Legislation – Energy Act 2023

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Part 4New technology

Chapter 2Hydrogen grid conversion trials

154Regulations for protection of consumers

(1)

The Secretary of State may by regulations make provision—

(a)

requiring a gas transporter to take specified steps to secure that consumers in a trial location are properly informed about a hydrogen grid conversion trial being conducted in the trial location;

(b)

requiring a gas transporter to take specified steps to secure that consumers are given adequate warning of the need for their premises to be disconnected for the purposes of a hydrogen grid conversion trial;

(c)

about the enforcement of requirements imposed by virtue of paragraph (a) or (b).

(2)

Regulations under subsection (1) may confer functions on gas transporters in connection with the discharge of requirements imposed by the regulations.

(3)

The provision that may be made by virtue of subsection (1)(c) includes provision for the imposition of civil penalties in respect of a failure to comply with a requirement imposed by the regulations (but does not include provision for the creation of a criminal offence).

(4)

The Secretary of State may by regulations make provision designed to secure protection for consumers and other people who are affected, or likely to be affected, by a hydrogen grid conversion trial.

(5)

The provision that may be made by regulations under subsection (4) includes, for example, provision—

(a)

about the making of complaints about the exercise by a gas transporter of a power conferred by a relevant statutory provision;

(b)

about the award of redress in specified circumstances;

(c)

imposing requirements on gas transporters or other persons to provide information to consumers and others;

(d)

for securing that consumers and others are not required to incur expenditure, or are not otherwise financially disadvantaged, as a result of a hydrogen grid conversion trial;

(e)

for securing fair treatment of consumers and others before, during and after a hydrogen grid conversion trial;

(f)

about the quality of products provided to consumers and others and the quality of works carried out on premises owned by consumers and others;

(g)

about the enforcement of requirements imposed by the regulations on gas transporters or other persons.

(6)

The provision that may be made by virtue of subsection (5)(g) includes provision for the imposition of civil penalties in respect of a failure to comply with a requirement imposed by the regulations (but does not include provision for the creation of a criminal offence).

(7)

Where regulations under this section make provision for a civil penalty, they must also include provision for a right of appeal to a court or tribunal against the imposition of the penalty.

(8)

Regulations under this section are subject to the negative procedure.

(9)

In this section—

“consumer” and “disconnected” have the same meaning as in Schedule 2B to the Gas Act 1986 (see paragraph 1(1) of that Schedule);

“gas transporter” means—

(a)

a gas transporter within the meaning of Part 1 of the Gas Act 1986 (see section 7 of that Act), or

(b)

any other person who—

(i)
is conducting a hydrogen grid conversion trial, and
(ii)
does not require a licence under section 7 of the Gas Act 1986 as a result of an exemption under section 6A of that Act;

“hydrogen grid conversion trial” and “trial location” have the same meaning as in section 153;

“specified” means specified by regulations.