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PART 2U.K.Duties in respect of metering and billing

Duty to notifyU.K.

3.—(1) Heat suppliers must, in relation to each district heat network or communal heating operated by them, submit a notification to the Secretary of State, or in relation to a Scottish network the Scottish Ministers, as to the following—

(a)the location of that district heat network or communal heating;

(b)the estimated total for that district heat network or communal heating, per calendar year, of—

(i)installed heating capacity,

(ii)heat generated, and

(iii)heat supplied;

(c)the number and type of buildings supplied by that district heat network or communal heating;

[F1(ca)the number of buildings supplied by that district heat network or communal heating in each class;]

(d)the number and type of meters or heat cost allocators installed in any buildings supplied by that district heat network or communal heating;

(e)the number of final customers supplied by that district heat network or communal heating;

(f)the name and business address of the heat supplier;

(g)where any analysis [F2has been carried out in accordance with Schedule 1 for the purpose of regulation 4 or 6], the results of that analysis together with details of any meters or heat cost allocators which have been installed as a result;

(h)the expected frequency and content of billing information provided by the heat supplier to the final customers; and

(i)any other information reasonably required by an authorised person for the purpose of determining whether the heat supplier has complied with the duties in these regulations.

(2) Heat suppliers must comply with the duty in paragraph (1)—

(a)on or before the [F331st December 2015]; or

(b)in relation to a district heat network or communal heating that commences operation after [F331st December 2015], on or before the first date of operation.

(3) [F4Subject to paragraph (4), a] heat supplier must submit an updated notification within four years of the date of the first notification submitted and within every four year period thereafter from the date of the previous notification.

[F5(4) If an updated notification is due to be submitted by a heat supplier in the period beginning on 27th November 2020 and ending on 1st September 2022, the heat supplier may submit the updated notification at any time before the end of that period.

(5) A change of heat supplier in relation to a district heat network or communal heating does not alter the period within which the heat supplier must comply with paragraph (3).

(6) A notification or updated notification must be submitted in a form approved by the Secretary of State or, in relation to a Scottish network, the Scottish Ministers.

(7) The Secretary of State or, in relation to a Scottish network, the Scottish Ministers may—

(a)reject a notification or updated notification that does not comply with paragraph (6); and

(b)require the heat supplier to resubmit the notification or updated notification in a form that complies with that paragraph.

(8) In this regulation, “class” in relation to a building supplied by a district heat network or communal heating means viable class, open class or exempt class within the meaning of regulation 2A.]

Textual Amendments

Duty to install metersU.K.

4.—(1) Where heating, cooling or hot water is supplied from a district heat network to a building occupied by more than one final customer, the heat supplier must ensure that meters are installed to measure that heating, cooling or hot water to that building.

(2) A meter installed in accordance with paragraph (1) must be situated at a heat exchanger in that building or at the point of entry of the district heat network pipes into the building.

[F6(2A) Heat suppliers must comply with paragraph (3) or (4) in respect of all buildings in the viable class supplied by a district heat network or communal heating operated by them.

(2B) A heat supplier must comply with paragraph (3) or (4) before 1st September 2022 in respect of a building which first falls within the open class before that date, where the heat supplier determines that it is cost effective and technically feasible to install meters in the building.

(2C) A determination for the purpose of paragraph (2B) is to be made—

(a)before 27th November 2021, where the building first falls within the open class before that date; or

(b)otherwise, before 1st September 2022.

(2D) Where a heat supplier determines that it is cost effective and technically feasible to install meters in a building which first falls within the open class on or after 1st September 2022, the heat supplier must comply with paragraph (3) or (4) when the building first falls within the open class.]

(3) Where only one final customer occupies a building supplied by a district heat network, the heat supplier must ensure that meters are installed to measure the consumption of heating, cooling or hot water by that final customer.

(4) Where there is more than one final customer in a building supplied by a district heat network, or by communal heating, the heat supplier must ensure that [F7sufficient] meters are installed to measure the consumption of heating, cooling or hot water by each final customer.

F8(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(6) A determination as to whether it is cost effective and technically feasible to install meters in a building must be made on the basis of an analysis carried out in accordance with Schedule 1.

(7) Within four years of making a determination, a heat supplier who determines that it is not cost effective or technically feasible to install meters in the building—

(a)must make a further determination; and

(b)if the heat supplier then determines that it is cost effective and technically feasible to install meters in the building, must comply with paragraph (3) or (4) within that four year period.

(7A) Paragraph (7) does not apply where meters to which paragraph (3) or (4) applies or heat cost allocators, thermostatic radiator valves and hot water meters to which regulation 6(2) applies have been installed in the building.]

(8) Where a meter to which paragraph (3) or (4) applies is installed, the heat supplier must ensure that temperature control devices are installed to enable the control of the consumption of heating or cooling by a final customer from that district heat network or communal heating.

F10(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1S. 4(1)-(3), (5)-(9) in force at 18.12.2014, s. 4(4) in force at 31.12.2016, see reg. 1

[F11Requirements relating to metersU.K.

5.  Where [F12a meter is installed, the] heat supplier must ensure that the meter accurately measures, memorises and displays the consumption of heating, cooling or hot water by a final customer.]

Textual Amendments

Duty to install heat cost allocators, thermostatic radiator valves and hot water metersU.K.

6.—(1) Where—

(a)there is more than one final customer in a building supplied by a district heat network or communal heating,

(b)the heat supplier supplies both heating and hot water to that building, and

(c)the heat supplier has determined that it is not cost effective or technically feasible to install meters in accordance with regulation 4(4),

the heat supplier must comply with paragraph (2).

(2) A heat supplier must ensure that the following are installed—

(a)heat cost allocators and thermostatic radiator valves at each room heating radiator in order to determine and enable the control of the consumption of heating by each final customer, and

(b)a hot water meter.

[F13(2A) A heat supplier must comply with paragraph (2) before 1st September 2022 in respect of a building which first falls within the open class before that date where—

(a)the heat supplier determines that it is cost effective to install heat cost allocators, thermostatic radiator valves and hot water meters in the building; and

(b)it is technically possible to do so.

(2B) A determination for the purpose of paragraph (2A)(a) is to be made—

(a)before 27th November 2021, where the building first falls within the open class before that date; or

(b)otherwise, before 1st September 2022.

(2C) Where a heat supplier determines that it is cost effective to install heat cost allocators, thermostatic radiator valves and hot water meters in a building which first falls within the open class on or after 1st September 2022 and it is technically possible to do so, the heat supplier must comply with paragraph (2) when the building first falls within the open class.]

F14(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(4) A determination as to whether it is cost effective to install heat cost allocators, thermostatic radiator valves and hot water meters in a building must be made on the basis of an analysis carried out in accordance with Schedule 1.

(5) A heat supplier who determines that it is not cost effective to install heat cost allocators, thermostatic radiator valves and hot water meters in a building—

(a)may employ alternative methods for determining charges for the supply of heating and hot water including using meters installed in accordance with regulation 4(1); and

(b)within four years of making a determination as to cost effectiveness—

(i)must make a further determination as to cost effectiveness; and

(ii)if the heat supplier then determines that it is cost effective to install heat cost allocators, thermostatic radiator valves and hot water meters in the building, must comply with paragraph (2) within that four year period.

(5A) Paragraph (5) does not apply where meters to which regulation 4(3) or (4) applies or heat cost allocators, thermostatic radiator valves and hot water meters to which paragraph (2) applies have been installed in the building.]

(6) [F16Where F17... a heat cost allocator is installed,] the heat supplier must ensure that it accurately measures, memorises and displays the consumption of heat by a room heating radiator.

F18(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A “hot water meter” is a meter to measure consumption of hot water by a final customer.

Textual Amendments

Replacement of existing metersF19...U.K.

7.—(1) Where an existing meter which is part of a district heat network or communal heating is replaced the heat supplier must ensure that the replacement meter [F20accurately measures, memorises and displays the consumption of heating, cooling or hot water by a final customer].

F21(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A heat supplier need not comply with paragraph (1) if it would be technically impossible to do so or the estimated cost would be unreasonable.

F22(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

On-going obligations in relation to meters and heat cost allocatorsU.K.

8.  [F23Where F24... meters or heat cost allocators are installed,] the heat supplier must so far as possible ensure those meters and heat cost allocators are —

(a)continuously operating [F25correctly], and

(b)properly maintained and periodically checked for errors.

Textual Amendments

BillingU.K.

9.—(1) Subject to paragraphs (2) and (4), [F26where F27... meters or heat cost allocators] are installed, the heat supplier must ensure that bills and billing information for the consumption of heating, cooling or hot water by a final customer are—

(a)accurate;

(b)based on actual consumption; and

(c)compliant with the requirements in Schedule 2.

(2) A heat supplier need not comply with paragraph (1) unless it is technically possible and economically justified to do so.

(3) A determination of what is technically possible and economically justified under paragraph (2) must be made by the heat supplier in accordance with Schedule 2.

(4) Where bills or billing information are based on meter readings to be provided by a final customer but that customer has not provided a meter reading, a bill may be based on an estimate of consumption.

(5) The heat supplier must not make a specific charge to a final customer for the provision of a bill or billing information other than in respect of the supply of additional copies of that bill or that billing information.

(6) Where bills and billing information relate to the consumption of heating, cooling or hot water by final customers in a building occupied by more than one final customer—

(a)the heat supplier's costs of providing such bills and billing information may be passed on to those final customers provided that no profit is made from such charges, or

(b)where the heat supplier has assigned the task of providing bills or billing information to a third party the reasonable costs of providing them may be passed on to those final customers.

(7) Heat suppliers must—

(a)supply a final customer's billing information to an energy services provider at the request of that final customer;

(b)provide electronic billing and billing information at the request of a final customer;

(c)provide a clear explanation of the information contained in a bill, including how the bill was calculated and specifying fixed and variable charges; and

(d)ensure that information and estimates of energy costs are provided to a final customer promptly where requested, and in a format which enables customers to compare the charges of different energy suppliers.

(8) In paragraph (7)(a), “energy services provider” means a person who supplies energy efficiency services.

Textual Amendments

Modifications etc. (not altering text)