Energy Bill (HL Bill 54)

(6) Scottish tenants’ energy efficiency improvements regulations may come into
force no earlier than 1 April 2015.

57 Further provision about tenants’ energy efficiency improvements
regulations: Scotland

(1) 35Scottish 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
40given);

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

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

(2) 45Provision 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) Provision falling within subsection (1)(d) 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 for which consent has been requested are not
10relevant energy efficiency improvements within the meaning given by
the regulations.

58 Sanctions for the purposes of tenants’ energy efficiency improvements
regulations: Scotland

(1) Scottish tenants’ energy efficiency improvements regulations may include
15provision 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
complied with a requirement imposed by or under the regulations.

(3) 20Where 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
may be made;

(b) 25as 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
(including as to costs which may be awarded);

(e) 30as 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
for a right of appeal by the tenant or landlord against any decision of a court or
35tribunal 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) as to the grounds on which an appeal may be made;

(c) 40as 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) as to the powers of the court or tribunal to which an appeal is made;

(f) 45as to how any sum payable in pursuance of a decision of the court or
tribunal is to be recoverable.