(6) The Scottish Ministers may by order amend the definition of “energy

30performance certificate” in subsection (5).

(7) Scottish non-domestic energy efficiency regulations may come into force no

earlier than 1 April 2015.

57 Further provision about non-domestic energy efficiency regulations: Scotland

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

35provision about—

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

must be started or completed;

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

regulations;

(c) 40evidence relating to any requirement imposed by or under the

regulations.

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

about exemptions—

(a) relating to any necessary permissions or consents;

(b) 45relating to the likely negative impact on the value of a property of

complying with a requirement imposed by or under the regulations.

(3) Provision 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

5effect;

(c) that the improvements required by or under the regulations are not

relevant energy efficiency improvements within the meaning given by

the regulations.

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

10Scotland

(1) Scottish non-domestic energy efficiency 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—

(a) 15for a local authority constituted under section 2(1) of the Local

Government etc. (Scotland) Act 1994 to enforce any requirement

imposed by or under the regulations;

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

or under the regulations;

(c) 20about 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 such a local authority.

(3) Where Scottish non-domestic energy efficiency regulations make provision for

25a 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

made;

(b) 30as 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) 35as 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

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

(a) 40to confirm the penalty;

(b) to withdraw the penalty;

(c) to vary the amount of the penalty;

(d) to award costs.

(6) If the Scottish Ministers consider it appropriate for the purpose of, or in

45consequence of, any provision falling within subsection (4)(a), (c), (e) or (f),

Scottish non-domestic energy efficiency regulations may revoke or amend any

subordinate legislation if the provision making the revocation or amendment