The Heat Network (Metering and Billing) (Amendment) Regulations 2015

This Statutory Instrument has been printed to correct errors in S.I. 2014/3120 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2015 No. 855

Energy

The Heat Network (Metering and Billing) (Amendment) Regulations 2015

Made

23rd March 2015

Laid before Parliament

25th March 2015

Coming into force

20th April 2015

These Regulations are made by the Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to energy and energy sources(2) in exercise of the powers conferred by section 2(2) of that Act.

Citation and commencement and interpretation

1.  These Regulations may be cited as the Heat Network (Metering and Billing) (Amendment) Regulations 2015 and come into force on 20th April 2015.

Amendments to the Heat Network (Metering and Billing) Regulations 2014

2.  The Heat Network (Metering and Billing) Regulations 2014(3) are amended as follows.

Amendment to regulation 3 (duty to notify)

3.  In regulation 3(2), for “30th April 2015” substitute “31st December 2015” in both places where it occurs.

Amendment to regulation 4 (duty to install meters)

4.  Omit regulation 4(9).

Amendment to regulation 5

5.  For regulation 5 substitute—

“Requirements relating to meters

5.   Where these Regulations impose a duty on a heat supplier to ensure that a meter is installed, that heat supplier must ensure that the meter accurately measures, memorises and displays the consumption of heating, cooling or hot water by a final customer.”.

Amendment to regulation 6 (duty to install heat cost allocators etc)

6.—(1) In regulation 6(6) for “Where a heat cost allocator to which this regulation applies is installed” substitute “Where this regulation imposes a duty on a heat supplier to ensure that a heat cost allocator is installed,”.

(2) Omit regulation 6(7).

Amendment to regulation 7 (replacement of existing meters, new buildings and major renovations)

7.—(1) In regulation 7(2) for “install sufficient meters” substitute “ensure that sufficient meters are installed”.

(2) In regulation 7(4)(d) after “insurance purposes” insert “at the time immediately before the renovation of the building is commenced”.

Amendment to regulation 8 (ongoing obligations in relation to meters and heat cost allocators)

8.  In regulation 8 for “Where meters or heat cost allocators to which these Regulations apply are installed” substitute “Where these Regulations impose a duty on a heat supplier to ensure that meters or heat cost allocators are installed,”.

Amendment to regulation 9 (billing)

9.  In regulation 9(1) for “where meters or heat cost allocators to which these Regulations apply” substitute “where these Regulations impose a duty on a heat supplier to ensure that meters or heat cost allocators”.

Amendment to regulation 13 (penalties)

10.  In regulation 13(1)—

(a) omit “not exceeding the statutory maximum,” and

(b) after “Scotland” insert “or Northern Ireland”.

Amendment to regulation 14 (time limit for prosecution of offences)

11.  In regulation 14(1), for “these Regulations may be tried by summary proceedings” substitute “regulation 11(1)(a), (e) or (f) or (3) may be tried”.

Amendment to regulation 15 (review)

12.  In regulation 15(2) for “the Directive is” substitute “Articles 9(1) and (3), 10 and 11 of Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency(4) are”.

Amber Rudd

Parliamentary Under Secretary of State

Department of Energy and Climate Change

23rd March 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations correct errors in the Heat Network (Metering and Billing) Regulations 2014(5) (“the 2014 Regulations”). They also amend the date by which a heat supplier must submit a notification under regulation 3(1) of the 2014 Regulations.

The 2014 Regulations transposed Articles 9(1) and (3), 10 and 11 of Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC(6).

Regulation 3 amends regulation 3(2) of the 2014 Regulations so that heat suppliers must comply with the duty in regulation 3(1) by 31st December 2015, or on or before the first day of operation for a district heat network or communal heating which commences operation after 31st December 2015.

Regulations 4, 5, 6, 7(1), 8 and 9 amend the 2014 Regulations to clarify the meters and heat cost allocators referred to.

Regulation 7(2) clarifies the point in time at which the “value of the building” in regulation 7(4)(b) of the 2014 Regulations is to be calculated.

Regulation 10 amends the description of the maximum penalty following summary conviction for an offence listed in regulation 13(1) of the 2014 Regulations. Regulation 11 amends regulation 14(1) of the 2014 Regulations so that the time limit for prosecution of offences only applies in respect of a summary offence. Regulation 12 describes the Directive referred to in regulation 15(2) of the 2014 Regulations.

A full regulatory impact assessment has not been produced for this instrument as no impact on the costs of business, the voluntary sector or the public sector is foreseen.

(1)

1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c.7), section 3(3), Schedule, Part 1.

(2)

European Communities (Designation) Order 2010 (S.I. 2010/761).

(3)

S.I. 2014/3120.

(4)

OJ No. L315, 14.11.2012, p.1.

(5)

S.I. 2014/3120.

(6)

OJ No. L315, 14.11.2012, p.1.