Energy Bill [HL]

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Energy Bill [HL]

5
21
Page 22, line 24, leave out “this section” and insert “subsection (2)”
22
Page 22, line 25, at end insert—

“(5A)
If the Scottish Ministers consider it appropriate for the purpose of, or in

consequence of, any provision falling within subsection (3)(a), (d), (f) or (g),

they may by regulations revoke or amend any subordinate legislation, or

any provision included in an instrument made under an Act of the Scottish

Parliament, 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.”
After Clause 34
23
Insert the following new Clause—

“Preparatory expenditure: framework regulations

The Secretary of State may, before the framework regulations are made,

incur expenditure for the purpose of, or in connection with, preparing for

a scheme of the kind provided for by section 3.”
24
Insert the following new Clause—

“Green deal installation apprenticeships

(1)
Before making the first framework regulations the Secretary of State must

lay before Parliament a report on what, if any, steps the Secretary of State

has taken to encourage green deal installation apprenticeships.

(2)
A “green deal installation apprenticeship” is an apprenticeship which

provides training on how to install energy efficiency improvements at

properties.”
Clause 36
25
Page 23, line 15, after “Chapter” insert “, other than those made by the Scottish

Ministers,”
26
Page 23, line 22, leave out paragraph (b)
27
Page 23, line 23, after “33” insert “(2)”
28
Page 23, line 29, leave out subsection (6) and insert—

“(6)
Regulations under section 10(2), 14(7) or (8) or 15(4) are subject to the

negative procedure.”
29
Page 23, line 30, at end insert—

“(6A)
Regulations under section 33(5A) are subject to the affirmative procedure.”
30
Page 23, line 44, at end insert—

“(8A)
Before amending under section 9 a provision of the Building Regulations

2010 (S.I. 2010/2214), the Secretary of State must, if and so far as the

function under which the provision was made is exercisable by the Welsh

Ministers, obtain their consent.”

6
31
Page 24, line 1, leave out “Subsection (8) does” and insert “Subsections (8) and (8A)

do”
32
Page 24, line 6, after “(8)” insert “or (8A)”
Clause 38
33
Page 24, line 30, after “housing,” insert—

“(aa)
it is low cost home ownership accommodation within the meaning

of section 70 of that Act,”
34
Page 24, line 35, leave out “or any regulations replacing those regulations”
After Clause 38
35
Insert the following new Clause—

“Domestic energy efficiency regulations

(1)
The Secretary of State must make regulations for the purpose of securing

that a landlord of a domestic PR property—

(a)
which is of such description of 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 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 (2).

(2)
The obligation is to make to the property such relevant energy efficiency

improvements as are provided for by the regulations.

(3)
Regulations under this section are referred to in this Chapter as “domestic

energy efficiency regulations”.

(4)
For the purposes of domestic energy efficiency regulations—

“energy performance certificate” has the meaning given by the Energy

Performance Regulations;

“landlord” and “let the property” have the meaning given by the

regulations (and “let the property” may be defined to include

“continue to let the property”); and

“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

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 of the Gas Act 1986 or section 41A or 41B of the

Electricity Act 1989,

7

(iii)
wholly 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.

(5)
The Secretary of State may by order amend the definition of “energy

performance certificate” in subsection (4).

(6)
The first domestic energy efficiency regulations must come into force no

later than 1 April 2018.”
36
Insert the following new Clause—

“Further provision about domestic energy efficiency regulations

(1)
Domestic energy efficiency regulations may, in particular, include

provision 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)
evidence 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)
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

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

relevant energy efficiency improvements within the meaning given

by the regulations.”
Clause 39
37
Page 25, line 1, leave out Clause 39
Clause 40
38
Page 25, line 31, leave out Clause 40
Clause 41
39
Page 26, line 39, leave out Clause 41

8

Clause 42
40
Page 27, line 28, leave out “about—” and insert “—

(za)
for a local authority to enforce any requirement imposed by or

under the regulations;”
41
Page 27, line 29, at beginning insert “about”
42
Page 27, line 31, at beginning insert “about”
43
Page 27, line 33, leave out “both cases” and insert “cases falling within paragraph

(a) or (b)”
Clause 43
44
Page 28, line 21, leave out subsection (1)
45
Page 28, line 30, leave out ‘may’ and insert “must”
46
Page 29, line 11, leave out subsection (6) and insert—

“(6)
The first tenants’ energy efficiency improvements regulations must come

into force no later than 1 April 2016.”
Clause 46
47
Page 31, line 4, leave out subsection (1)
48
Page 31, line 13, leave out “may” and insert “must”
49
Page 31, line 30, leave out “, “let the property” and “tenant”” and insert “and “let

the property””
50
Page 31, line 31, after “regulations” insert “(and “let the property” may be defined

to include “continue to let the property”)”
51
Page 31, line 42, leave out subsection (7) and insert—

“(7)
The first non-domestic energy efficiency regulations must come into force

no later than 1 April 2018.”
Clause 49
52
Page 33, line 26, leave out “40(7)” and insert “[Domestic energy efficiency regulations:

England and Wales](5)”
Clause 51
53
Page 34, line 22, leave out “or any regulations replacing those regulations”
After Clause 51
54
Insert the following new Clause—

9

“Scottish domestic energy efficiency regulations

(1)
The Scottish Ministers may make regulations for the purpose of securing

that a landlord of a Scottish domestic 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 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 (2).

(2)
The obligation is to make to the property such relevant energy efficiency

improvements as are provided for by the regulations.

(3)
Regulations under this section are referred to in this Chapter as “Scottish

domestic energy efficiency regulations”.

(4)
For the purposes of Scottish domestic energy efficiency regulations—

“energy performance certificate” has the meaning given by the Energy

Performance (Scotland) Regulations;

“landlord” and “let the property” have the meaning given by the

regulations (and “let the property” may be defined to include

“continue to let the property”); and

“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

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 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)
financed by such other description of financial

arrangement as the regulations provide.

(5)
The Scottish Ministers may by order amend the definition of “energy

performance certificate” in subsection (4).

(6)
Scottish domestic energy efficiency regulations may come into force no

earlier than 1 April 2015.”
55
Insert the following new Clause—

“Further provision about Scottish domestic energy efficiency regulations

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

provision about—

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

must be started or completed;

10

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

regulations;

(c)
evidence 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)
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

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

relevant energy efficiency improvements within the meaning given

by the regulations.”
Clause 52
56
Page 34, line 29, leave out Clause 52
Clause 53
57
Page 35, line 17, leave out Clause 53
Clause 54
58
Page 36, line 24, leave out Clause 54
Clause 55
59
Page 37, line 11, leave out “about—” and insert “—

(za)
for a local authority to enforce any requirement imposed by or

under the regulations;”
60
Page 37, line 12, at beginning insert “about”
61
Page 37, line 14, at beginning insert “about”
62
Page 37, line 16, leave out “both cases” and insert “cases falling within paragraph

(a) or (b)”
Clause 56
63
Page 38, line 7, leave out subsection (1)
Clause 58
64
Page 39, line 43, leave out “costs” and insert “expenses”