PART 1 continued CHAPTER 2 continued
Contents page 1-9 10-19 20-24 30-24 40-24 50-24 60-24 70-24 80-24 90-24 100-24 110-24 120-24 130-24 Last page
Energy BillPage 30
(1)
Non-domestic energy efficiency regulations may include provision for the
purpose of securing compliance with requirements imposed on landlords by
5or under the regulations.
(2) Provision falling within subsection (1) includes, in particular, provision—
(a)
for 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
10or 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
penalty by a local weights and measures authority.
(3)
15Where 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)
as to the jurisdiction of the court or tribunal to which an appeal may be
20made;
(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 imposition of the penalty, pending determination of the
25appeal;
(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)
The provision referred to in subsection (4)(e) includes provision conferring on
30the 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) to award costs.
(6)
35If 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),
non-domestic energy efficiency regulations may revoke or amend any
subordinate legislation in so far as the subordinate legislation extends to
England and Wales.
(7)
40In this section “subordinate legislation” has the meaning given in section 21(1)
of the Interpretation Act 1978.
Energy BillPage 31
(1)
Regulations and orders under this Chapter may make different provision for
different cases or circumstances or for different purposes.
(2)
5Regulations and orders under this Chapter are to be made by statutory
instrument.
(3)
A statutory instrument containing an order under this Chapter is subject to
annulment in pursuance of a resolution of either House of Parliament.
(4)
A statutory instrument containing regulations under this Chapter may not be
10made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.
This Chapter binds the Crown.
(1) For the purposes of this Chapter—
(a)
a property is a “Scottish domestic private rented property” if it is let
20under a tenancy to which Chapter 4 of Part 1 of the Housing (Scotland)
Act 2006 (asp 1)Housing (Scotland)
Act 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) 25is not a dwelling.
(2)
In 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) or any
regulations replacing those regulations (“the Energy Performance (Scotland)
Regulations”).
(3)
30A Scottish domestic private rented property is referred to in this Chapter as a
“Scottish domestic PR property”.
(4)
A Scottish non-domestic private rented property is referred to in this Chapter
as a “Scottish non-domestic PR property”.
(1)
35A review under this section is a review of the energy efficiency of Scottish
domestic PR properties and Scottish non-domestic PR properties (referred to
in this Chapter as “Scottish PR properties”).
Energy BillPage 32
(2)
The Scottish Ministers must conduct the review, or arrange for the review to be
conducted on behalf of the Scottish Ministers by another person.
(3) If the Scottish Ministers arrange for another person to conduct the review—
(a)
that person must conduct the review in accordance with any directions
5given by the Scottish Ministers, and
(b)
the arrangement may include provision for payments to be made by the
Scottish Ministers 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
10framework regulations) first come into force in relation to Scotland.
(5) The review must include—
(a)
a comparison of the energy efficiency of Scottish PR properties with the
energy efficiency of properties in Scotland which are not Scottish PR
properties;
(b)
15a consideration of the extent to which financial assistance is available to
landlords of Scottish PR properties for the purpose of taking measures
to improve 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 Scottish PR properties;
(d)
20a consideration of the possible effects of any action recommended to be
taken as a result of the consideration required by paragraph (c).
(6) A report of the review must be published before 1 April 2014.
(1)
25The power of the Scottish Ministers to make regulations under this section is
exercisable only—
(a) after the publication of the report under section 49(6), and
(b)
if, having regard to the report, the Scottish Ministers consider that the
regulations—
(i)
30will improve the energy efficiency of the Scottish domestic PR
properties to which the regulations relate, and
(ii) will not decrease the number of properties available for rent.
(2)
The Scottish Ministers may make regulations requiring local authorities to
issue the notice mentioned in subsection (3) to the landlord of each Scottish
35domestic PR property—
(a)
which 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
40the energy performance certificate) as is provided for by the
regulations.
(3)
The 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—
Energy BillPage 33
(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)
provide for the duty to issue a notice not to apply in such circumstances
as may be provided for by the regulations.
(5)
5Regulations under this section are referred to in this Chapter as “Scottish
domestic energy efficiency regulations”.
(6) For the purposes of Scottish domestic energy efficiency regulations—
“energy performance certificate” has the meaning given by the Energy
Performance (Scotland) Regulations;
10“landlord” has the meaning given by the regulations;
“local authority” means a local authority constituted under section 2(1) of
the Local Government etc. (Scotland) Act 1994; and
“relevant energy efficiency improvements” means improvements
which—
15are of such description as the regulations provide, and
can be—
wholly paid for pursuant to a green deal plan as
provided for by Chapter 1 of this Part,
provided free of charge pursuant to an obligation
20imposed by an order made under section 33BC or 33BD
of the Gas Act 1986 or section 41A or 41B of the
Electricity Act 1989,
wholly financed pursuant to a combination of such a
plan and such an obligation, or
25financed by such other description of financial
arrangement as the regulations provide.
(7)
The Scottish Ministers may by order amend the definition of “energy
performance certificate” in subsection (6).
(8)
Scottish domestic energy efficiency regulations may come into force no earlier
30than 1 April 2015.
(1)
Scottish domestic energy efficiency regulations may, in particular, include
provision about—
(a)
the form, content and service of the notice to be issued under the
35regulations;
(b)
the form, content and service of any response by the landlord to a notice
(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)
40the period within which the improvements required by a notice must
be started or completed;
(e)
exemptions from any requirement imposed by or under the
regulations;
(f)
evidence relating to any requirement imposed by or under the
45regulations.
(2)
Provision falling within subsection (1)(e) includes, in particular, provision
about exemptions—
Energy BillPage 34
(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
5about 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)
10that the improvements required by a notice are not relevant energy
efficiency improvements within the meaning given by the regulations.
(1)
Scottish domestic energy efficiency regulations may include provision for the
15purpose of securing compliance with requirements imposed on landlords by
or under the regulations.
(2)
Provision falling within subsection (1) includes, in particular, provision
about—
(a)
the sanctions for non-compliance with a requirement imposed by or
20under the regulations;
(b)
the sanctions for the provision of false information in connection with
such 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 Scottish domestic energy
25efficiency 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
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)
30as 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)
35suspending 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.
(6)
40The 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) to vary the amount of the penalty;
(d) 45to award costs.
Energy BillPage 35
(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
subordinate legislation if the provision making the revocation or amendment
5would 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
under an Act of the Scottish Parliament.
(1)
The power of the Scottish Ministers to make regulations under this section is
exercisable only—
(a) 15after the publication of the report under section 49(6), and
(b)
if, having regard to the report, the Scottish Ministers consider that the
regulations—
(i)
will improve the energy efficiency of the Scottish domestic PR
properties to which the regulations relate, and
(ii) 20will not decrease the number of properties available for rent.
(2)
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
Scottish domestic PR property as is provided for by the regulations does not
unreasonably refuse a request mentioned in subsection (3).
(3)
25The 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 “Scottish
tenants’ energy efficiency improvements regulations”.
(5)
For the purposes of Scottish tenants’ energy efficiency improvements
30regulations—
“landlord” and “tenant” have the meaning given by the regulations; and
“relevant energy efficiency improvements” means improvements
which—
are of such description as the regulations provide, and
35can be—
wholly paid for pursuant to a green deal plan as
provided for by Chapter 1 of this Part,
provided free of charge pursuant to an obligation
imposed by an order made under section 33BC or 33BD
40of the Gas Act 1986 or section 41A or 41B of the
Electricity Act 1989,
wholly financed pursuant to a combination of such a
plan and such an obligation, or
financed by such other description of financial
45arrangement as the regulations provide.
Energy BillPage 36
(6)
Scottish tenants’ energy efficiency improvements regulations may come into
force no earlier than 1 April 2015.
(1)
5Scottish tenants’ 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
10given);
(c)
exemptions from any requirement imposed by or under the
regulations;
(d)
evidence relating to any requirement imposed by or under the
regulations.
(2)
15Provision 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)
20Provision 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)
25that the improvements for which consent has been requested are not
relevant energy efficiency improvements within the meaning given by
the regulations.
(1)
30Scottish tenants’ 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
35complied 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
40may 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
45(including as to costs which may be awarded);
Energy BillPage 37
(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
5for 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) 10as 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) 15as 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) 20to 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
who made it;
(e) 25to award costs.
(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) subsection (5)(a), (c), (e) or (f),
30Scottish 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)
In this section “subordinate legislation” has the meaning given in section 21(1)
35of the Interpretation Act 1978, except that it includes any instrument made
under an Act of the Scottish Parliament.
(1)
The power of the Scottish Ministers to make regulations under this section is
40exercisable only—
(a) after the publication of the report under section 49(6), and
(b)
if, having regard to the report, the Scottish Ministers consider that the
regulations—
(i)
will improve the energy efficiency of the Scottish non-domestic
45PR properties to which the regulations relate, and
Energy BillPage 38
(ii) will not decrease the number of properties available for rent.
(2)
The 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
5provided 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
regulations,
10may 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
improvements as are provided for by the regulations.
(4)
Regulations under this section are referred to in this Chapter as “Scottish non-
15domestic energy efficiency regulations”.
(5) For the purposes of Scottish non-domestic energy efficiency regulations—
“energy performance certificate” has the meaning given by the Energy
Performance (Scotland) Regulations;
“landlord”, “let the property” and “tenant” have the meaning given by the
20regulations; and
“relevant energy efficiency improvements” means improvements
which—
are of such description as the regulations provide, and
can be—
25wholly paid for pursuant to a green deal plan as
provided for by Chapter 1 of this Part, or
financed by such other description of financial
arrangement as the regulations provide.