Session 2010 - 12
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Other Bills before Parliament


 
 

8

35E

Line 40, leave out “2018” and insert “2016”

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

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”

 
 

 
 

9

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—

 

“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,

 
 

 
 

10

 
 

    

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;

 

(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;

 
 

 
 

11

 
 

(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”

65

Page 40, line 21, leave out “costs” and insert “expenses”

Clause 59

66

Page 40, line 35, leave out subsection (1)

67

Page 41, line 16, leave out “, “let the property” and “tenant”” and insert “and “let

 

the property””

 
 

 
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Revised 4 October 2011