House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

159

House of Commons

Notices of Amendments

given on

Friday 10 June 2011

For other Amendment(s) see the following page(s):

Energy Committee 108-145 and 147-57

Public Bill Committee

Energy Bill [Lords]

Domestic energy efficiency regulations: England and Wales

Gregory Barker

NC32


To move the following Clause:—

‘(1)
The Secretary of State must make regulations for the purpose of securing that a

landlord of a domestic PR property—

(a)
which is of such description of domestic PR property as is provided for

by the regulations,
5
(b)
in relation to which there is an energy performance certificate, and

(c)
which falls below such level of energy efficiency (as demonstrated by the

energy performance certificate) as is provided for by the regulations,


may not let the property until the landlord has complied with the obligation

mentioned in subsection (2).
10
(2)
The obligation is to make to the property such relevant energy efficiency

improvements as are provided for by the regulations.

(3)
Regulations under this section are referred to in this Chapter as “domestic energy

efficiency regulations”.

(4)
For the purposes of domestic energy efficiency regulations—
15
“energy performance certificate” has the meaning given by the Energy

Performance Regulations;

“landlord” and “let the property” have the meaning given by the regulations

(and “let the property” may be defined to include “continue to let the

property”); and
20
“relevant energy efficiency improvements” means improvements which—

(a)
are of such description as the regulations provide, and

(b)
can be—

Notices of Amendments: 10 June 2011
160

Energy Bill-[Lords], continued

(i)
wholly paid for pursuant to a green deal plan as provided

for by Chapter 1 of this Part,
25
(ii)
provided free of charge pursuant to an obligation

imposed by an order made under section 33BC or 33BD

of the Gas Act 1986 or section 41A or 41B of the

Electricity Act 1989,

(iii)
wholly financed pursuant to a combination of such a
30
plan and such an obligation, or

(iv)
financed by such other description of financial

arrangement as the regulations provide.

(5)
The Secretary of State may by order amend the definition of “energy performance

certificate” in subsection (4).
35
(6)
The first domestic energy efficiency regulations must come into force no later

than 1 April 2018.’.

As Amendments to Gregory Barker’s proposed New Clause (Domestic energy

efficiency regulations: England and Wales) (NC32):—

Caroline Lucas

(a)

Line  2,  after ‘landlord’, insert ‘or his appointed agent’.

Member’s explanatory statement

This amendment would prevent landlords’ agents, as well as landlords, from letting a property

which does not meet minimum energy efficiency standards.

Caroline Lucas

(b)

Line  8,  after ‘let’, insert ‘or market to let’.

Member’s explanatory statement

This amendment would require all properties being let, or being marketed to let, to meet minimum

energy efficiency standards.

Caroline Lucas

(c)

Line  11,  at end insert ‘, such that the property shall not fall below the level of

energy efficiency as is provided for in the regulations.’.

Member’s explanatory statement

This amendment ensures that the clause explicitly states that the improvements which must be

made under the regulations must bring the property above the minimum standard set by

regulations.

Caroline Lucas

(d)

Line  11,  at end insert—

‘(2A)
The level of energy efficiency as is provided for by the regulations shall be at least

equivalent to the efficiency required to meet Band E expressed in accordance

with Regulation 11(1)(a) of the Energy Performance Regulations.’.

Member’s explanatory statement

This amendment requires that the first minimum energy efficiency standard shall be Band E or

above as shown by an Energy Performance Certificate.

Notices of Amendments: 10 June 2011
161

Energy Bill-[Lords], continued

Caroline Lucas

(e)

Line  11,  at end insert—

‘(2A)
The level of energy efficiency as is provided for by the regulations shall be set at

such a level that at least 680,000 domestic PR properties in England would fall

below it.’.

Member’s explanatory statement

This amendment requires that the first minimum level of energy efficiency shall be set at such a

level that at least 680,000 domestic PR properties in England would fall below it.

Caroline Lucas

(f)

Line  18,  leave out from ‘(and’ to ‘property;)’ in line 19.

Member’s explanatory statement

This amendment removes the requirement that properties cannot continue to be let to the same

tenant after the date that the minimum energy efficiency standards come into force if they do not

meet those standards.

Caroline Lucas

(g)

Line  36,  leave out ‘2018’ and insert ‘2016’.

Member’s explanatory statement

This amendment brings forwards the latest date that domestic energy efficiency regulations must

come into force from 1 April 2018 to 1 April 2016.

Caroline Lucas

(h)

Line  36,  at end add—

‘(7)
The Secretary of State shall from time to time, and at least once every four years,

review the level of energy efficiency provided for by the regulations, and shall

increase the level as he sees appropriate.’.

Member’s explanatory statement

This amendment requires that over time, the minimum energy efficiency standards which apply to

private rented properties shall increase at least once every four years.

Sanctions for the purposes of domestic minimum standard regulations: England and

Wales

Tessa Munt

NC26

To move the following Clause:—

‘(1)
Domestic minimum standard regulations shall include in particular provisions for

the purpose of securing compliance with requirements imposed on landlords by

or under the regulations including granting powers to local authorities to carry out

relevant energy efficiency works to domestic PR properties under the regulations
5
and recover the costs from the landlord.

(2)
Provision falling within subsection (1) includes, in particular, provision—

(a)
for a local authority to enforce any requirement imposed by or under the

regulations;

(b)
about the sanctions for non-compliance with a requirement imposed by
10
or under the regulations;

Notices of Amendments: 10 June 2011
162

Energy Bill-[Lords], continued

(c)
about the sanctions for the provision of false information in connection

with such a requirement, including in cases falling within paragraph (b)

or (c), the imposition of a civil penalty by a local authority.

(3)
The regulations will make provision for a civil penalty not exceeding £5,000 to
15
be imposed on any person who markets or lets a domestic PR property which does

not meet the minimum standard regulations on or after 1 January 2016.

(4)
The regulations must also include provision for a right of appeal to a court or

tribunal against the imposition of the civil penalty.

(5)
Provision falling within subsection (4) includes, in particular, provision—
20
(a)
as to the jurisdiction of the court or tribunal to which an appeal may be

made;

(b)
as to the grounds on which an appeal may be made;

(c)
as to the procedure for making an appeal (including any fee which may

be payable);
25
(d)
suspending the imposition of the penalty, pending determination of the

appeal;

(e)
as to the powers of the court or tribunal to which an appeal is made;

(f)
as to how any sum payable in pursuance of a decision of the court or

tribunal is to be recoverable.
30
(6)
The provision referred to in sub-paragraph (5)(e) includes provision conferring

on the court or tribunal to which an appeal is made power—

(a)
to confirm the penalty;

(b)
to withdraw the penalty;

(c)
to vary the amount of the penalty;
35
(d)
to award costs.

(7)
If the Secretary of State considers it appropriate for the purpose of, or in

consequence of, any provision falling within sub-paragraph (5)(a), (c), (e) or (f),

domestic minimum standard regulations may revoke or amend any subordinate

legislation in so far as the subordinate legislation extends to England and Wales.
40
(8)
In this section “subordinate legislation” has the meaning given in section 21(1) of

the Interpretation Act 1978.’.

As an Amendment to Tessa Munt’s proposed New Clause (Sanctions for the purposes

of domestic minimum standard regulations: England and Wales) (NC26):—

Caroline Lucas

(a)

Line  1,  leave out ‘Domestic minimum standards regulations’ and insert

‘Domestic energy efficiency regulations’.

Member’s explanatory statement

This amendment intends for the enforcement mechanism and sanctions set out in NC26 to apply to

NC32.



© Parliamentary copyright	Revised 13 June 2011