Energy Bill (HL Bill 45)

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

properties 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

35landlord 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) in relation to which there is an energy performance certificate, and

(c) which falls below such level of energy efficiency (as demonstrated by

40the 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 (3).

(3) The obligation is to make to the property such relevant energy efficiency

45improvements as are provided for by the regulations.

(4) Regulations under this section are referred to in this Chapter as “non-domestic

energy efficiency regulations”.

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

• “energy performance certificate” has the meaning given by the Energy
  
  5Performance Regulations;

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

• “relevant energy efficiency improvements” means improvements
  
  which—

  (a)

  10are 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, or

  (ii)

  financed by such other description of financial
  
  15arrangement as the regulations provide.

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

performance certificate” in subsection (5).

(7) Non-domestic energy efficiency regulations may come into force no earlier

than 1 April 2015.

44 20Further provision about non-domestic energy efficiency regulations: England

and Wales

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

provision about—

(a) the period within which improvements required by the regulations

25must be started or completed;

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

regulations;

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

regulations.

(2) 30Provision 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) 35Provision 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) 40that the improvements required by or under the regulations are not

relevant energy efficiency improvements within the meaning given by

the regulations.