45 Sanctions for the purposes of non-domestic energy efficiency regulations:

England and Wales

(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.

General

46 Regulations and orders: England and Wales

(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.

47 Crown application: Chapter 2

This Chapter binds the Crown.

CHAPTER 3 Private rented sector: Scotland

15Introductory

48 Meaning of “domestic PR property” and “non-domestic PR property”:

Scotland

(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”.

49 Review of energy efficiency in the private rented sector: Scotland

(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”).

(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.

Scottish domestic energy efficiency regulations

50 Power to make domestic energy efficiency regulations: Scotland

(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—

(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—

  (a)

  15are 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,

  (ii)

  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,

  (iii)

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

  (iv)

  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.

51 Further provision about domestic energy efficiency regulations: Scotland

(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—

(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.

52 Sanctions for the purposes of domestic energy efficiency regulations:

Scotland

(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.

(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.

10Scottish tenants’ energy efficiency improvements regulations

53 Power to make tenants’ energy efficiency improvements regulations:

Scotland

(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—

  (a)

  are of such description as the regulations provide, and

  (b)

  35can 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
  
  40of 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
  
  45arrangement as the regulations provide.

(6) Scottish tenants’ energy efficiency improvements regulations may come into

force no earlier than 1 April 2015.

54 Further provision about tenants’ energy efficiency improvements

regulations: Scotland

(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.

55 Sanctions for the purposes of tenants’ energy efficiency improvements

regulations: Scotland

(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);

(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.

Scottish non-domestic energy efficiency regulations

56 Power to make non-domestic energy efficiency regulations: Scotland

(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

(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—

  (a)

  are of such description as the regulations provide, and

  (b)

  can be—

  (i)

  25wholly 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
  
  arrangement as the regulations provide.