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Energy Bill (HC Bill 206)

Energy BillPage 30

(7) If 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
5Wales.

(8) In 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

45 10Tenants’ energy efficiency improvements regulations

(1) The Secretary of State must 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 (2).

(2) 15The request is one by the tenant of the property to consent to the making of
such relevant energy efficiency improvements as are identified in the request.

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

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

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

  • “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.

(5) 35The first tenants’ energy efficiency improvements regulations must come into
force no later than 1 April 2016.

46 Further provision about tenants’ energy efficiency improvements regulations

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

(a) 40the 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
given);

Energy BillPage 31

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

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

(2) 5Provision 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) 10Provision 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) 15that the improvements for which consent has been requested are not
relevant energy efficiency improvements within the meaning given by
the regulations.

47 Sanctions for the purposes of tenants’ energy efficiency improvements
regulations

(1) 20Tenants’ 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
25complied with a requirement imposed by or under the regulations.

(3) Where the regulations make provision for a tenant to make an application such
as is mentioned in subsection (2), the provision may, in particular, include
provision—

(a) as to the jurisdiction of the court or tribunal to which an application
30may be made;

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

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

(d) as to the powers of the court or tribunal to which an application is made
35(including as to costs which may be awarded);

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

(4) Where the regulations make provision for a tenant to make an application such
as is mentioned in subsection (2), the regulations must also include provision
40for a right of appeal by the tenant or landlord against any decision of a court or
tribunal on an application.

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

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

(b) 45as 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);

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(d) suspending the effect of the decision being appealed against, 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
5tribunal is to be recoverable.

(6) The 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 decision;

(b) to quash the decision;

(c) 10to make a different decision;

(d) to remit the decision or any matter relating to the decision to the person
who made it;

(e) to award costs.

(7) If the Secretary of State considers it appropriate for the purpose of, or in
15consequence of, any provision falling within—

(a) subsection (3)(a), (c), (d) or (e), or

(b) subsection (5)(a), (c), (e) or (f),

tenants’ energy efficiency improvements regulations may revoke or amend
any subordinate legislation in so far as the subordinate legislation extends to
20England and Wales.

(8) In 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.

Non-domestic energy efficiency regulations

48 25Non-domestic energy efficiency regulations

(1) The Secretary of State must make regulations for the purpose of securing that
a landlord of a non-domestic PR property—

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

(b) 30in 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
35mentioned 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 “non-domestic
energy efficiency regulations”.

(4) 40For the purposes of non-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
    45to let the property”);

  • Energy BillPage 33

  • “relevant energy efficiency improvements” means improvements
    which—

    (a)

    are of such description as the regulations provide, and

    (b)

    can be—

    (i)

    5wholly paid for pursuant to a green deal plan as
    provided for by Chapter 1 of this Part, or

    (ii)

    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
10performance certificate” in subsection (4).

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

49 Further provision about non-domestic energy efficiency regulations

(1) Non-domestic energy efficiency regulations may in particular, include
15provision 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
regulations;

(c) 20evidence relating to any requirement imposed by or under the
regulations.

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

(a) relating to any necessary permissions or consents;

(b) 25relating 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) an exemption from a requirement imposed by or under the regulations;

(b) 30that 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
the regulations.

50 35Sanctions for the purposes of non-domestic energy efficiency regulations

(1) Non-domestic energy efficiency 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—

(a) 40for a local weights and measures 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) about the sanctions for the provision of false information in connection
45with such a requirement;

Energy BillPage 34

including, in cases falling within paragraph (b) or (c), the imposition of a civil
penalty by a local weights and measures authority.

(3) Where non-domestic energy efficiency regulations make provision for a civil
penalty, the regulations must also include provision for a right of appeal to a
5court or tribunal against the imposition of the penalty.

(4) Provision falling within subsection (3) includes, in particular, provision—

(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) 10as to the procedure for making an appeal (including any fee which may
be payable);

(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) 15as to how any sum payable in pursuance of a decision of the court or
tribunal is to be recoverable.

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

(a) to confirm the penalty;

(b) 20to withdraw the penalty;

(c) to vary the amount of the penalty;

(d) to award costs.

(6) If the Secretary of State considers it appropriate for the purpose of, or in
consequence of, any provision falling within subsection (4)(a), (c), (e) or (f),
25non-domestic energy efficiency regulations may revoke or amend any
subordinate legislation in so far as the subordinate legislation extends to
England and Wales.

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

General

51 Regulations and orders: England and Wales

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

(2) 35Regulations and orders under this Chapter are to be made by statutory
instrument.

(3) A statutory instrument containing an order under section 42(5) or 48(5) is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(4) 40A statutory instrument containing—

(a) an order under section 41(1)(a)(iii), or

(b) regulations under this Chapter,

may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.

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(5) The Secretary of State must obtain the consent of the Welsh Ministers before
making provision under this Chapter amending or revoking—

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

(b) 5any other subordinate legislation made by the Welsh Ministers (or the
National Assembly for Wales established under the Government of
Wales Act 1998).

(6) Subsection (5) does not apply to the extent that the Secretary of State is making
incidental or consequential provision.

(7) 10The Secretary of State must consult the Welsh Ministers before making—

(a) domestic energy efficiency regulations, or

(b) tenants’ energy efficiency improvements regulations,

which apply in relation to domestic PR properties situated in Wales.

(8) Subsection (7) does not apply to the extent that consent has been obtained
15under subsection (5).

52 Crown application: Chapter 2

This Chapter binds the Crown.

CHAPTER 3 Private rented sector: Scotland

Introductory

53 20Meaning of “domestic PR property” and “non-domestic PR property”:
Scotland

(1) For the purposes of this Chapter—

(a) a property is a “Scottish domestic private rented property” if it is let
under a tenancy to which Chapter 4 of Part 1 of the Housing (Scotland)
25Act 2006 (asp 1)Housing (Scotland)
25Act 2006 (asp 1) applies;

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

(i) is situated in Scotland,

(ii) is let under a tenancy, and

(iii) is not a dwelling.

(2) 30In subsection (1)(b) “dwelling” has the meaning given by the Energy
Performance of Buildings (Scotland) Regulations 2008 (S.S.I. 2008/309)Energy
Performance of Buildings (Scotland) Regulations 2008 (S.S.I. 2008/309) (“the
Energy Performance (Scotland) Regulations”).

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

(4) 35A Scottish non-domestic private rented property is referred to in this Chapter
as a “Scottish non-domestic PR property”.

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Scottish domestic energy efficiency regulations

54 Scottish domestic energy efficiency regulations

(1) The Scottish Ministers may make regulations for the purpose of securing that
a landlord of a Scottish domestic PR property—

(a) 5which is of such description of Scottish 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
10regulations,

may not let the property until the landlord has complied with the obligation
mentioned 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) 15Regulations under this section are referred to in this Chapter as “Scottish
domestic energy efficiency regulations”.

(4) For the purposes of Scottish domestic energy efficiency regulations—

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

  • 20“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”);

  • “relevant energy efficiency improvements” means improvements
    which—

    (a)

    25are of such description as the regulations provide, and

    (b)

    can be—

    (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
    30imposed 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
    plan and such an obligation, or

    (iv)

    35financed by such other description of financial
    arrangement as the regulations provide.

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

(6) Scottish domestic energy efficiency regulations may come into force no earlier
40than 1 April 2015.

55 Further provision about Scottish domestic energy efficiency regulations

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

(a) the period within which improvements required by the regulations
45must be started or completed;

Energy BillPage 37

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

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

(2) 5Provision falling within subsection (1)(b) 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
complying with a requirement imposed by or under the regulations.

(3) 10Provision falling within subsection (1)(c) 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) 15that the improvements required by or under the regulations are not
relevant energy efficiency improvements within the meaning given by
the regulations.

56 Sanctions for the purposes of Scottish domestic energy efficiency regulations

(1) Scottish domestic energy efficiency regulations may include provision for the
20purpose of securing compliance with requirements imposed on landlords by
or under the regulations.

(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) 25about the sanctions for non-compliance with a requirement imposed by
or under the regulations;

(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
30penalty by a local authority.

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

(4) Where Scottish domestic energy efficiency regulations make provision for the
imposition of a civil penalty, the regulations must also include provision for a
35right of appeal to a court or tribunal against the imposition of the penalty.

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

(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) 40as to the procedure for making an appeal (including any fee which may
be payable);

(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) 45as to how any sum payable in pursuance of a decision of the court or
tribunal is to be recoverable.

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(6) The 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) 5to vary the amount of the penalty;

(d) to award costs.

(7) If the Scottish Ministers consider it appropriate for the purpose of, or in
consequence of, any provision falling within subsection (5)(a), (c), (e) or (f),
Scottish domestic energy efficiency regulations may revoke or amend any
10subordinate legislation 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.

(8) In this section “subordinate legislation” has the meaning given in section 21(1)
of the Interpretation Act 1978, except that it includes any instrument made
15under an Act of the Scottish Parliament.

Scottish tenants’ energy efficiency improvements regulations

57 Scottish tenants’ energy efficiency improvements regulations

(1) The Scottish Ministers may make regulations for the purpose of securing that
a landlord of a Scottish domestic PR property which is of such description of
20Scottish domestic PR property as is provided for by the regulations does not
unreasonably refuse a request mentioned in subsection (2).

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

(3) Regulations under this section are referred to in this Chapter as “Scottish
25tenants’ energy efficiency improvements regulations”.

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

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

  • “relevant energy efficiency improvements” means improvements
    30which—

    (a)

    are of such description as the regulations provide, and

    (b)

    can be—

    (i)

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

    (ii)

    35provided 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
    40plan and such an obligation, or

    (iv)

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

(5) Scottish tenants’ energy efficiency improvements regulations may come into
force no earlier than 1 April 2015.

Energy BillPage 39

58 Further provision about Scottish tenants’ energy efficiency improvements
regulations

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

(a) 5the 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
given);

(c) exemptions from any requirement imposed by or under the
10regulations;

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

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

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

(a) 20an 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 for which consent has been requested are not
relevant energy efficiency improvements within the meaning given by
25the regulations.

59 Sanctions for the purposes of Scottish tenants’ energy efficiency
improvements regulations

(1) Scottish tenants’ energy efficiency improvements regulations may include
provision for the purpose of securing compliance with requirements imposed
30on 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
complied with a requirement imposed by or under the regulations.

(3) Where the regulations make provision for a tenant to make an application such
35as is mentioned in subsection (2), the provision may, in particular, include
provision—

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

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

(c) 40as to the procedure for making an application (including any fee which
may be payable);

(d) as to the powers of the court or tribunal to which an application is made
(including as to expenses which may be awarded);

(e) as to how any sum payable in pursuance of a decision of the court or
45tribunal is to be recoverable.

(4) Where the regulations make provision for a tenant to make an application such
as is mentioned in subsection (2), the regulations must also include provision