Energy Efficiency Bill - continued        House of Commons

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Compensation for failure to give copy of report.     6. - (1) If the borrower suffers loss by reason of the failure of the lender to comply with his duty under section 1, the borrower is entitled to compensation for that loss from the lender.
      (2) In determining for the purposes of this section whether the borrower has suffered loss as mentioned in subsection (1) and, if so, the amount of that loss, a court-
    (a) shall assume that the borrower would have taken every measure that would have been recommended in a report complying with section 5,
    (b) shall have regard to the cost that would be likely to have been incurred in taking those measures if they had been taken immediately after the grant of the mortgage,
    (c) shall determine the likely expected life of each measure and apportion that cost rateably over that life, and
    (d) shall calculate the savings that would have been made during the relevant period if the measures had been taken.
      (3) In subsection (2) "the relevant period" means the period beginning with the day on which the mortgage was granted and ending immediately before the sixth anniversary of that day or, if earlier-
    (a) in relation to any measure falling within subsection (2)(a) which has in fact been taken by the borrower, with the day on which the taking of the measure is completed,
    (b) in a case where the lender provides the borrower with, or with a copy of, an energy efficiency report complying with section 5 prepared not less than 12 months before the day on which it is provided, that day,
    (c) the day on which the borrower ceases to own any interest in the dwelling,
    (d) the death of the borrower, or
    (e) the day on which any proceedings under this section are first determined by a court or by the award of an arbitrator.
Interpretation.     7. In this Act-
    "the borrower" and "the lender" shall be construed in accordance with section 1;
    "dwelling" means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses or appurtenances belonging to it or usually enjoyed with it, but does not include a mobile home;
    "energy efficiency report" shall be construed in accordance with section 1;
    "mobile home" means a caravan within the meaning of Part I of the Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968).
    "mortgage" means any mortgage or other charge on property for securing money or money's worth which is made by deed.
Corresponding provision for Northern Ireland.     8. An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act-
    (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
    (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Short title, commencement and extent.     9. - (1) This Act may be cited as the Energy Efficiency Act 1998.
      (2) Section 5, section 8 and this section shall come into force on the day on which this Act is passed.
      (3) The remaining provisions of this Act shall come into force on such day or days as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes or different areas.
      (4) The power to make an order under subsection (3) includes power to make such transitional provisions and savings as the Secretary of State considers appropriate.
      (5) This Act, except section 8, extends to England and Wales only.
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