UK Offence Report

Obstructing inspection

regulation 63(1) of The Heat Networks (Market Framework) (Great Britain) Regulations 2025

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 It is an offence for

a person intentionally to obstruct an authorised officer in the exercise of

a power conferred by regulation 49 (inspections).

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally.

What would breach regulation 63(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words it is an offence to obstruct an authorised officer in the exercise of a power conferred by regulation 49 (inspections).
  2. Refusing to let an inspector onto premises they are entitled to enter under the Heat Networks (Market Framework) (Great Britain) Regulations 2025.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
Maximum prison (summary)
Not determined

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
2 March 2025
In force from
Not determined
Extent
E+W+S

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations make provision for regulating district heat networks (networks to which two or more buildings are connected) and communal heat networks (networks that operate in a single building, typically one divided into flats). Part 1 of the Regulations contains definitions that are used throughout the Regulations, notably definitions of “authorised person” and “regulated activity”. It is a regulated activity to operate a district heat network or communal heat network or to supply heating, cooling or hot water by means of such a network (including to businesses or, in the case of district heat networks, communal heat networks). Except in narrow classes of case, the Regulations require persons who carry on regulated activities to be authorised and persons who have, or are treated as having, a heat network authorisation are referred to in the Regulations as authorised persons. Under Part 8 of the Energy Act 2023, the heat networks regulator in England, Wales and Scotland (“the Regulator”) is the Gas and Electricity Markets Authority (“the GEMA”). Accordingly, when the Regulations refer to “the Regulator” this will normally be the GEMA. However, Part 2 of the Regulations also gives some Regulator functions (in respect of heat meter accuracy) to the Secretary of State. These are expected to be exercised by the Office for Product Safety and Standards. Part 2 also sets out the principal objective and over-arching duties of the Regulator. Part 3 of the Regulations sets out the obligation to be authorised to carry out regulated activities (subject to exceptions) and contains provision about applying for an authorisation, authorisation conditions and modification and revocation of authorisations. It also contains transitional provisions under which existing heat network operators, etc. will be treated as having been authorised but will still need to supply specified information to the Regulator. Part 4 of the Regulations sets out details of enforcement action that the Regulator will be able to take against authorised persons, including provisional and final orders, financial penalties and consumer redress orders. It also makes provision for certain functions of the Competition and Markets Authority to be exercised concurrently with the Regulator. Part 5 of the Regulations sets out powers to require information that are available to the Regulator in connection with enforcement and in connection with the expiry and revocation of authorisations. It also (with Schedule 2) sets out a power for the Regulator to conduct inspections. Chapter 1 of Part 6 of the Regulations enables the Regulator to make regulations about standards of performance to be met by authorised persons. These regulations are to be made by statutory instrument and must provide for compensation to be payable for failure to meet the standards. Chapter 2 of Part 6 provides for rules in the Consumers, Estate Agents and Redress Act 2007 about consumer advocacy, complaints procedures and redress schemes to apply, with specified modifications, for the benefit of heat network consumers. The Energy Ombudsman Scheme is established as the initial redress scheme in relation to heat networks. Part 7 of the Regulations makes provision for money to be collected from authorisation fees to support consumer advocacy and advice and makes clear that if there were any surplus, after authorisation fees had been used for the purposes of the regulatory framework, it would need to be paid into the Consolidated Fund. Part 8 of the Regulations creates offences of carrying on a regulated activity without authorisation, failure to provide information in response to a notice from the Regulator, provision of false or misleading information to the Regulator, intentionally altering, suppressing, etc. documents required to be provided to the Regulator, obstructing inspections under Part 5 and impersonation of persons exercising powers to enter premises. Part 9 of the Regulations makes the GEMA the licensing authority for the purposes of the Heat Networks (Scotland) Act 2021 and amends that Act to make additional provision for monitoring compliance with, and enforcement of, conditions of heat networks licences issued under section 5(5) of the Act. A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available atwww.legislation.gov.uk. Hard copies of the impact assessment can be obtained from the Heat Networks Policy team, Department for Energy Security and Net Zero, 55 Whitehall, London SW1A 2HP.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source