Energy Bill (HL Bill 54)

(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) to confirm the decision;

(b) to quash the decision;

(c) 5to make a different decision;

(d) to remit the decision or any matter relating to the decision to the person
who made it;

(e) to award costs.

(7) If the Scottish Ministers consider it appropriate for the purpose of, or in
10consequence of, any provision falling within—

(a) subsection (3)(a), (c), (d) or (e), or

(b) subsection (5)(a), (c), (e) or (f),

Scottish tenants’ energy efficiency improvements regulations may revoke or
amend any subordinate legislation if the provision making the revocation or
15amendment 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)
of the Interpretation Act 1978, except that it includes any instrument made
under an Act of the Scottish Parliament.

20Scottish non-domestic energy efficiency regulations

59 Power to make non-domestic energy efficiency 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

(b) 25if, having regard to the report, the Scottish Ministers consider that the
regulations—

(i) will improve the energy efficiency of the Scottish non-domestic
PR properties to which the regulations relate, and

(ii) will not decrease the number of properties available for rent.

(2) 30The 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
provided for by the regulations,

(b) in relation to which there is an energy performance certificate, and

(c) 35which falls below such level of energy efficiency (as demonstrated by
the 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) 40The 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-
domestic energy efficiency regulations”.

(5) For the purposes of Scottish non-domestic energy efficiency regulations—

Energy BillPage 41

• “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
  regulations; and

• 5“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
  10provided for by Chapter 1 of this Part, or

  (ii)

  financed by such other description of financial
  arrangement as the regulations provide.

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

(7) 15Scottish non-domestic energy efficiency regulations may come into force no
earlier than 1 April 2015.

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

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

(a) 20the 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) evidence relating to any requirement imposed by or under the
25regulations.

(2) Provision falling within subsection (1)(b) 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
30complying 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
35effect;

(c) that the improvements required by or under the regulations are not
relevant energy efficiency improvements within the meaning given by
the regulations.

61 Sanctions for the purposes of non-domestic energy efficiency regulations:
40Scotland

(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) for 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
5or 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 such a local authority.

(3) 10Where Scottish 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
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.

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

(6) 30If the Scottish Ministers consider it appropriate for the purpose of, or in
consequence 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
would be within the legislative competence of the Scottish Parliament if it were
35included in an Act of that Parliament.

(7) 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.

General

62 40Regulations and orders: Scotland

(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) A statutory instrument containing an order under this Chapter is subject to
annulment in pursuance of a resolution of the Scottish Parliament.

(4) A statutory instrument containing regulations under this Chapter may not be
made unless a draft of the instrument has been laid before, and approved by a
5resolution of, the Scottish Parliament.

63 Crown application: Chapter 3

This Chapter binds the Crown.

CHAPTER 4 Reducing carbon emissions and home-heating costs

64 Promotion of reductions in carbon emissions: gas transporters and suppliers

(1) 10Section 33BC of the Gas Act 1986 (promotion of reductions in carbon emissions:
gas transporters and suppliers) is amended as follows.

(2) In subsection (1) (power by order to impose an obligation to achieve a carbon
emissions reduction target) for “the Authority” substitute “the Administrator”.

(3) After subsection (2) insert—

“(2A) 15In this section “the Administrator” means—

(a) the Authority; or

(b) if the order so provides, the Secretary of State or a specified
body other than the Authority.”

(4) In subsection (3) for “the Authority” substitute “the Administrator”.

(5) 20In subsection (4) for “the Authority” substitute “(subject to any directions given
under subsection (9B)) the Administrator”.

(6) In subsection (5) (general provision that may be included in an order imposing
an obligation to achieve a carbon emissions reduction target)—

(a) for paragraphs (ba) and (c) substitute—

“(ba) 25requiring part of a carbon emissions reduction target to
be met by action of a specified description;

(bb) requiring the whole or any part of a carbon emissions
reduction target to be met by action relating to—

(i) individuals of a specified description,

(ii) 30property of a specified description,

(iii) specified areas or areas of a specified
description, or

(iv) individuals or property of a specified
description in specified areas or areas of a
35specified description;

(bc) enabling the Administrator to direct a transporter or
supplier to meet part of a carbon emissions reduction
target by action relating to an individual named in the
direction;

(bd) 40preventing action from qualifying for the purpose of
meeting the whole or any part of a carbon emissions

reduction target unless such persons as are specified in,
or determined in accordance with, the order—

(i) have been consulted about the action;

(ii) have consented to the action;

(be) 5requiring action which qualifies for the purpose of
meeting both a carbon emissions reduction target and a
home-heating cost reduction target to be treated as
qualifying only for the purpose of meeting such one of
those targets as the transporter or supplier concerned
10elects;

(c) determining, or specifying the method for determining,
the contribution that any action makes towards meeting
a carbon emissions reduction target;”;

(b) in paragraph (d) for “the Authority” substitute “the Administrator”;

(c) 15in paragraph (e)—

for “the Authority” substitute “the Administrator”;

(ii) for sub-paragraph (ii) substitute—

“(ii) if so, what contribution the proposed action (or
any result of that action specified in the
20determination) is to make towards achieving the
carbon emissions reduction target;”;

in paragraph (f) for “the Authority” substitute “the Administrator”;

(e) after paragraph (f) insert “; and

(g) requiring the Administrator or a specified body to offer
25services of a specified kind and authorising a specified
fee to be charged to those who take up the offer.”

in paragraph (f) for “the Authority” substitute “the Administrator”;

(e) after paragraph (f) insert “; and

(g) requiring the Administrator or a specified body to offer
30services of a specified kind and authorising a specified
fee to be charged to those who take up the offer.”

(7) After subsection (5) insert—

“(5A) If the order makes provision by virtue of subsection (5)(bc) enabling the
Administrator to direct a transporter or supplier to meet part of a
35carbon emissions reduction target by action relating to an individual
named in the direction the order may also make provision—

(a) authorising the Administrator to require specified persons to
provide it with information for the purpose of enabling it to
identify and select individuals who are to be the subject of a
40direction;

(b) specifying criteria in accordance with which the Administrator
is to select individuals who are to be the subject of a direction;

(c) determining, or specifying the method for determining, which
transporter or supplier is to be given a direction in relation to
45any particular individual selected in accordance with provision
made under paragraph (b);

(d) authorising the Administrator, if it gives a direction to a
transporter or supplier, to provide the transporter or supplier
with information relating to the individual concerned for the
50purpose of assisting the transporter or supplier to comply with
the direction;

(e) as to the times at which a direction may be given;

(f) as to the circumstances in which a direction need not be
complied with.

(5B) Provision made by virtue of subsection (5)(c) may in particular provide
for an action to be treated as making a greater contribution than it
would otherwise do if the action relates to—

(a) an individual of a specified description,

(b) 5a property of a specified description, or

(c) both an individual of a specified description and a property of
a specified description.”

(8) In subsection (6) for “the Authority” substitute “the Administrator”.

(9) After subsection (7) insert—

“(7A) 10The order may—

(a) make provision for any specified requirement contained in it to
be treated as a relevant requirement for the purposes of this
Part; or

(b) if it provides for the Administrator to be a person other than the
15Authority, make provision for and in connection with enabling
the Administrator to enforce any requirement imposed by the
order.

(7B) Provision made by virtue of paragraph (b) of subsection (7A) may, in
particular, include provision corresponding to or applying (with or
20without modifications) any of sections 28 to 30F and section 38.”

(10) In subsection (8) omit paragraph (b).

(11) After subsection (9) insert—

“(9A) The order may make provision requiring the Administrator to give
guidance to transporters or suppliers concerning such matters relating
25to the order as are specified.

(9B) The Administrator shall carry out its functions under this section in
accordance with any general or specific directions given to it by the
Secretary of State.”

(12) For subsection (10A) substitute—

“(10A) 30The Secretary of State must obtain the consent of the Scottish Ministers
before making an order under this section which contains provision
that—

(a) is included by virtue of subsection (2)(b),

(b) extends to Scotland, and

(c) 35would be within the legislative competence of the Scottish
Parliament if contained in an Act of that Parliament.”

(13) After subsection (12) insert—

“(12A) Subsection (12) does not apply to an order under this section made only
for the purpose of amending an earlier order under this section so as to
40alter the provision included in the earlier order by virtue of any of
paragraphs (b), (ba) or (c) of subsection (5).
But such an order shall be subject to annulment in pursuance of a
resolution of either House of Parliament.

(12B) If an order under this section provides for the Administrator to be a
45body other than the Authority, the Secretary of State may make

payments to the body of such amounts as the Secretary of State
considers appropriate.”

(14) In subsection (13) before the definition of “microgeneration” insert—

• ““home-heating cost reduction target” has the meaning given by
  5section 33BD(2)(a);”.

(15) The reference in subsection (12A) of section 33BC of the Gas Act 1986 to
paragraph (c) of subsection (5) of that section includes a reference to paragraph
(c) of subsection (5) of that section before its substitution by subsection (6) of
this section.

65 10Promotion of reductions in carbon emissions: electricity generators,
distributors and suppliers

(1) Section 41A of the Electricity Act 1989 (promotion of reductions in carbon
emissions: electricity generators, distributors and suppliers) is amended as
follows.

(2) 15In subsection (1) (power by order to impose an obligation to achieve a carbon
emissions reduction target) for “the Authority” substitute “the Administrator”.

(3) After subsection (2) insert—

“(2A) In this section “the Administrator” means—

(a) the Authority; or

(b) 20if the order so provides, the Secretary of State or a specified
body other than the Authority.”

(4) In subsection (3) for “the Authority” substitute “the Administrator”.

(5) In subsection (4) for “the Authority” substitute “(subject to any directions given
under subsection (9B)) the Administrator”.

(6) 25In subsection (5) (general provision that may be included in an order imposing
an obligation to achieve a carbon emissions reduction target)—

(a) for paragraphs (ba) and (c) substitute—

“(ba) requiring part of a carbon emissions reduction target to
be met by action of a specified description;

(bb) 30requiring the whole or any part of a carbon emissions
reduction target to be met by action relating to—

(i) individuals of a specified description,

(ii) property of a specified description,

(iii) specified areas or areas of a specified
35description, or

(iv) individuals or property of a specified
description in specified areas or areas of a
specified description;

(bc) enabling the Administrator to direct a distributor or
40supplier to meet part of a carbon emissions reduction
target by action relating to an individual named in the
direction;

(bd) preventing action from qualifying for the purpose of
meeting the whole or any part of a carbon emissions
45reduction target unless such persons as are specified in,
or determined in accordance with, the order—

(i) have been consulted about the action;

(ii) have consented to the action;

(be) requiring action which qualifies for the purpose of
meeting both a carbon emissions reduction target and a
5home-heating cost reduction target to be treated as
qualifying only for the purpose of meeting such one of
those targets as the distributor or supplier concerned
elects;

(c) determining, or specifying the method for determining,
10the contribution that any action makes towards meeting
a carbon emissions reduction target;”;

(b) in paragraph (d) for “the Authority” substitute “the Administrator”;

(c) in paragraph (e)—

for “the Authority” substitute “the Administrator”;

(ii) 15for sub-paragraph (ii) substitute—

“(ii) if so, what contribution the proposed action (or
any result of that action specified in the
determination) is to make towards achieving the
carbon emissions reduction target;”;

(d) 20in paragraph (f) for “the Authority” substitute “the Administrator”;

(e) after paragraph (f) insert “; and

(g) requiring the Administrator or a specified body to offer
services of a specified kind and authorising a specified
fee to be charged to those who take up the offer.”

(7) 25After subsection (5) insert—

“(5A) If the order makes provision by virtue of subsection (5)(bc) enabling the
Administrator to direct a distributor or supplier to meet part of a
carbon emissions reduction target by action relating to an individual
named in the direction the order may also make provision—

(a) 30authorising the Administrator to require specified persons to
provide it with information for the purpose of enabling it to
identify and select individuals who are to be the subject of a
direction;

(b) specifying criteria in accordance with which the Administrator
35is to select individuals who are to be the subject of a direction;

(c) determining, or specifying the method for determining, which
distributor or supplier is to be given a direction in relation to
any particular individual selected in accordance with provision
made under paragraph (b);

(d) 40authorising the Administrator, if it gives a direction to a
distributor or supplier, to provide the distributor or supplier
with information relating to the individual concerned for the
purpose of assisting the distributor or supplier to comply with
the direction;

(e) 45as to the times at which a direction may be given;

(f) as to the circumstances in which a direction need not be
complied with.

(5B) Provision made by virtue of subsection (5)(c) may in particular provide
for an action to be treated as making a greater contribution than it
50would otherwise do if the action relates to—

(a) an individual of a specified description,

(b) a property of a specified description, or

(c) both an individual of a specified description and a property of
a specified description.”

(8) 5In subsection (6) for “the Authority” substitute “the Administrator”.

(9) After subsection (7) insert—

“(7A) The order may—

(a) make provision for any specified requirement contained in it to
be treated as a relevant requirement for the purposes of this
10Part; or

(b) if it provides for the Administrator to be a person other than the
Authority, make provision for and in connection with enabling
the Administrator to enforce any requirement imposed by the
order.

(7B) 15Provision made by virtue of paragraph (b) of subsection (7A) may, in
particular, include provision corresponding to or applying (with or
without modifications) any of sections 25 to 28.”

(10) In subsection (8) omit paragraph (b).

(11) After subsection (9) insert—

“(9A) 20The order may make provision requiring the Administrator to give
guidance to distributors or suppliers concerning such matters relating
to the order as are specified.

(9B) The Administrator shall carry out its functions under this section in
accordance with any general or specific directions given to it by the
25Secretary of State.”

(12) For subsection (10A) substitute—

“(10A) The Secretary of State must obtain the consent of the Scottish Ministers
before making an order under this section which contains provision
that—

(a) 30is included by virtue of subsection (2)(b),

(b) extends to Scotland, and

(c) would be within the legislative competence of the Scottish
Parliament if contained in an Act of that Parliament.”

(13) After subsection (12) insert—

“(12A) 35Subsection (12) does not apply to an order under this section made only
for the purpose of amending an earlier order under this section so as to
alter the provision included in the earlier order by virtue of any of
paragraphs (b), (ba) or (c) of subsection (5).
But such an order shall be subject to annulment in pursuance of a
40resolution of either House of Parliament.

(12B) If an order under this section provides for the Administrator to be a
body other than the Authority, the Secretary of State may make
payments to the body of such amounts as the Secretary of State
considers appropriate.”

(14) In subsection (13) before the definition of “microgeneration” insert—

• ““home-heating cost reduction target” has the meaning given by
  section 41B(2)(a);”.

(15) The reference in subsection (12A) of section 41A of the Electricity Act 1989 to
5paragraph (c) of subsection (5) of that section includes a reference to paragraph
(c) of subsection (5) of that section before its substitution by subsection (6) of
this section.

(16) The power to make orders under section 41A of the Electricity Act 1989 may
not be exercised so as to impose an obligation on an electricity generator that
10has effect after 31 December 2012.

66 Promotion of reductions in home-heating costs: gas transporters and
suppliers

After section 33BC of the Gas Act 1986 (promotion of reductions in carbon
emissions: gas transporters and suppliers) insert—

“33BD 15 Promotion of reductions in home-heating costs: gas transporters and
gas suppliers

(1) The Secretary of State may by order impose—

(a) on each gas transporter (or each gas transporter of a specified
description); and

(b) 20on each gas supplier (or each gas supplier of a specified
description),

an obligation to achieve, within a specified period and in accordance
with the order, the home-heating cost reduction target to be
determined by the Administrator under the order for that transporter
25or supplier (and that obligation is referred to in this section as a “home-
heating cost reduction obligation”).

(2) In this section—

(a) “the Administrator” means—

(i) the Authority; or

(ii) 30if the order so provides, the Secretary of State or a
specified body other than the Authority;

(b) “home-heating cost reduction target” means a target for the
promotion of measures for reducing the cost to individuals of
heating their homes;

(c) 35“specified” means specified in the order.

(3) The power to make orders under this section may be exercised so as to
impose more than one home-heating cost reduction obligation on a
person in relation to the same period or to periods that overlap to any
extent.

(4) 40Subsections (3), (5) to (8), (9A) and (10A) to (12B) of section 33BC apply
to an order under this section as they apply to an order under that
section, with the following modifications—

(a) for “carbon emissions reduction obligation” (in each place)
substitute “home-heating cost reduction obligation”;

(b) 45for “carbon emissions reduction obligations” (in each place)
substitute “home-heating cost reduction obligations”;