Energy Bill (HL Bill 45)

(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

disconnected or the liability to make green deal payments were not

5suspended, and

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

plan.

31 Appeals

(1) This section applies if provision is included in a scheme or regulations by

10virtue of any of the following—

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

(b) section 6(4);

(c) section 14.

(2) The Secretary of State must by regulations provide for a right of appeal to a

15court or tribunal against any sanction imposed, or other action taken, by the

Secretary of State or a specified public body under the provision mentioned in

subsection (1).

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

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

20made;

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

(c) as 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) 25suspending the effect of a sanction or other action being appealed

against, pending determination of the appeal;

(f) as 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) 30The provision referred to in subsection (3)(f) includes provision conferring on

the court or tribunal to which an appeal is made power—

(a) to 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) 35to remit the decision whether to confirm the sanction or other action, or

any matter relating to that decision, to the person who imposed the

sanction or took the action;

(e) to award costs.

(5) If the Secretary of State considers it appropriate for the purpose of, or in

40consequence of, any provision falling within subsection (3)(a), (d), (f) or (g),

regulations under this section may revoke or amend any subordinate

legislation.

(6) In this section—

(a) “specified public body” means a public body specified in an order

45made by virtue of section 28(1);

(b) “subordinate legislation” has the meaning given in section 21(1) of the

Interpretation Act 1978.

32 Funding for energy efficiency advice

(1) The Secretary of State may incur expenditure in providing qualifying advice or

5information or in making payments to persons who provide qualifying advice

or information.

(2) In this section “qualifying advice or information” means advice or information

about green deal plans or energy efficiency generally which is given to

individuals or organisations.

33 10Regulations and orders

(1) Regulations 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 are to be made by statutory

instrument.

(3) 15A statutory instrument containing regulations or an order under this Chapter

is subject to annulment in pursuance of a resolution of either House of

Parliament.

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

(a) the framework regulations,

(b) 20regulations under section 10(2), 11(6) or 13(7) or (8),

(c) regulations under section 14, 30 or 31, or

(d) an order under section 27.

(5) A statutory instrument containing regulations or an order falling within

subsection (4)(a), (c) or (d) may not be made unless a draft of the instrument

25has been laid before, and approved by a resolution of, each House of

Parliament.

(6) A statutory instrument containing regulations falling within subsection (4)(b)

is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(7) Before making regulations or an order under this Chapter extending to

30Scotland, the Secretary of State must—

(a) if the regulations or order contain any provision which would be

within the legislative competence of the Scottish Parliament if it were

contained in an Act of that Parliament, obtain the consent of the Scottish

Ministers;

(b) 35in any other case, consult the Scottish Ministers.

(8) Before making regulations or an order under this Chapter applying to Wales,

the Secretary of State must consult the Welsh Ministers.

34 Crown application: Chapter 1

This Chapter binds the Crown.

CHAPTER 2 Private rented sector: England and Wales

Introductory

35 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, or

(ii) 10under a tenancy which is a regulated tenancy for the purposes

of the Rent Act 1977;

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

(i) is situated in England and Wales,

(ii) is let under a tenancy, and

(iii) 15is not a dwelling.

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

(a) it is low cost rental accommodation within the meaning of section 69 of

the Housing and Regeneration Act 2008 and the landlord is a private

registered provider of social housing, or

(b) 20the landlord is a body registered as a social landlord under Chapter 1

of Part 1 of the Housing Act 1996.

(3) In subsection (1)(b) “dwelling” has the meaning given by the Energy

Performance of Buildings (Certificates and Inspections) (England and Wales)

Regulations 2007 (S.I. 2007/991S.I. 2007/991) or any regulations replacing those regulations

25(“the Energy Performance Regulations”).

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

PR property”.

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

domestic PR property”.

36 30Review of energy efficiency in the private rented sector: England and Wales

(1) A review under this section is a review of the energy efficiency of domestic PR

properties and non-domestic PR properties (referred to in this Chapter as “PR

properties”).

(2) The Secretary of State must conduct the review, or arrange for the review to be

35conducted on behalf of the Secretary of State by another person.

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

(a) that person must conduct the review in accordance with any directions

given by the Secretary of State, and

(b) the arrangement may include provision for payments to be made by the

40Secretary of State to the person.

(4) The review must not be commenced before the end of the period of one year

beginning with the day on which regulations under section 3 (green deal

framework regulations) first come into force in relation to England and Wales.

(5) The review must include—

(a) 5a comparison of the energy efficiency of PR properties with the energy

efficiency of properties in England and Wales which are not PR

properties;

(b) a consideration of the extent to which financial assistance is available to

landlords of PR properties for the purpose of taking measures to

10improve the energy efficiency of their properties;

(c) a consideration of the need for action to be taken for the purpose of

improving the energy efficiency of PR properties;

(d) a consideration of the possible effects of any action recommended to be

taken as a result of the consideration required by paragraph (c).

(6) 15A report of the review must be published before 1 April 2014.

Domestic energy efficiency regulations

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

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

exercisable only—

(a) 20after the publication of the report under section 36(6), and

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

regulations—

(i) will improve the energy efficiency of the domestic PR

properties to which the regulations relate, and

(ii) 25will not decrease the number of properties available for rent.

(2) The Secretary of State may make regulations requiring local authorities to issue

the notice mentioned in subsection (3) to the landlord of each domestic PR

property—

(a) which is of such description of domestic PR property as is provided for

30by 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.

(3) 35The notice is one requiring the landlord to make to the property such relevant

energy efficiency improvements as are identified by the notice.

(4) The regulations may—

(a) provide for the steps which each local authority must take to identify

the properties in relation to which a notice should be issued, and

(b) 40provide for the duty to issue a notice not to apply in such circumstances

as may be provided for by the regulations.

(5) Regulations under this section are referred to in this Chapter as “domestic

energy efficiency regulations”.

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

Energy BillPage 24

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

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

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

  (a)

  are of such description as the regulations provide, and

  (b)

  can be—

  (i)

  wholly paid for pursuant to a green deal plan as
  
  10provided 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
  
  Electricity Act 1989,

  (iii)

  15wholly financed pursuant to a combination of such a
  
  plan and such an obligation, or

  (iv)

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

(7) The Secretary of State may by order amend the definition of “energy

20performance certificate” in subsection (6).

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

April 2015.

38 Further provision about domestic energy efficiency regulations: England and

Wales

(1) 25Domestic energy efficiency regulations may, in particular, include provision

about—

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

regulations;

(b) the form, content and service of any response by the landlord to a notice

30(including the period within which any response must be given);

(c) the circumstances in which, and the method by which, a local authority

may or must withdraw a notice;

(d) the period within which the improvements required by a notice must

be started or completed;

(e) 35exemptions from any requirement imposed by or under the

regulations;

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

regulations.

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

40about exemptions—

(a) relating to any necessary permissions or consents;

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

complying with the notice.

(3) Provision falling within subsection (1)(f) includes, in particular, provision

45about evidence for the purpose of demonstrating—

(a) compliance with a notice;

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

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

power to issue a notice;

(d) that the improvements required by a notice are not relevant energy

efficiency improvements within the meaning given by the regulations.

39 5Sanctions for the purposes of domestic energy efficiency regulations:

England and Wales

(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) 10Provision falling within subsection (1) includes, in particular, provision

about—

(a) the sanctions for non-compliance with a requirement imposed by or

under the regulations;

(b) the sanctions for the provision of false information in connection with

15such a requirement;

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

(3) The amount of any civil penalty provided for by domestic energy efficiency

regulations must not exceed £5,000.

(4) Where domestic energy efficiency regulations make provision for the

20imposition 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) as to the jurisdiction of the court or tribunal to which an appeal may be

made;

(b) 25as 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 imposition of the penalty, pending determination of the

appeal;

(e) 30as 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

the court or tribunal to which an appeal is made power—

(a) 35to confirm the penalty;

(b) to withdraw the penalty;

(c) to vary the amount of the penalty;

(d) to award costs.

(7) If the Secretary of State considers it appropriate for the purpose of, or in

40consequence of, any provision falling within subsection (5)(a), (c), (e) or (f),

domestic energy efficiency regulations may revoke or amend any subordinate

legislation in so far as the subordinate legislation extends to England and

Wales.

(8) In this section “subordinate legislation” has the meaning given in section 21(1)

45of the Interpretation Act 1978.

Tenants’ energy efficiency improvements regulations

40 Power to make tenants’ energy efficiency improvements regulations: England

and Wales

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

5exercisable only—

(a) after the publication of the report under section 36(6), and

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

regulations—

(i) will improve the energy efficiency of the domestic PR

10properties to which the regulations relate, and

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

(2) The Secretary of State may make regulations for the purpose of securing that a

landlord of a domestic PR property which is of such description of domestic PR

property as is provided for by the regulations does not unreasonably refuse a

15request mentioned in subsection (3).

(3) 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.

(4) Regulations under this section are referred to in this Chapter as “tenants’

energy efficiency improvements regulations”.

(5) 20For the purposes of tenants’ energy efficiency improvements regulations—

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

• “relevant energy efficiency improvements” means improvements
  
  which—

  (a)

  are of such description as the regulations provide, and

  (b)

  25can 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
  
  imposed by an order made under section 33BC or 33BD
  
  30of the Gas Act 1986 or section 41A or 41B of the
  
  Electricity Act 1989,

  (iii)

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

  (iv)

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

(6) Tenants’ energy efficiency improvements regulations may come into force no

earlier than 1 April 2015.

41 Further provision about tenants’ energy efficiency improvements

regulations: England and Wales

(1) 40Tenants’ energy efficiency improvements regulations may, in particular,

include provision about—

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

(b) the form, content and service of any response by the landlord to a

request (including the period within which any response must be

45given);

(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.

42 Sanctions for the purposes of tenants’ energy efficiency improvements

regulations: England and Wales

(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);

(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.

Non-domestic energy efficiency regulations

43 Power to make non-domestic energy efficiency regulations: England and

25Wales

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

exercisable only—

(a) after the publication of the report under section 36(6), and

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

30regulations—