Interpretation

General rules of interpretation

2.1 Unless the context otherwise requires, any word or expression defined in the Energy Act 2023 or the Regulations has the same meaning when used in the authorisation conditions.

2.2 Unless the context otherwise requires, references in the authorisation conditions to a provision of any enactment where after the launch date:

2.2.1 the enactment has been replaced or supplemented by another enactment; and

2.2.2 such enactment incorporates a corresponding provision in relation to fundamentally the same subject matter, shall be construed as including a reference to the corresponding provision of that other enactment.

2.3 Unless the context otherwise requires:

2.3.1 any reference in the authorisation conditions to guidance, an industry code, an agreement or a statement is a reference to that guidance, code, agreement or statement as modified, supplemented, transferred, novated or replaced from time to time; and

2.3.2 any reference to a statute or subordinate legislation is a reference to that statute or subordinate legislation as amended or re-enacted from time to time.

2.4 The heading or title of any section, authorisation condition, schedule, paragraph or sub- paragraph in the authorisation conditions is for convenience only and does not affect the interpretation of the text to which it relates.

2.5 Unless the context otherwise requires, any reference in an authorisation condition to a paragraph or sub-paragraph or part is a reference to it in that authorisation condition.

2.6 Any reference in the authorisation conditions to any other provision of the authorisation conditions is to be read, if the authorisation conditions are subsequently modified, as a reference (so far as the context permits) to the corresponding provision of the authorisation conditions as modified.

2.7 The words "include", "including", and "in particular" where they occur in any authorisation condition are to be read without limitation to the generality of the preceding words.

2.8 Unless the context or an authorisation condition otherwise requires:

2.8.1 words and expressions referencing the masculine gender include the feminine;

2.8.2 words and expressions referencing the feminine gender include the masculine;

2.8.3 words and expressions in the singular include the plural and words and expressions in the plural include the singular.

2.9 Unless the context otherwise requires, any reference in an authorisation condition:

2.9.1 to a "supply" is to be read as being a reference to a supply of heating, cooling or hot water;

2.9.2 to a "supply of heating, cooling or hot water" is to be read as being applicable to whichever of heating, cooling and/or hot water is being supplied or (as the context requires) capable of being supplied to a Consumer;

2.9.3 to a "supply" or a "supply of heating, cooling or hot water" is to be read as being a reference to a supply by means of a relevant heat network;

2.9.4 to a "relevant heat network" is to be read as including a reference to a relevant part, where applicable;

2.9.5 to the "regulated activity of operating" or to the "regulated activity of supplying" is to be read as meaning the regulated activity within the meaning of regulation 13.1(a) of the Regulations or regulation 13.1(b) of the Regulations, as applicable, and references to "suppliers" or "operators" are to be construed accordingly;

2.9.6 to an "operator" includes a person who is taken to operate a relevant heat network but only in respect of the relevant part in accordance with regulation 13(4)(b) of the Regulations; and

2.9.7 to a person being "treated as authorised" in relation to a regulated activity is to be read as a reference to a person being treated as holding a heat network authorisation in relation to that regulated activity in accordance with regulation 27, and similar expressions to any of the above shall be construed accordingly.

Performance of obligations

2.10 Where any obligation in the authorisation conditions is required to be performed by a specified date or time or within a specified period and the authorised person has failed to do so, the obligation will continue to be binding and enforceable after the specified date or time or after the end of the specified period, without prejudice to all rights and remedies available against the authorised person in relation to its failure.

Specific application of powers

2.11 Unless a contrary intention appears, any power of the Authority under any provision of the authorisation conditions:

2.11.1 to give a direction, consent, derogation, approval or designation is a power:

(a) to give it to such extent, for such period of time and subject to such conditions as the Authority thinks reasonable in all the circumstances of the case; and

(b) to revoke or amend it (after consulting with the authorised person) or give it again under that power; and

2.11.2 to make a determination or a decision is a power:

(a) to make it subject to such conditions as the Authority thinks reasonable in all the circumstances of the case; and

(b) to make it again under that power.

2.12 Any direction, consent, derogation, determination, approval, designation, decision or other instrument given or made by the Authority in connection with an authorisation condition will be in Writing.

Date to be specified

2.13 In each case in which the Authority may specify a date under the authorisation conditions, it may specify:

2.13.1 that date; or

2.13.2 the means by which that date is to be determined.

Continuing effect

2.14 Anything done under or because of an authorisation condition, which is in effect immediately before that authorisation condition is modified, has continuing effect for so long as it is permitted or required by or under the modified authorisation condition.

2.15 Without prejudice to the generality of paragraph 2.14, every direction, consent, determination, designation, approval, decision or other instrument given or made by the Authority in relation to an authorisation condition, which is in effect immediately before that authorisation condition is modified, has continuing effect under the modified authorisation condition.

Service of notices

2.16 The provisions of Schedule 1 of the Regulations (Service of notices, etc. by the Regulator) shall have effect as if set out herein and as if:

2.16.1 for the words `these Regulations' there were substituted the words `the authorisation conditions'; and

2.16.2 for the words `the Regulator' there were substituted the words `the Authority'.

Application of this authorisation condition

2.17 This authorisation condition applies save to the extent that a given authorisation condition provides otherwise.