GDFC Assets Limited v Heaney and The Secretary of State for Energy Security and Net Zero: [2024] UKUT 345 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 6 November 2024
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Judicial Summary
This appeal was a test case, and the first before the Upper Tribunal, on green energy plans under the Energy Act 2011 and the Framework Regulations 2012. It decides two points of wider importance. First, breach of any of the requirements in regulation 30 of the Framework Regs has the effect that the energy plan is not a green energy plan. Second, the proportionality assessment called for by regulation 79 of the Framework Regs includes consideration of the effect of the sanction on the ‘green deal provider’.