Energy Bill (HL Bill 54)

Energy BillPage 30

(d) as to the powers of the court or tribunal to which an application is made
(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) 5Where the regulations make provision for a tenant to make an application such
as is mentioned in subsection (2), the regulations must also include provision
for 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) 10as 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) 15suspending 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
tribunal is to be recoverable.

(6) 20The 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) to make a different decision;

(d) 25to 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
consequence of, any provision falling within—

(a) 30subsection (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
England and Wales.

(8) 35In this section “subordinate legislation” has the meaning given in section 21(1)
of the Interpretation Act 1978 and includes an instrument made under a
Measure or Act of the National Assembly for Wales.

Non-domestic energy efficiency regulations

46 Power to make non-domestic energy efficiency regulations: England and
40Wales

(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 39(7), and

(b) if, having regard to the report, the Secretary of State considers that the
45regulations—

Energy BillPage 31

(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
5landlord 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
10the 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
15improvements 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
    20Performance Regulations;

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

  • “relevant energy efficiency improvements” means improvements
    which—

    (a)

    25are 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
    30arrangement 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.

47 35Further 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
40must 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) 45Provision falling within subsection (1)(b) includes, in particular, provision
about exemptions—

Energy BillPage 32

(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) Provision falling within subsection (1)(c) includes, in particular, provision
5about 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) that the improvements required by or under the regulations are not
10relevant energy efficiency improvements within the meaning given by
the regulations.

48 Sanctions for the purposes of non-domestic energy efficiency regulations:
England and Wales

(1) Non-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—

(a) for a local weights and measures authority to enforce any requirement
imposed by or under the regulations;

(b) 20about the sanctions for non-compliance with a requirement imposed by
or 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
25penalty by a local weights and measures authority.

(3) Where 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) 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.

(5) 40The provision referred to in subsection (4)(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.

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(6) If 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
5England and Wales.

(7) In this section “subordinate legislation” has the meaning given in section 21(1)
of the Interpretation Act 1978 and includes an instrument made under a
Measure or Act of the National Assembly for Wales.

General

49 10Regulations 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) Regulations and orders under this Chapter are to be made by statutory
instrument.

(3) 15A statutory instrument containing an order under section 40(7) or 46(6) is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(4) A statutory instrument containing—

(a) an order under section 38(1)(a)(iii), or

(b) 20regulations under this Chapter,

may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.

(5) The Secretary of State must obtain the consent of the Welsh Ministers before
making provision under this Chapter amending or revoking—

(a) 25provision included in an instrument made under a Measure or Act of
the National Assembly for Wales;

(b) any other subordinate legislation made by the Welsh Ministers (or the
National Assembly for Wales established under the Government of
Wales Act 1998).

(6) 30Subsection (5) does not apply to the extent that the Secretary of State is making
incidental or consequential provision.

(7) The Secretary of State must consult the Welsh Ministers before making—

(a) domestic energy efficiency regulations, or

(b) tenants’ energy efficiency improvements regulations,

35which apply in relation to domestic PR properties situated in Wales.

(8) Subsection (7) does not apply to the extent that consent has been obtained
under subsection (5).

50 Crown application: Chapter 2

This Chapter binds the Crown.

Energy BillPage 34

CHAPTER 3 Private rented sector: Scotland

Introductory

51 Meaning of “domestic PR property” and “non-domestic PR property”:
Scotland

(1) 5For the purposes of this Chapter—

(a) a property is a “Scottish domestic private rented property” if it is let
under 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) 10is situated in Scotland,

(ii) is let under a tenancy, and

(iii) is 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
15regulations replacing those regulations (“the Energy Performance (Scotland)
Regulations”).

(3) A 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
20as a “Scottish non-domestic PR property”.

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

(1) A 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) 25The 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
given by the Scottish Ministers, and

(b) 30the 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
framework regulations) first come into force in relation to Scotland.

(5) 35The 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) a consideration of the extent to which financial assistance is available to
40landlords of Scottish PR properties for the purpose of taking measures
to improve the energy efficiency of their properties;

Energy BillPage 35

(c) a consideration of the need for action to be taken for the purpose of
improving the energy efficiency of Scottish 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) 5A report of the review must be published before 1 April 2014.

Scottish domestic energy efficiency regulations

53 Power to make domestic energy efficiency regulations: Scotland

(1) The power of the Scottish Ministers to make regulations under this section is
exercisable only—

(a) 10after the publication of the report under section 52(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) 15will 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
domestic PR property—

(a) which is of such description of Scottish domestic PR property as is
20provided 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.

(3) 25The 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) 30provide 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 “Scottish
domestic energy efficiency regulations”.

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

  • 35“energy performance certificate” has the meaning given by the Energy
    Performance (Scotland) Regulations;

  • “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

  • 40“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
    45provided for by Chapter 1 of this Part,

    Energy BillPage 36

    (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)

    5wholly 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 Scottish Ministers may by order amend the definition of “energy
10performance certificate” in subsection (6).

(8) Scottish domestic energy efficiency regulations may come into force no earlier
than 1 April 2015.

54 Further provision about domestic energy efficiency regulations: Scotland

(1) Scottish domestic energy efficiency regulations may, in particular, include
15provision 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
(including the period within which any response must be given);

(c) 20the 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) exemptions from any requirement imposed by or under the
25regulations;

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

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

(a) 30relating 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
about evidence for the purpose of demonstrating—

(a) 35compliance 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
40efficiency improvements within the meaning given by the regulations.

55 Sanctions for the purposes of domestic energy efficiency regulations:
Scotland

(1) Scottish domestic energy efficiency regulations may include provision for the
purpose of securing compliance with requirements imposed on landlords by
45or under the regulations.

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(2) Provision 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) 5the 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
efficiency regulations must not exceed £5,000.

(4) 10Where 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) as to the jurisdiction of the court or tribunal to which an appeal may be
15made;

(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
20appeal;

(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) The provision referred to in subsection (5)(e) includes provision conferring on
25the 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.

(7) 30If 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
would be within the legislative competence of the Scottish Parliament if it were
35included 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.

Scottish tenants’ energy efficiency improvements regulations

56 40Power 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) after the publication of the report under section 52(6), and

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(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) 5will 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) 10The 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
15regulations—

  • “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)

    20can 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
    25of 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
    30arrangement as the regulations provide.