(5) Subsection (6) applies if—

(a) by virtue of section 8(4)(b) or (c), the framework regulations specify a

document of a description which is required to be produced under the

2008 Regulations, and

(b) 5provision is made in the regulations by virtue of section 10(3)(a)

modifying the effect of the 2008 Regulations to require a document of

that description to contain additional information.

(6) The Scottish Ministers may by regulations make provision—

(a) for the 2008 Regulations to have effect with the further modifications

10specified in the regulations;

(b) as to the circumstances in which they are to so have effect.

(7) The modifications made by virtue of subsection (6)(a) may, in particular,

include—

(a) requiring the additional information to be amended;

(b) 15imposing a requirement to pay a fee.

(8) In subsections (2) and (3) “the 2007 Regulations” has the same meaning as in

section 9.

(9) In subsections (5) and (6) “the 2008 Regulations” has the same meaning as in

section 10.

20Disclosure of green deal plan etc

12 Disclosure of green deal plan etc in connection with sale or letting out

(1) This section applies where—

(a) a green deal property, or a lease of such a property, is to be sold, or

(b) a green deal property is to be let out—

(i) 25under a tenancy or licence agreement, and

(ii) on the basis that the prospective tenant or licensee is to be liable

for paying the energy bills for the property.

(2) The seller or prospective landlord or licensor must—

(a) obtain the document mentioned in section 8(4) or, if that provision has

30not yet been complied with, produce a document containing the same

information in connection with the green deal plan as that document

would have contained, and

(b) provide the document free of charge to any prospective buyer, tenant

or licensee at the specified time.

(3) 35An obligation under subsection (2) may be discharged by an agent.

(4) For the purposes of subsection (2) a person becomes a prospective buyer,

tenant or licensee in relation to a property when the person—

(a) requests any information about the property from the seller,

prospective landlord or licensor or an agent for the purpose of deciding

40whether to buy or let the property,

(b) makes a request to view the property for the purpose mentioned in

paragraph (a), or

(c) makes an offer, whether oral or written, to buy or let the property.

(5) For the purposes of this section—

(a) an agent is a person acting on behalf of a seller or prospective landlord

or licensor in the sale or letting out of a property;

(b) a property is a green deal property if there is a green deal plan in

respect of the property and payments are still to be made under that

5plan;

(c) specified, in relation to a time, means specified in regulations made by

the Secretary of State.

(6) The Secretary of State may make regulations specifying cases or circumstances

in which subsection (2) does not apply.

13 10Acknowledgment of green deal plan on sale or letting out

(1) This section applies where—

(a) a green deal property, or a lease of such a property, is to be sold, or

(b) a green deal property is to be let out—

(i) under a tenancy or licence agreement which is in writing, and

(ii) 15on the basis that the prospective tenant or licensee is to be liable

for paying the energy bills for the property.

(2) The seller or prospective landlord or licensor must secure that the contract for

sale or tenancy or licence agreement includes an acknowledgment by the

buyer, tenant or licensee that the bill payer at the property is liable to make

20payments under the green deal plan and that certain terms of that plan are

binding on the bill payer.

(3) Subsections (4) and (5) apply where the green deal property is in England or

Wales.

(4) An acknowledgment required by subsection (2) must be in the form prescribed

25in regulations made by the Secretary of State.

(5) The Secretary of State may make regulations specifying cases or circumstances

in which subsection (2) does not apply.

(6) Subsections (7) and (8) apply where the green deal property is in Scotland.

(7) The acknowledgment required by subsection (2) must be in the form

30prescribed in regulations made by the Scottish Ministers.

(8) The Scottish Ministers may make regulations specifying cases or circumstances

in which subsection (2) does not apply.

(9) In this section references to a green deal property are to be read in accordance

with section 12(5)(b).

14 35Sanctions for non-compliance with section 12 or 13

(1) The Secretary of State may make regulations—

(a) for the purpose of securing compliance with the obligations set out in

sections 12 and 13;

(b) as to the consequences of non-compliance with the obligations.

(2) 40The regulations may, in particular, include provision—

(a) as to sanctions for non-compliance with the obligations (including the

imposition of a civil penalty);

(b) enabling the Secretary of State to require a green deal provider to

suspend or cancel the liability of a bill payer to make payments under

a green deal plan;

(c) enabling the Secretary of State to require a green deal provider to

5refund any such payments that have already been made;

(d) enabling the Secretary of State to require a seller or prospective

landlord or licensor to pay compensation to a green deal provider in

respect of any such suspension, cancellation or refund.

Modifying energy licences

15 10Power to modify energy licences in connection with green deal payments

(1) The Secretary of State may modify—

(a) a condition of a particular licence under section 7 or 7A of the Gas Act

1986 (gas transporter, shipper and supply licences);

(b) the standard conditions incorporated in licences under that provision

15by virtue of section 8 of that Act;

(c) a condition of a particular licence under section 6(1)(c) or (d) of the

Electricity Act 1989 (electricity distribution and supply licences);

(d) the standard conditions incorporated in licences under that provision

by virtue of section 8A of that Act;

(e) 20a document maintained in accordance with the conditions of licences

under section 7 or 7A of the Gas Act 1986 or section 6(1)(c) or (d) of the

Electricity Act 1989 or an agreement that gives effect to a document so

maintained.

(2) The power under subsection (1) may be exercised for the following purposes

25only—

(a) in so far as the power relates to a licence under section 7 of the Gas Act

1986 or section 6(1)(c) of the Electricity Act 1989, the purpose of

preventing the holder of the licence from permanently disconnecting

the supply of gas or electricity to a green deal property, and

(b) 30in so far as the power relates to any licence, the purpose of requiring or

enabling the holder of the licence to take, or not to take, specified action

in connection with green deal payments.

(3) The provision which may be made by virtue of subsection (2)(b) includes, in

particular—

(a) 35if the holder of the licence is of a specified description, provision

enabling the holder to opt into or opt out of any provision made by

virtue of paragraphs (b) to (f),

(b) provision requiring the holder of the licence to collect green deal

payments through energy bills and remit them to a green deal provider,

(c) 40provision as to the circumstances in which the holder of the licence is

required to make payments to a green deal provider by reference to

green deal payments which are due but which have not been made,

(d) provision in connection with the cancellation or suspension of green

deal payments,

(e) 45provision requiring or enabling the holder of the licence to make

specified arrangements for facilitating the collection of green deal

payments, and

(f) provision enabling payments to be made by or to the holder of the

licence in respect of functions discharged in connection with green deal

payments.

(4) For the purposes of this section—

(a) 5payments are green deal payments if they are made under a green deal

plan,

(b) a  property is a green deal property if there is a green deal plan in

respect of the property and payments are still to be made under that

plan, and

(c) 10references to a green deal provider include references to a person acting

on behalf of a green deal provider.

16 Power to modify energy supply licences to make provision as to default in

green deal payments

(1) The Secretary of State may modify—

(a) 15a condition of a particular licence under section 7A(1) of the Gas Act

1986 (gas supply licences);

(b) the standard conditions incorporated in licences under that provision

by virtue of section 8 of that Act;

(c) a condition of a particular licence under section 6(1)(d) of the Electricity

20Act 1989 (electricity supply licences);

(d) the standard conditions incorporated in licences under that provision

by virtue of section 8A of that Act;

(e) a document maintained in accordance with the conditions of licences

under section 7A(1) of the Gas Act 1986 or section 6(1)(d) of the

25Electricity Act 1989 or an agreement that gives effect to a document so

maintained.

(2) The power under subsection (1) may be exercised for the purpose only of

making provision—

(a) as to the steps which are to be taken by the holder of a licence following

30a bill payer’s default in making green deal payments to the holder of

the licence;

(b) as to the circumstances in which the holder of a licence may disconnect

the supply to a green deal property following such a default, or

(c) enabling, in specified circumstances, the holder of a licence to require

35from a bill payer a deposit by way of security for green deal payments

to be made by the bill payer.

(3) For the purposes of this section “green deal payments” and “green deal

property” are to be read in accordance with section 15(4).

17 Power to modify energy supply licences to require provision of information

(1) 40The Secretary of State may modify—

(a) a condition of a particular licence under section 7A(1) of the Gas Act

1986 (gas supply licences);

(b) the standard conditions incorporated in licences under that provision

by virtue of section 8 of that Act;

(c) 45a condition of a particular licence under section 6(1)(d) of the Electricity

Act 1989 (electricity supply licences);

(d) the standard conditions incorporated in licences under that provision

by virtue of section 8A of that Act;

(e) a document maintained in accordance with the conditions of licences

under section 7A(1) of the Gas Act 1986 or section 6(1)(d) of the

5Electricity Act 1989 or an agreement that gives effect to a document so

maintained.

(2) The power under subsection (1) may be exercised for the purpose only of

requiring, at specified times, the holder of the licence to provide bill payers

with specified information in connection with their green deal plans.

(3) 10The power may be exercised so as to require information to be provided in a

specified form.

18 Power to modify energy supply licences to make provision as to consumer

protection

(1) The Secretary of State may modify—

(a) 15a condition of a particular licence under section 7A(1) of the Gas Act

1986 (gas supply licences);

(b) the standard conditions incorporated in licences under that provision

by virtue of section 8 of that Act;

(c) a condition of a particular licence under section 6(1)(d) of the Electricity

20Act 1989 (electricity supply licences);

(d) the standard conditions incorporated in licences under that provision

by virtue of section 8A of that Act;

(e) a document maintained in accordance with the conditions of licences

under section 7A(1) of the Gas Act 1986 or section 6(1)(d) of the

25Electricity Act 1989 or an agreement that gives effect to a document so

maintained.

(2) The power under subsection (1) may be exercised for the purpose only of

making provision corresponding to that made by the disapplied consumer

protection legislation.

(3) 30For the purposes of subsection (2) provision corresponds to that made by the

disapplied consumer protection legislation if it is made for the same purpose

as the purpose for which that provision was made.

(4) For the purposes of this section references to the disapplied consumer

protection legislation are to the provisions of the Consumer Credit Act 1974

35which would have applied if the amendment made by section 24 had not been

made.

19 Powers under sections 15 to 18: consultation

(1) Before making a modification under any of sections 15 to 18, the Secretary of

State must consult—

(a) 40the holder of any licence being modified,

(b) the Gas and Electricity Markets Authority, and

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

(2) Subsection (1) may be satisfied by consultation before, as well as consultation

after, the passing of this Act.

20 Powers under sections 15 to 18: supplementary

(1) This section applies in relation to the powers under sections 15 to 18.

(2) The powers—

(a) may be exercised generally, only in relation to specified cases or subject

5to exceptions (including provision for a case to be excepted only so long

as specified conditions are satisfied);

(b) may be exercised differently in different cases or circumstances;

(c) include a power to make incidental, consequential or transitional

modifications.

(3) 10Provision included in a licence by virtue of any of the powers—

(a) need not relate to the activities authorised by the licence;

(b) may make different provision for different cases.

(4) The Secretary of State must publish details of modifications under any of the

powers as soon as reasonably practicable after the modifications are made.

(5) 15A modification under any of the powers of part of a standard condition of a

licence does not prevent any other part of the condition from continuing to be

regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986

or Part 1 of the Electricity Act 1989.

(6) Where the Secretary of State makes modifications under any of the powers of

20the standard conditions of a licence of any type, the Gas and Electricity Markets

Authority must make the same modification of those standard conditions for

the purposes of their incorporation in licences of that type granted after that

time.

Gas and electricity codes

21 25Recovering green deal payments: gas suppliers

(1) Schedule 2B to the Gas Act 1986 (the gas code) is amended as follows.

(2) In paragraph 6A(1) for paragraph (a) substitute—

“(a) the sum is owed to an authorised supplier—

(i) in respect of the supply of gas to the premises on

30which the meter is installed,

(ii) in respect of the provision of the meter, or

(iii) under a green deal plan (within the meaning of

section 1 of the Energy Act 2011) in respect of the

premises; or”.

(3) 35In paragraph 7(1) for paragraphs (a) and (b) substitute—

“(a) a demand in writing is made by a gas supplier for any of the

relevant payments to be made by a consumer; and

(b) the consumer does not make those payments within 28 days

after the making of the demand.”

(4) 40After paragraph 7(1) insert—

“(1A) A payment is a relevant payment for the purposes of sub-paragraph

(1) if it is due to the gas supplier from the consumer—

(a) in respect of the supply of gas to any premises of the

consumer (in this paragraph referred to as “the premises”); or

(b) under a green deal plan (within the meaning of section 1 of

the Energy Act 2011) in respect of the premises.”

(5) 5In each of paragraphs 7(4)(b) and (5) for “charges” substitute “payments”.

22 Recovering green deal payments: electricity suppliers

(1) The Electricity Act 1989 is amended as follows.

(2) Paragraph 2 of Schedule 6 to the Electricity Act 1989 (the electricity code) is

amended as set out in subsections (3) to (5).

(3) 10In sub-paragraph (1) for the words from “paid” to “electricity meter” substitute

“made all the relevant payments”.

(4) After sub-paragraph (1) insert—

“(1A) A payment is a relevant payment for the purposes of sub-paragraph

(1) if it is due from the customer to an electricity supplier—

(a) 15in respect of the supply of electricity to any premises or the

provision of an electricity meter; or

(b) under a green deal plan (within the meaning of section 1 of

the Energy Act 2011) in respect of the premises.”

(5) In sub-paragraph (3) for “payment of the charges due” substitute “the relevant

20payments to be made”.

(6) In paragraph 12(2) of Schedule 7 (recovery through pre-payment meters) for

paragraph (a) substitute—

“(a) the sum is owed to an authorised supplier—

(i) in respect of the supply of electricity to the premises

25on which the meter is installed,

(ii) in respect of the provision of the meter, or

(iii) under a green deal plan (within the meaning of

section 1 of the Energy Act 2011) in respect of the

premises; or”.

30Modifying consumer credit legislation

23 Exemption from Consumer Credit Act 1974 in relation to credit to business

debtors

(1) Section 16B of the Consumer Credit Act 1974 (exemption relating to

businesses) is amended as follows.

(2) 35After subsection (1) insert—

“(1A) This Act does not regulate a consumer credit agreement if—

(a) the credit provided by the creditor to the debtor by the

agreement does not exceed £25,000,

(b) the agreement is entered into by the debtor wholly for the

40purposes of a business carried on, or intended to be carried on,

by the debtor, and

(c) the agreement is a green deal plan (within the meaning of

section 1 of the Energy Act 2011).”

(3) In subsection (2) after “If an agreement” insert “falling within subsection (1)”.

(4) After subsection (3) insert—

“(3A) 5Subsections (2) and (3) also apply in relation to an agreement falling

within subsection (1A) but with the omission of the words “or

predominantly”.

24 Energy suppliers not to be treated as carrying on ancillary credit business

In section 21 of the Consumer Credit Act 1974 (businesses needing an OFT

10licence) after subsection (3) insert—

“(4) A relevant energy supplier acting in that capacity does not need a

licence to carry on an ancillary credit business so far as it comprises or

relates to debt-adjusting, debt-counselling, debt-collecting or debt

administration in relation to debts due under a green deal plan

15associated with the supplier.

(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

20Energy Act 2011; and

(b) “relevant energy supplier” has the meaning given in regulations

made for the purposes of section 2(9) of that Act.”

25 Duties to give debtors information and statements

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

(2) 25In 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

30by 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) 35Any 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

40(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.”

26 Exemption from requirement to give notice of sums in arrears

In section 86B of the Consumer Credit Act 1974 (requirement to give notice of

5sums 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) 10it 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) 15An 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.”

27 Power to amend Consumer Credit Act 1974

(1) 20The 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) 25the Office of Fair Trading, and

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

Delegation of functions to public body

28 Delegation and conferring of functions

(1) The Secretary of State may by order provide for the following functions

30conferred 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

the framework regulations;

(b) any function exercisable under the framework regulations by virtue of

35section 6(4);

(c) any function under section 7(3)(b) of annexing a list to the code of

practice for the purposes of the scheme;

(d) any function under regulations made under section 14.

(2) If the function of issuing a code of practice for the purposes of the scheme is

40specified in an order by virtue of subsection (1)(a), the code must not be issued

unless the Secretary of State has approved it.

(3) 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.

(4) 5For the purposes of subsection (3) 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 15(3) of this Act.

(5) An order made by virtue of subsection (1) or (3)(b) may provide for—

(a) 10different functions to be exercisable by different public bodies;

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

to different areas.

(6) The Secretary of State may make payments to any public body specified in an

order made by virtue of subsection (1).

29 15Duty to report

(1) This section applies if the function under section 3(1)(a) is specified in an order

made by virtue of section 28(1)(a).

(2) The Secretary of State may make regulations requiring the body specified in

relation to that function in the order to—

(a) 20collect information on the specified matters, and

(b) provide the Secretary of State with a report on those matters at the

specified times.