Energy Bill (HC Bill 167)

29 Power to amend Consumer Credit Act 1974

(1) The Secretary of State may by order make such amendments to the Consumer
Credit Act 1974 as the Secretary of State considers appropriate in consequence
of provision made by or under this Chapter.

(2) 5Before exercising the power under subsection (1) the Secretary of State must
consult—

(a) the Office of Fair Trading, and

(b) such other persons as the Secretary of State considers appropriate.

Delegation of functions to public body

30 10Delegation and conferring of functions

(1) The Secretary of State may by order provide for the following functions
conferred on the Secretary of State to be exercisable instead by a public body
specified in the order—

(a) any function exercisable in connection with the scheme established by
15the framework regulations;

(b) any function exercisable under the framework regulations by virtue of
section 6(4);

(c) any function under regulations made under section 16.

(2) If the function of issuing a code of practice for the purposes of the scheme is
20specified in an order by virtue of subsection (1)(a), a draft of the code must be
approved by the Secretary of State before the Secretary of State lays the draft
before Parliament under section 35(2).

(3) If the function of revoking a code of practice issued for the purposes of the
scheme is specified in an order by virtue of subsection (1)(a), the code must not
25be revoked without the approval of the Secretary of State.

(4) The Secretary of State may by order make provision conferring administration
functions on—

(a) the Secretary of State;

(b) a public body specified in the order.

(5) 30For the purposes of subsection (4) administration functions are functions in
connection with the administration of any provision in licences under section
7 or 7A of the Gas Act 1986 or section 6(1)(c) or (d) of the Electricity Act 1989
made by virtue of section 17(3) of this Act.

(6) An order made by virtue of subsection (1) or (4)(b) may provide for—

(a) 35different functions to be exercisable by different public bodies;

(b) the same function to be exercisable by different public bodies in relation
to different areas.

(7) The Secretary of State may make payments to any public body specified in an
order made by virtue of subsection (1).

31 40Duty to report

(1) This section applies if the function under section 3(1)(a) is specified in an order
made by virtue of section 30(1)(a).

(2) The Secretary of State may make regulations requiring the body specified in
relation to that function in the order to—

(a) collect information on the specified matters, and

(b) provide the Secretary of State with a report on those matters at the
5specified times.

(3) In subsection (2) “specified” means specified in the regulations.

General

32 Power of Secretary of State to deal with special circumstances

(1) The Secretary of State may by regulations make provision as to—

(a) 10the circumstances in which a bill payer’s liability to make green deal
payments to the relevant energy supplier is suspended or cancelled;

(b) the circumstances in which the suspension of any liability ends;

(c) the consequences of any suspension or cancellation;

(d) the circumstances in which the green deal provider may require the
15early repayment of the whole or part of the total of the payments
outstanding under a green deal plan.

(2) The regulations may, in particular, include provision—

(a) as to the procedure to be followed for securing a suspension or
cancellation (including the payment of an administration fee calculated
20in accordance with the regulations);

(b) as to how any payments due under a green deal plan during a period
of suspension are to be paid;

(c) as to the making of payments due under a green deal plan after a period
of suspension;

(d) 25as to the calculation of the amount payable on early repayment
(including a fee calculated in accordance with the regulations).

(3) For the purposes of this section—

(a) “bill payer” includes the person who would be the bill payer if the
supply from the relevant energy supplier were not temporarily
30disconnected or the liability to make green deal payments were not
suspended, and

(b) payments are green deal payments if they are made under a green deal
plan.

33 Appeals

(1) 35This section applies if provision is included in a scheme or regulations by
virtue of any of the following—

(a) section 3(3)(h) or (i);

(b) section 6(4);

(c) section 16.

(2) 40The Secretary of State must by regulations provide for a right of appeal to a
court or tribunal against any sanction imposed, or other action taken, by the
Secretary of State or a specified public body under the provision mentioned in
subsection (1).

(3) Regulations under this section may, in particular, include provision—

(a) as to the jurisdiction of the court or tribunal to which an appeal may be
made;

(b) as to the persons who may make an appeal;

(c) 5as to the grounds on which an appeal may be made;

(d) as to the procedure for making an appeal (including any fee which may
be payable);

(e) suspending the effect of a sanction or other action being appealed
against, pending determination of the appeal;

(f) 10as to the powers of the court or tribunal to which an appeal is made;

(g) as to how any sum payable in pursuance of a decision of the court or
tribunal is to be recoverable.

(4) The provision referred to in subsection (3)(f) includes provision conferring on
the court or tribunal to which an appeal is made power—

(a) 15to confirm the sanction imposed or action taken;

(b) to withdraw the sanction or action;

(c) to impose a different sanction or take different action;

(d) to remit the decision whether to confirm the sanction or other action, or
any matter relating to that decision, to the person who imposed the
20sanction or took the action;

(e) to award costs.

(5) If the Secretary of State considers it appropriate for the purpose of, or in
consequence of, any provision falling within subsection (3)(a), (d), (f) or (g),
regulations under this section may revoke or amend any subordinate
25legislation.

(6) In this section—

(a) “specified public body” means a public body specified in an order
made by virtue of section 30(1);

(b) “subordinate legislation” has the meaning given in section 21(1) of the
30Interpretation Act 1978 and includes an instrument made under a
Measure or Act of the National Assembly for Wales.

34 Funding for energy efficiency advice

(1) The Secretary of State may incur expenditure in providing qualifying advice or
information or in making payments to persons who provide qualifying advice
35or information.

(2) In this section “qualifying advice or information” means advice or information
about green deal plans or energy efficiency generally which is given to
individuals or organisations.

35 Parliamentary procedure in relation to code of practice

(1) 40This section makes further provision in relation to the issuing of any code of
practice for the purposes of the scheme established by the framework
regulations.

(2) Before the code is issued the Secretary of State must lay a draft of the code
before Parliament.

(3) If, within the 40-day period, either House of Parliament resolves not to
approve the draft, the code may not be issued.

(4) If no such resolution is made within that period, the code may be issued.

(5) The “40-day period”, in relation to a draft of a code, means the period of 40
5days beginning with the day on which the draft is laid before Parliament (or, if
it is not laid before each House of Parliament on the same day, the later of the
2 days on which it is laid).

(6) For the purposes of calculating the 40-day period, no account is to be taken of
any period during which—

(a) 10Parliament is dissolved or prorogued, or

(b) both Houses are adjourned for more than 4 days.

36 Regulations and orders

(1) Regulations and orders under this Chapter may make different provision for
different cases or circumstances or for different purposes.

(2) 15Regulations and orders under this Chapter are to be made by statutory
instrument.

(3) A statutory instrument containing regulations or an order under this Chapter
is subject to annulment in pursuance of a resolution of either House of
Parliament.

(4) 20Subsection (3) does not apply to a statutory instrument containing—

(a) regulations under section 2 or the framework regulations,

(b) regulations under section 10(2), 14(7) or (8) or 15(4),

(c) regulations under section 13, 15(1), 16, 32 or 33, or

(d) an order under section 1, 2 or 29.

(5) 25A statutory instrument containing regulations or an order falling within
subsection (4)(a), (c) or (d) may not be made unless a draft of the instrument
has been laid before, and approved by a resolution of, each House of
Parliament.

(6) A statutory instrument containing regulations falling within subsection (4)(b)
30is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(7) Before making regulations or an order under this Chapter extending to
Scotland, the Secretary of State must—

(a) if the regulations or order contain any provision which would be
within the legislative competence of the Scottish Parliament if it were
35contained in an Act of that Parliament, obtain the consent of the Scottish
Ministers;

(b) in any other case, consult the Scottish Ministers.

(8) The Secretary of State must obtain the consent of the Welsh Ministers before
making provision under section 33 amending or revoking—

(a) 40provision included in an instrument made under a Measure or Act of
the National Assembly for Wales;

(b) any other subordinate legislation made by the Welsh Ministers (or the
National Assembly for Wales established under the Government of
Wales Act 1998).

(9) Subsection (8) does not apply to the extent that the Secretary of State is making
incidental or consequential provision.

(10) Before making regulations or an order under this Chapter applying to Wales,
the Secretary of State must consult the Welsh Ministers.

(11) 5Subsection (10) does not apply to the extent that consent has been obtained
under subsection (8).

37 Crown application: Chapter 1

This Chapter binds the Crown.

CHAPTER 2 Private rented sector: England and Wales

10Introductory

38 Meaning of “domestic PR property” and “non-domestic PR property”:
England and Wales

(1) For the purposes of this Chapter—

(a) a property is a “domestic private rented property” if, subject to
15subsection (2), it is let—

(i) under a tenancy which is an assured tenancy for the purposes
of the Housing Act 1988,

(ii) under a tenancy which is a regulated tenancy for the purposes
of the Rent Act 1977, or

(iii) 20under a tenancy which is specified for the purposes of this
subsection in an order made by the Secretary of State;

(b) a property is a “non-domestic private rented property” if it—

(i) is situated in England and Wales,

(ii) is let under a tenancy, and

(iii) 25is not a dwelling.

(2) But a property is not a domestic private rented property if—

(a) it is low cost rental accommodation within the meaning of section 69 of
the Housing and Regeneration Act 2008 and the landlord is a private
registered provider of social housing, or

(b) 30the landlord is a body registered as a social landlord under Chapter 1
of Part 1 of the Housing Act 1996.

(3) In subsection (1)(b) “dwelling” has the meaning given by the Energy
Performance of Buildings (Certificates and Inspections) (England and Wales)
Regulations 2007 (S.I. 2007/991S.I. 2007/991) or any regulations replacing those regulations
35(“the Energy Performance Regulations”).

(4) A domestic private rented property is referred to in this Chapter as a “domestic
PR property”.

(5) A non-domestic private rented property is referred to in this Chapter as a “non-
domestic PR property”.

39 Review of energy efficiency in the private rented sector: England and Wales

(1) A review under this section is a review of the energy efficiency of domestic PR
properties and non-domestic PR properties (referred to in this Chapter as “PR
properties”).

(2) 5A review under this section may include a review of the energy efficiency of
such properties which are not PR properties as the Secretary of State considers
appropriate.

(3) The Secretary of State must conduct the review, or arrange for the review to be
conducted on behalf of the Secretary of State by another person.

(4) 10If the Secretary of State arranges for another person to conduct the review—

(a) that person must conduct the review in accordance with any directions
given by the Secretary of State, and

(b) the arrangement may include provision for payments to be made by the
Secretary of State to the person.

(5) 15The review must not be commenced before the end of the period of one year
beginning with the day on which regulations under section 3 (green deal
framework regulations) first come into force in relation to England and Wales.

(6) The review must include—

(a) a comparison of the energy efficiency of PR properties with the energy
20efficiency of properties in England and Wales which are not PR
properties;

(b) a consideration of the extent to which financial assistance is available to
landlords of PR properties for the purpose of taking measures to
improve the energy efficiency of their properties;

(c) 25a consideration of the need for action to be taken for the purpose of
improving the energy efficiency of PR properties;

(d) a consideration of the possible effects of any action recommended to be
taken as a result of the consideration required by paragraph (c).

(7) A report of the review must be published before 1 April 2014.

30Domestic energy efficiency regulations

40 Power to make domestic energy efficiency regulations: England and Wales

(1) The power of the Secretary of State to make regulations under this section is
exercisable only—

(a) after the publication of the report under section 39(7), and

(b) 35if, having regard to the report, the Secretary of State considers that the
regulations—

(i) will improve the energy efficiency of the domestic PR
properties to which the regulations relate, and

(ii) will not materially decrease the number of properties available
40for rent.

(2) The Secretary of State may make regulations requiring local authorities to issue
the notice mentioned in subsection (3) to the landlord of each domestic PR
property—

(a) which is of such description of domestic PR property as is provided for
by the regulations,

(b) in relation to which there is an energy performance certificate, and

(c) which falls below such level of energy efficiency (as demonstrated by
5the energy performance certificate) as is provided for by the
regulations.

(3) The notice is one requiring the landlord to make to the property such relevant
energy efficiency improvements as are identified by the notice.

(4) The regulations may—

(a) 10provide for the steps which each local authority must take to identify
the properties in relation to which a notice should be issued, and

(b) provide for the duty to issue a notice not to apply in such circumstances
as may be provided for by the regulations.

(5) Regulations under this section are referred to in this Chapter as “domestic
15energy efficiency regulations”.

(6) For the purposes of domestic energy efficiency regulations—

• “energy performance certificate” has the meaning given by the Energy
  Performance Regulations;

• “landlord” and “local authority” have the meaning given by the
  20regulations; and

• “relevant energy efficiency improvements” means improvements
  which—

  (a)

  are of such description as the regulations provide, and

  (b)

  can be—

  (i)

  25wholly paid for pursuant to a green deal plan as
  provided for by Chapter 1 of this Part,

  (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
  30Electricity Act 1989,

  (iii)

  wholly financed pursuant to a combination of such a
  plan and such an obligation, or

  (iv)

  financed by such other description of financial
  arrangement as the regulations provide.

(7) 35The Secretary of State may by order amend the definition of “energy
performance certificate” in subsection (6).

(8) Domestic energy efficiency regulations may come into force no earlier than 1
April 2015.

41 Further provision about domestic energy efficiency regulations: England and
40Wales

(1) Domestic energy efficiency regulations may, in particular, include provision
about—

(a) the form, content and service of the notice to be issued under the
regulations;

(b) 45the form, content and service of any response by the landlord to a notice
(including the period within which any response must be given);

(c) the circumstances in which, and the method by which, a local authority
may or must withdraw a notice;

(d) the period within which the improvements required by a notice must
be started or completed;

(e) 5exemptions from any requirement imposed by or under the
regulations;

(f) evidence relating to any requirement imposed by or under the
regulations.

(2) Provision falling within subsection (1)(e) includes, in particular, provision
10about exemptions—

(a) relating to any necessary permissions or consents;

(b) relating to the likely negative impact on the value of a property of
complying with the notice.

(3) Provision falling within subsection (1)(f) includes, in particular, provision
15about evidence for the purpose of demonstrating—

(a) compliance with a notice;

(b) an exemption from a requirement imposed by or under the regulations;

(c) that a property is not one in relation to which the local authority had
power to issue a notice;

(d) 20that the improvements required by a notice are not relevant energy
efficiency improvements within the meaning given by the regulations.

42 Sanctions for the purposes of domestic energy efficiency regulations:
England and Wales

(1) Domestic energy efficiency regulations may include provision for the purpose
25of securing compliance with requirements imposed on landlords by or under
the regulations.

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

(a) the sanctions for non-compliance with a requirement imposed by or
30under the regulations;

(b) the sanctions for the provision of false information in connection with
such a requirement;

including, in both cases, the imposition of a civil penalty by a local authority.

(3) The amount of any civil penalty provided for by domestic energy efficiency
35regulations must not exceed £5,000.

(4) Where domestic energy efficiency regulations make provision for the
imposition of a civil penalty, the regulations must also include provision for a
right of appeal to a court or tribunal against the imposition of the penalty.

(5) Provision falling within subsection (4) includes, in particular, provision—

(a) 40as 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);

(d) 45suspending 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.

(6) The provision referred to in subsection (5)(e) includes provision conferring on
5the 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;

(d) to award costs.

(7) 10If the Secretary of State considers it appropriate for the purpose of, or in
consequence of, any provision falling within subsection (5)(a), (c), (e) or (f),
domestic energy efficiency regulations may revoke or amend any subordinate
legislation in so far as the subordinate legislation extends to England and
Wales.

(8) 15In this section “subordinate legislation” has the meaning given in section 21(1)
of the Interpretation Act 1978 and includes an instrument made under a
Measure or Act of the National Assembly for Wales.

Tenants’ energy efficiency improvements regulations

43 Power to make tenants’ energy efficiency improvements regulations: England
20and Wales

(1) The power of the Secretary of State to make regulations under this section is
exercisable only—

(a) after the publication of the report under section 39(7), and

(b) if, having regard to the report, the Secretary of State considers that the
25regulations—

(i) will improve the energy efficiency of the domestic PR
properties to which the regulations relate, and

(ii) will not materially decrease the number of properties available
for rent.

(2) 30The Secretary of State may make regulations for the purpose of securing that a
landlord of a domestic PR property which is of such description of domestic PR
property as is provided for by the regulations does not unreasonably refuse a
request mentioned in subsection (3).

(3) The request is one by the tenant of the property to consent to the making of
35such relevant energy efficiency improvements as are identified in the request.

(4) Regulations under this section are referred to in this Chapter as “tenants’
energy efficiency improvements regulations”.

(5) For the purposes of tenants’ energy efficiency improvements regulations—

• “landlord” and “tenant” have the meaning given by the regulations; and

• 40“relevant energy efficiency improvements” means improvements
  which—

  (a)

  are of such description as the regulations provide, and

  (b)

  can be—

  Energy BillPage 29

  (i)

  wholly paid for pursuant to a green deal plan as
  provided for by Chapter 1 of this Part,

  (ii)

  provided free of charge pursuant to an obligation
  imposed by an order made under section 33BC or 33BD
  5of the Gas Act 1986 or section 41A or 41B of the
  Electricity Act 1989,

  (iii)

  wholly financed pursuant to a combination of such a
  plan and such an obligation, or

  (iv)

  financed by such other description of financial
  10arrangement as the regulations provide.

(6) Tenants’ energy efficiency improvements regulations may come into force no
earlier than 1 April 2015.

44 Further provision about tenants’ energy efficiency improvements
regulations: England and Wales

(1) 15Tenants’ energy efficiency improvements regulations may, in particular,
include provision about—

(a) the form, content and service of a request under the regulations;

(b) the form, content and service of any response by the landlord to a
request (including the period within which any response must be
20given);

(c) exemptions from any requirement imposed by or under the
regulations;

(d) evidence relating to any requirement imposed by or under the
regulations.

(2) 25Provision falling within subsection (1)(c) includes, in particular, provision
about exemptions—

(a) relating to any necessary permissions or consents;

(b) relating to the likely negative impact on the value of a property of
consenting to the request.

(3) 30Provision falling within subsection (1)(d) includes, in particular, provision
about evidence for the purpose of demonstrating—

(a) an exemption from a requirement imposed by or under the regulations;

(b) that a property is not one in relation to which the regulations have
effect;

(c) 35that the improvements for which consent has been requested are not
relevant energy efficiency improvements within the meaning given by
the regulations.

45 Sanctions for the purposes of tenants’ energy efficiency improvements
regulations: England and Wales

(1) 40Tenants’ energy efficiency improvements regulations may include provision
for the purpose of securing compliance with requirements imposed on
landlords by or under the regulations.

(2) Provision falling within subsection (1) includes, in particular, provision for a
tenant to apply to a court or tribunal for a ruling that a landlord has not
45complied with a requirement imposed by or under the regulations.