Open and Co-operative
Condition A10, Open and Co-operative, is one of the 29 Ofgem heat network authorisation conditions. It applies to every authorised person, and is set out at Section A, Condition 10 of Ofgem’s Heat Network Authorisation Conditions decision of January 2026. Registration with Ofgem closes on 26 January 2027.
What this condition requires
Be open and co-operative with Ofgem (10.1). This includes a proactive disclosure duty: disclose any circumstance of which Ofgem would reasonably expect notice in order to perform its statutory functions, particularly actions or omissions giving rise to a likelihood of consumer detriment, as soon as the circumstance arises or you become aware of an increased likelihood of it arising (10.2). Disclosure may be in writing or orally. Exception for material that could not be compelled in evidence in civil proceedings (10.3). Separately, the conduct principle requires acting at all times so as to be able to comply with all obligations under the Energy Act 2023, the Regulations and the conditions, including by having appropriate internal resource; taking reasonable steps to identify and mitigate risks of contravention; establishing appropriate systems and processes and a designated point of contact for liaising with Ofgem; and having regard to Ofgem guidance as revised from time to time (10.4).
Applies to
Every authorised person.
Core requirement
The authorised person must be open and co-operative with the Authority, disclose promptly anything the Authority would reasonably expect notice of, and act at all times so as to be able to comply.
Key obligations
10.1, be open and co-operative. 10.2, disclose circumstances, especially likely consumer detriment, as soon as they arise. 10.4, adequate resource, risk management, systems and a designated contact.
Evidence Ofgem will look for
- A self-reporting procedure defining what triggers disclosure and how quickly
- A record of matters disclosed and when
- A designated point of contact for the Authority
Why this matters
Prompt, accurate self reporting is a recognised mitigating factor, and the authorised person cannot self report a breach it does not know about. A notification duty running from each contractor into the authorised person is the practical mitigation.
The condition in full
Reproduced from Ofgem’s Heat Network Authorisation Conditions decision, January 2026, Appendix 2.
Principle to be open and co-operative
10.1 The authorised person must be open and co-operative with the Authority.
10.2 In complying with paragraph 10.1, the authorised person must disclose to the Authority in Writing or orally any circumstance relating to the authorised person of which the Authority would reasonably expect notice in order to perform its statutory functions, particularly actions or omissions that give rise to a likelihood of detriment to heat network consumers. Such disclosure should be made as soon as the circumstance arises or the authorised person becomes aware of an increased likelihood of it arising.
10.3 The authorised person is not required to comply with paragraphs 10.1 and 10.2 if the authorised person could not be compelled to produce or give the information in evidence in civil proceedings before a court.
Conduct principle
10.4 The authorised person must at all times act in a manner that will enable it to comply in all respects with obligations imposed on it by or virtue of the Energy Act 2023 or the Regulations, including those imposed by the authorisation conditions, including by:
10.4.1 having appropriate internal resource;
10.4.2 taking all reasonable steps to identify where there may be a risk of the authorised person contravening any relevant condition or relevant requirement and taking such action as is requisite to mitigate such risks and to ensure that any regulated activity it carries on is conducted in such a way as can reasonably be expected to lead to compliance with the authorisation conditions;
10.4.3 establishing and operating appropriate systems and processes and having a designated point of contact for liaising with the Authority; and
10.4.4 having regard to any guidance issued by the Authority on any authorisation condition, as such guidance may be revised from time-to-time.
Does this apply to you?
Section A applies to every authorised person, so this condition applies to you regardless of whether you operate the network, supply heat over it, or both. The registration checker works out your full set in a few questions. Registration closes on 26 January 2027.