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Energy BillPage 40

for 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
5made;

(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) suspending the effect of the decision being appealed against, pending
10determination 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
15the court or tribunal to which an appeal is made power—

(a) to confirm the decision;

(b) to quash the decision;

(c) to make a different decision;

(d) to remit the decision or any matter relating to the decision to the person
20who made it;

(e) to award expenses.

(7) If the Scottish Ministers consider it appropriate for the purpose of, or in
consequence of, any provision falling within—

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

(b) 25subsection (5)(a), (c), (e) or (f),

Scottish tenants’ energy efficiency improvements regulations may revoke or
amend any subordinate 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) 30In this section “subordinate legislation” has the meaning given in section 21(1)
of the Interpretation Act 1978, except that it includes any instrument made
under an Act of the Scottish Parliament.

Scottish non-domestic energy efficiency regulations

60 Scottish non-domestic energy efficiency regulations

(1) 35The Scottish Ministers may make regulations for the purpose of securing that
a landlord of a Scottish non-domestic PR property—

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

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

(c) 40which 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).

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(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 “Scottish non-
domestic energy efficiency regulations”.

(4) 5For the purposes of Scottish non-domestic energy efficiency regulations—

(5) The Scottish Ministers may by order amend the definition of “energy
20performance certificate” in subsection (4).

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

61 Further provision about Scottish non-domestic energy efficiency regulations

(1) Scottish non-domestic energy efficiency regulations may, in particular, include
25provision 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) 30evidence 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) 35relating 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) 40that 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.

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62 Sanctions for the purposes of Scottish non-domestic energy efficiency
regulations

(1) Scottish non-domestic energy efficiency regulations may include provision for
the purpose of securing compliance with requirements imposed on landlords
5by or under the regulations.

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

(a) for a local authority constituted under section 2(1) of the Local
Government etc. (Scotland) Act 1994 to enforce any requirement
imposed by or under the regulations;

(b) 10about 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
15penalty by such a local authority.

(3) Where Scottish non-domestic energy efficiency regulations make provision for
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.

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

(a) 20as 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) 25suspending 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.

(5) 30The 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) to withdraw the penalty;

(c) to vary the amount of the penalty;

(d) 35to award expenses.

(6) If the Scottish Ministers consider it appropriate for the purpose of, or in
consequence of, any provision falling within subsection (4)(a), (c), (e) or (f),
Scottish non-domestic energy efficiency regulations may revoke or amend any
subordinate legislation if the provision making the revocation or amendment
40would be within the legislative competence of the Scottish Parliament if it were
included in an Act of that Parliament.

(7) 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
under an Act of the Scottish Parliament.

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General

63 Regulations and orders: Scotland

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

(2) 5Orders under this Chapter are subject to the negative procedure.

(3) Regulations under this Chapter are subject to the affirmative procedure.

64 Crown application: Chapter 3

This Chapter binds the Crown.

CHAPTER 4 Reducing carbon emissions and home-heating costs

65 10Promotion of reductions in carbon emissions: gas transporters and suppliers

(1) Section 33BC of the Gas Act 1986 (promotion of reductions in carbon emissions:
gas transporters and suppliers) is amended as follows.

(2) In subsection (1) (power by order to impose an obligation to achieve a carbon
emissions reduction target) for “the Authority” substitute “the Administrator”.

(3) 15After subsection (2) insert—

(2A) In this section “the Administrator” means—

(a) the Authority; or

(b) if the order so provides, the Secretary of State or a specified
body other than the Authority.

(4) 20In subsection (3) for “the Authority” substitute “the Administrator”.

(5) In subsection (4) for “the Authority” substitute “(subject to any directions given
under subsection (9B)) the Administrator”.

(6) In subsection (5) (general provision that may be included in an order imposing
an obligation to achieve a carbon emissions reduction target)—

(a) 25for paragraphs (ba) and (c) substitute—

(ba) requiring part of a carbon emissions reduction target to
be met by action of a specified description;

(bb) requiring the whole or any part of a carbon emissions
reduction target to be met by action relating to—

(i) 30individuals of a specified description,

(ii) property of a specified description,

(iii) specified areas or areas of a specified
description, or

(iv) individuals or property of a specified
35description in specified areas or areas of a
specified description;

(bc) enabling the Administrator to direct a transporter or
supplier to meet part of a carbon emissions reduction

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target by action relating to an individual named in the
direction;

(bd) preventing action from qualifying for the purpose of
meeting the whole or any part of a carbon emissions
5reduction target unless such persons as are specified in,
or determined in accordance with, the order—

(i) have been consulted about the action;

(ii) have consented to the action;

(be) requiring action which qualifies for the purpose of
10meeting both a carbon emissions reduction target and a
home-heating cost reduction target to be treated as
qualifying only for the purpose of meeting such one of
those targets as the transporter or supplier concerned
elects;

(c) 15determining, or specifying the method for determining,
the contribution that any action makes towards meeting
a carbon emissions reduction target;;

(b) in paragraph (d) for “the Authority” substitute “the Administrator”;

(c) in paragraph (e)—

(i) 20for “the Authority” substitute “the Administrator”;

(ii) for sub-paragraph (ii) substitute—

(ii) if so, what contribution the proposed action (or
any result of that action specified in the
determination) is to make towards achieving the
25carbon emissions reduction target;;

(d) in paragraph (f) for “the Authority” substitute “the Administrator”;

(e) after paragraph (f) insert ; and

(g) requiring the Administrator or a specified body to offer
services of a specified kind and authorising a specified
30fee to be charged to those who take up the offer.

(7) After subsection (5) insert—

(5A) If the order makes provision by virtue of subsection (5)(bc) enabling the
Administrator to direct a transporter or supplier to meet part of a
carbon emissions reduction target by action relating to an individual
35named in the direction the order may also make provision—

(a) authorising the Administrator to require specified persons to
provide it with information for the purpose of enabling it to
identify and select individuals who are to be the subject of a
direction;

(b) 40specifying criteria in accordance with which the Administrator
is to select individuals who are to be the subject of a direction;

(c) determining, or specifying the method for determining, which
transporter or supplier is to be given a direction in relation to
any particular individual selected in accordance with provision
45made under paragraph (b);

(d) authorising the Administrator, if it gives a direction to a
transporter or supplier, to provide the transporter or supplier
with information relating to the individual concerned for the
purpose of assisting the transporter or supplier to comply with
50the direction;

(e) as to the times at which a direction may be given;

Energy BillPage 45

(f) as to the circumstances in which a direction need not be
complied with.

(5B) Provision made by virtue of subsection (5)(c) may in particular provide
for an action to be treated as making a greater contribution than it
5would otherwise do if the action relates to—

(a) an individual of a specified description,

(b) a property of a specified description, or

(c) both an individual of a specified description and a property of
a specified description.

(8) 10In subsection (6) for “the Authority” substitute “the Administrator”.

(9) After subsection (7) insert—

(7A) The order may—

(a) make provision for any specified requirement contained in it to
be treated as a relevant requirement for the purposes of this
15Part; or

(b) if it provides for the Administrator to be a person other than the
Authority, make provision for and in connection with enabling
the Administrator to enforce any requirement imposed by the
order.

(7B) 20Provision made by virtue of paragraph (b) of subsection (7A) may, in
particular, include provision corresponding to or applying (with or
without modifications) any of sections 28 to 30F and section 38.

(10) In subsection (8) omit paragraph (b).

(11) After subsection (9) insert—

(9A) 25The order may make provision requiring the Administrator to give
guidance to transporters or suppliers concerning such matters relating
to the order as are specified.

(9B) The Administrator shall carry out its functions under this section in
accordance with any general or specific directions given to it by the
30Secretary of State.

(12) For subsection (10A) substitute—

(10A) The Secretary of State must obtain the consent of the Scottish Ministers
before making an order under this section which contains provision
that—

(a) 35is included by virtue of subsection (2)(b),

(b) extends to Scotland, and

(c) would be within the legislative competence of the Scottish
Parliament if contained in an Act of that Parliament.

(13) After subsection (12) insert—

(12A) 40Subsection (12) does not apply to an order under this section made only
for the purpose of amending an earlier order under this section so as to
alter the provision included in the earlier order by virtue of any of
paragraphs (b), (ba) or (c) of subsection (5).
But such an order shall be subject to annulment in pursuance of a
45resolution of either House of Parliament.

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(12B) If an order under this section provides for the Administrator to be a
body other than the Authority, the Secretary of State may make
payments to the body of such amounts as the Secretary of State
considers appropriate.

(14) 5In subsection (13) before the definition of “microgeneration” insert—

(15) The reference in subsection (12A) of section 33BC of the Gas Act 1986 to
paragraph (c) of subsection (5) of that section includes a reference to paragraph
10(c) of subsection (5) of that section before its substitution by subsection (6) of
this section.

66 Promotion of reductions in carbon emissions: electricity generators,
distributors and suppliers

(1) Section 41A of the Electricity Act 1989 (promotion of reductions in carbon
15emissions: electricity generators, distributors and suppliers) is amended as
follows.

(2) In subsection (1) (power by order to impose an obligation to achieve a carbon
emissions reduction target) for “the Authority” substitute “the Administrator”.

(3) After subsection (2) insert—

(2A) 20In this section “the Administrator” means—

(a) the Authority; or

(b) if the order so provides, the Secretary of State or a specified
body other than the Authority.

(4) In subsection (3) for “the Authority” substitute “the Administrator”.

(5) 25In subsection (4) for “the Authority” substitute “(subject to any directions given
under subsection (9B)) the Administrator”.

(6) In subsection (5) (general provision that may be included in an order imposing
an obligation to achieve a carbon emissions reduction target)—

(a) for paragraphs (ba) and (c) substitute—

(ba) 30requiring part of a carbon emissions reduction target to
be met by action of a specified description;

(bb) requiring the whole or any part of a carbon emissions
reduction target to be met by action relating to—

(i) individuals of a specified description,

(ii) 35property of a specified description,

(iii) specified areas or areas of a specified
description, or

(iv) individuals or property of a specified
description in specified areas or areas of a
40specified description;

(bc) enabling the Administrator to direct a distributor or
supplier to meet part of a carbon emissions reduction
target by action relating to an individual named in the
direction;

(bd) 45preventing action from qualifying for the purpose of
meeting the whole or any part of a carbon emissions

Energy BillPage 47

reduction target unless such persons as are specified in,
or determined in accordance with, the order—

(i) have been consulted about the action;

(ii) have consented to the action;

(be) 5requiring action which qualifies for the purpose of
meeting both a carbon emissions reduction target and a
home-heating cost reduction target to be treated as
qualifying only for the purpose of meeting such one of
those targets as the distributor or supplier concerned
10elects;

(c) determining, or specifying the method for determining,
the contribution that any action makes towards meeting
a carbon emissions reduction target;;

(b) in paragraph (d) for “the Authority” substitute “the Administrator”;

(c) 15in paragraph (e)—

for “the Authority” substitute “the Administrator”;

(ii) for sub-paragraph (ii) substitute—

(ii) if so, what contribution the proposed action (or
any result of that action specified in the
20determination) is to make towards achieving the
carbon emissions reduction target;;

(d) in paragraph (f) for “the Authority” substitute “the Administrator”;

(e) after paragraph (f) insert ; and

(g) requiring the Administrator or a specified body to offer
25services of a specified kind and authorising a specified
fee to be charged to those who take up the offer.

(7) After subsection (5) insert—

(5A) If the order makes provision by virtue of subsection (5)(bc) enabling the
Administrator to direct a distributor or supplier to meet part of a
30carbon emissions reduction target by action relating to an individual
named in the direction the order may also make provision—

(a) authorising the Administrator to require specified persons to
provide it with information for the purpose of enabling it to
identify and select individuals who are to be the subject of a
35direction;

(b) specifying criteria in accordance with which the Administrator
is to select individuals who are to be the subject of a direction;

(c) determining, or specifying the method for determining, which
distributor or supplier is to be given a direction in relation to
40any particular individual selected in accordance with provision
made under paragraph (b);

(d) authorising the Administrator, if it gives a direction to a
distributor or supplier, to provide the distributor or supplier
with information relating to the individual concerned for the
45purpose of assisting the distributor or supplier to comply with
the direction;

(e) as to the times at which a direction may be given;

(f) as to the circumstances in which a direction need not be
complied with.

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(5B) Provision made by virtue of subsection (5)(c) may in particular provide
for an action to be treated as making a greater contribution than it
would otherwise do if the action relates to—

(a) an individual of a specified description,

(b) 5a property of a specified description, or

(c) both an individual of a specified description and a property of
a specified description.

(8) In subsection (6) for “the Authority” substitute “the Administrator”.

(9) After subsection (7) insert—

(7A) 10The order may—

(a) make provision for any specified requirement contained in it to
be treated as a relevant requirement for the purposes of this
Part; or

(b) if it provides for the Administrator to be a person other than the
15Authority, make provision for and in connection with enabling
the Administrator to enforce any requirement imposed by the
order.

(7B) Provision made by virtue of paragraph (b) of subsection (7A) may, in
particular, include provision corresponding to or applying (with or
20without modifications) any of sections 25 to 28.

(10) In subsection (8) omit paragraph (b).

(11) After subsection (9) insert—

(9A) The order may make provision requiring the Administrator to give
guidance to distributors or suppliers concerning such matters relating
25to the order as are specified.

(9B) The Administrator shall carry out its functions under this section in
accordance with any general or specific directions given to it by the
Secretary of State.

(12) For subsection (10A) substitute—

(10A) 30The Secretary of State must obtain the consent of the Scottish Ministers
before making an order under this section which contains provision
that—

(a) is included by virtue of subsection (2)(b),

(b) extends to Scotland, and

(c) 35would be within the legislative competence of the Scottish
Parliament if contained in an Act of that Parliament.

(13) After subsection (12) insert—

(12A) Subsection (12) does not apply to an order under this section made only
for the purpose of amending an earlier order under this section so as to
40alter the provision included in the earlier order by virtue of any of
paragraphs (b), (ba) or (c) of subsection (5).
But such an order shall be subject to annulment in pursuance of a
resolution of either House of Parliament.

(12B) If an order under this section provides for the Administrator to be a
45body other than the Authority, the Secretary of State may make

Energy BillPage 49

payments to the body of such amounts as the Secretary of State
considers appropriate.

(14) In subsection (13) before the definition of “microgeneration” insert—

(15) The reference in subsection (12A) of section 41A of the Electricity Act 1989 to
paragraph (c) of subsection (5) of that section includes a reference to paragraph
(c) of subsection (5) of that section before its substitution by subsection (6) of
this section.

(16) 10The power to make orders under section 41A of the Electricity Act 1989 may
not be exercised so as to impose an obligation on an electricity generator that
has effect after 31 December 2012.

67 Promotion of reductions in home-heating costs: gas transporters and
suppliers

15After section 33BC of the Gas Act 1986 (promotion of reductions in carbon
emissions: gas transporters and suppliers) insert—

33BD Promotion of reductions in home-heating costs: gas transporters and
gas suppliers

(1) The Secretary of State may by order impose—

(a) 20on each gas transporter (or each gas transporter of a specified
description); and

(b) on each gas supplier (or each gas supplier of a specified
description),

an obligation to achieve, within a specified period and in accordance
25with the order, the home-heating cost reduction target to be
determined by the Administrator under the order for that transporter
or supplier (and that obligation is referred to in this section as a “home-
heating cost reduction obligation”).

(2) In this section—

(a) 30“the Administrator” means—

(i) the Authority; or

(ii) if the order so provides, the Secretary of State or a
specified body other than the Authority;

(b) “home-heating cost reduction target” means a target for the
35promotion of measures for reducing the cost to individuals of
heating their homes;

(c) “specified” means specified in the order.

(3) The power to make orders under this section may be exercised so as to
impose more than one home-heating cost reduction obligation on a
40person in relation to the same period or to periods that overlap to any
extent.

(4) Subsections (3), (5) to (8), (9A) and (10A) to (12B) of section 33BC apply
to an order under this section as they apply to an order under that
section, with the following modifications—

(a) 45for “carbon emissions reduction obligation” (in each place)
substitute “home-heating cost reduction obligation”;

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