(5) A green deal plan is associated with a relevant energy supplier if the
payments under the plan are to be made to the supplier.

(6) In this section—

(a) “green deal plan” has the meaning given by section 1 of the
5Energy Act 2011; and

(b) “relevant energy supplier” has the meaning given in regulations
made for the purposes of section 2(9) of that Act.”

27 Duties to give debtors information and statements

(1) The Consumer Credit Act 1974 is amended as follows.

(2) 10In section 77 (duty to give information to debtor under fixed-sum credit
agreement) after subsection (2) insert—

“(2A) Subsection (2B) applies if the regulated agreement is a green deal plan
(within the meaning of section 1 of the Energy Act 2011).

(2B) The duty imposed on the creditor by subsection (1) may be discharged
15by another person acting on the creditor’s behalf.”

(3) In section 77A (statements to be provided in relation to fixed-sum credit
agreement) after subsection (2) insert—

“(2A) Subsection (2B) applies if the regulated agreement is a green deal plan
(within the meaning of section 1 of the Energy Act 2011).

(2B) 20Any duty imposed on the creditor by this section may be discharged by
another person acting on the creditor’s behalf.”

(4) In section 77B (statement of account to be provided on request in relation to
fixed-sum credit agreement) after subsection (7) insert—

“(7A) Subsection (7B) applies if the regulated agreement is a green deal plan
25(within the meaning of section 1 of the Energy Act 2011).

(7B) The duty imposed on the creditor by this section may be discharged by
another person acting on the creditor’s behalf.”

28 Exemption from requirement to give notice of sums in arrears

In section 86B of the Consumer Credit Act 1974 (requirement to give notice of
30sums in arrears) for subsection (12) substitute—

“(12) In this section “applicable agreement” means an agreement which falls
within subsection (12A) or (12B).

(12A) An agreement falls within this subsection if—

(a) it is a regulated agreement for fixed-sum credit; and

(b) 35it is not—

(i) a non-commercial agreement;

(ii) a small agreement; or

(iii) a green deal plan (within the meaning of section 1 of the
Energy Act 2011).

(12B) 40An agreement falls within this subsection if—

(a) it is a regulated consumer hire agreement; and

(b) it is neither a non-commercial agreement nor a small
agreement.”

29 Early repayment of green deal finance

(1) The Consumer Credit Act 1974 is amended as follows.

(2) 5After section 95A (compensatory amount to creditor in relation to early
repayment) insert—

“95B Compensatory amount: green deal finance

(1) This section applies where—

(a) a regulated consumer credit agreement provides for the rate of
10interest on the credit to be fixed for a period of time (“the fixed
rate period”),

(b) the agreement is a green deal plan (within the meaning of
section 1 of the Energy Act 2011) which is of a duration specified
for the purposes of this section in regulations, and

(c) 15under section 94 the debtor discharges all or part of his
indebtedness during the fixed rate period.

(2) The creditor may claim an amount equal to the cost which the creditor
has incurred as a result only of the debtor’s indebtedness being
discharged during the fixed rate period if—

(a) 20the amount of the payment under section 94 is not paid from the
proceeds of a contract of payment protection insurance, and

(b) such other conditions as may be specified for the purposes of
this section in regulations are satisfied.

(3) The amount in subsection (2)—

(a) 25must be fair,

(b) must be objectively justified,

(c) must be calculated by the creditor in accordance with provision
made for the purposes of this section in regulations, and

(d) must not exceed the total amount of interest that would have
30been paid by the debtor under the agreement in the period from
the date on which the debtor makes the payment under section
94 to the date fixed by the agreement for the discharge of the
indebtedness of the debtor.

(4) If a creditor could claim under either section 95A or this section, the
35creditor may choose under which section to claim.”

(3) In section 94 (right to complete payments ahead of time)—

(a) in subsection (1) after “section 95A(2)” insert “or section 95B(2)”;

(b) in subsection (5) after “section 95A(2)” insert “or section 95B(2)”.

(4) In subsection (2)(c) of section 97A (duty to give information on partial
40repayment) after “section 95A(2)” insert “or section 95B(2)”.

30 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) Before 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.

5Delegation and exercise of functions

31 Delegation 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) 10any function exercisable in connection with the scheme established by
the 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) 15If the function of issuing a code of practice for the purposes of the scheme is
specified 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 38(2).

(3) If the function of revoking a code of practice issued for the purposes of the
20scheme is specified in an order by virtue of subsection (1)(a), the code must not
be 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) 25a public body specified in the order.

(5) For 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) 30An order made by virtue of subsection (1) or (4)(b) may provide for—

(a) different 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
35order made by virtue of subsection (1).

32 Exercise of scheme functions on behalf of the Secretary of State or a public
body

(1) This section applies to any function exercisable in connection with the scheme
established by the framework regulations.

(2) 40The Secretary of State may arrange for such a function to be exercised by any
body or person on behalf of the Secretary of State.

(3) A public body specified in relation to such a function in an order made by
virtue of section 31(1)(a) may arrange for the function to be exercised by any
other body or person on its behalf.

(4) Arrangements under this section—

(a) 5do not affect the responsibility for the exercise of the function;

(b) may include provision for payments to be made to the body or person
exercising the function under the arrangements.

33 Duty to report

(1) This section applies if the function under section 3(1)(a) is specified in an order
10made by virtue of section 31(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
15specified times.

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

General

34 Power of Secretary of State to deal with special circumstances

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

(a) 20the 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 any suspension of liability ends;

(c) the consequences of any suspension or cancellation;

(d) the circumstances in which the green deal provider may require the
25early 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
30in 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) 35as 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
40disconnected 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.

35 Appeals

(1) This 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) 5section 6(4);

(c) section 16.

(2) The 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
10subsection (1).

(3) Regulations under subsection (2) 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) 15as 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) 20as 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) 25to 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
30sanction or took the action;

(e) to award costs or, in Scotland, expenses.

(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 subsection (2) may revoke or amend any subordinate
35legislation.

(6) If the Scottish Ministers consider it appropriate for the purpose of, or in
consequence of, any provision falling within subsection (3)(a), (d), (f) or (g),
they may by regulations revoke or amend any subordinate legislation, or any
provision included in an instrument made under an Act of the Scottish
40Parliament, if the provision making the revocation or amendment would be
within the legislative competence of the Scottish Parliament if it were included
in an Act of that Parliament.

(7) In this section—

(a) “specified public body” means a public body specified in an order
45made by virtue of section 31(1);

(b) “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.

36 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
or information.

(2) 5In 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.

37 Preparatory expenditure: framework regulations

The Secretary of State may, before the framework regulations are made, incur
10expenditure for the purpose of, or in connection with, preparing for a scheme
of the kind provided for by section 3.

38 Parliamentary procedure in relation to code of practice

(1) This section makes further provision in relation to the issuing of any code of
practice for the purposes of the scheme established by the framework
15regulations.

(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) 20If 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
days 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) 25For the purposes of calculating the 40-day period, no account is to be taken of
any period during which—

(a) Parliament is dissolved or prorogued, or

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

39 Regulations and orders

(1) 30Regulations and orders under this Chapter may make different provision for
different cases or circumstances or for different purposes.

(2) Regulations and orders under this Chapter, other than those made by the
Scottish Ministers, are to be made by statutory instrument.

(3) A statutory instrument containing regulations or an order under this Chapter
35is subject to annulment in pursuance of a resolution of either House of
Parliament.

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

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

(b) regulations under section 13, 15(1), 16, 34 or 35(2), or

(c) 40an order under section 1, 2 or 30.

(5) A statutory instrument containing regulations or an order falling within
subsection (4) 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) Regulations under section 10(2), 14(7) or (8) or 15(4) (regulations made by the
5Scottish Ministers) are subject to the negative procedure.

(7) Regulations under section 35(6) (regulations made by the Scottish Ministers)
are subject to the affirmative procedure.

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

(a) 10if the regulations or order contain any provision which would be
within the legislative competence of the Scottish Parliament if it were
contained in an Act of that Parliament, obtain the consent of the Scottish
Ministers;

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

(9) 15The Secretary of State must obtain the consent of the Welsh Ministers before
making provision under section 35 amending or revoking—

(a) provision 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
20National Assembly for Wales established under the Government of
Wales Act 1998).

(10) Before amending under section 9 a provision of the Building Regulations 2010
(S.I. 2010/2214S.I. 2010/2214), the Secretary of State must, if and so far as the function under
which the provision was made is exercisable by the Welsh Ministers, obtain
25their consent.

(11) Subsections (9) and (10) do not apply to the extent that the Secretary of State is
making incidental or consequential provision.

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

(13) 30Subsection (12) does not apply to the extent that consent has been obtained
under subsection (9) or (10).

(14) Before making regulations or an order under this Chapter, the Secretary of
State must report to Parliament with proposals on a specific green deal
apprenticeships programme.

40 35Crown application: Chapter 1

This Chapter binds the Crown.

CHAPTER 2 Private rented sector: England and Wales

Introductory

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

(1) 5For the purposes of this Chapter—

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

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

(ii) 10under a tenancy which is a regulated tenancy for the purposes
of the Rent Act 1977, or

(iii) under 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) 15is situated in England and Wales,

(ii) is let under a tenancy, and

(iii) is 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
20the Housing and Regeneration Act 2008 and the landlord is a private
registered provider of social housing,

(b) it is low cost home ownership accommodation within the meaning of
section 70 of that Act, or

(c) the landlord is a body registered as a social landlord under Chapter 1
25of 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) (“the Energy Performance Regulations”).

(4) A domestic private rented property is referred to in this Chapter as a “domestic
30PR property”.

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

Domestic energy efficiency regulations

42 Domestic energy efficiency regulations

(1) 35The 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,

(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
5mentioned in subsection (2).

(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) 10For the purposes of domestic energy efficiency regulations—

• “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
  15to let the property”);

• “relevant energy efficiency improvements” means improvements
  which—

  (a)

  are of such description as the regulations provide, and

  (b)

  can be—

  (i)

  20wholly 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
  25Electricity 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.

(5) 30The Secretary of State may by order amend the definition of “energy
performance certificate” in subsection (4).

(6) The first domestic energy efficiency regulations must come into force no later
than 1 April 2018.

43 Further provision about domestic energy efficiency regulations

(1) 35Domestic energy efficiency regulations may, in particular, include provision
about—

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

(b) exemptions from any requirement imposed by or under the
40regulations;

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

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

(a) 45relating to any necessary permissions or consents;

(b) relating to the likely negative impact on the value of a property of
complying with a requirement imposed by or under the regulations.

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

(a) 5an 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) that the improvements required by or under the regulations are not
relevant energy efficiency improvements within the meaning given by
10the regulations.

44 Sanctions for the purposes of domestic energy efficiency regulations

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

(2) 15Provision 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
or under the regulations;

(c) 20about 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 amount of any civil penalty provided for by domestic energy efficiency
25regulations 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) 30as 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) 35suspending 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) 40The provision referred to in subsection (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;

(d) 45to award costs.