in the relevant construction contracts.
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