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6 | Reports under section 1 of the Sustainable Energy Act 2003: microgeneration |
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In section 1(1A) of the Sustainable Energy Act 2003 (c. 30) (annual reports on |
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progress towards sustainable energy aims)— |
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(a) | omit “and” at the end of paragraph (b), and |
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(b) | at the end of paragraph (c) insert “; and |
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(d) | things done during that period for the purpose of |
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implementing the strategy for the promotion of |
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microgeneration in Great Britain published under |
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section 82 of the Energy Act 2004.” |
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7 | Sale of electricity generated by microgeneration: power to modify |
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distribution and supply licences etc |
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(1) | Where the Secretary of State considers it appropriate to do so for the purpose |
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of increasing the amount of the electricity consumed in Great Britain that is |
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generated by microgeneration, he may make— |
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(a) | relevant modifications of the conditions of a distribution licence or a |
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supply licence held by a particular person; |
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(b) | relevant modifications of the standard conditions of distribution |
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licences or supply licences. |
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(2) | For the purposes of subsection (1), “relevant modifications” means— |
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(a) | in relation to a distribution licence, modifications— |
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(i) | imposing conditions requiring the holder of such a licence to |
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provide information to holders of supply licences about the |
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connection to the distribution system, or use, of |
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microgeneration plant, or |
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(ii) | for the purposes of enabling or facilitating holders of supply |
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licences to satisfy any conditions of such licences of a |
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description mentioned in paragraph (b), and |
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(b) | in relation to a supply licence, modifications imposing conditions |
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requiring the holder of such a licence to offer to acquire electricity |
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generated by microgeneration by the licenceholder’s customers; |
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| and also includes incidental, consequential or transitional modifications. |
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(3) | A modification under subsection (1)(a) of part of a standard condition of a |
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distribution licence or supply licence does not prevent any other part of the |
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condition from continuing to be regarded as a standard condition for the |
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purposes of Part 1 of the Electricity Act 1989 (c. 29). |
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(4) | Where the Secretary of State makes modifications under subsection (1)(b) of |
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the standard conditions of distribution licences or supply licences, the Gas and |
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Electricity Markets Authority must make (as nearly as may be) the same |
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modifications of those standard conditions for the purposes of their |
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incorporation in distribution licences or, as the case may be, supply licences |
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(5) | Conditions included in a distribution licence or supply licence by virtue of a |
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power conferred by this section— |
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(a) | need not relate to the activities authorised by the licence, and |
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(b) | may do any of the things authorised in relation to licences of that kind |
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by section 7(2) to (4) of the Electricity Act 1989 (which applies to the Gas |
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and Electricity Markets Authority’s power with respect to licence |
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conditions under section 7(1)(a) of that Act). |
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|
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|
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|
(6) | In this section and section 8— |
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“distribution licence” has the meaning given by section 6(1)(c) of the |
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Electricity Act 1989 (c. 29) (licences authorising supply, etc); |
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“microgeneration plant” means plant used, or intended for use, for |
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generating electricity by microgeneration, where “plant” includes any |
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equipment, apparatus or appliance; |
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“supply licence” has the meaning given by section 6(1)(d) of the Electricity |
| |
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(7) | In section 33(1) of the Utilities Act 2000 (c. 27) (standard conditions of |
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(a) | omit “or” at the end of paragraph (a), and |
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(b) | after paragraph (b) insert “or |
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(c) | under section 7 of the Climate Change and Sustainable |
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Energy Act 2006 (sale of electricity generated by |
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microgeneration: power to modify distribution and |
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8 | Exercise of powers under section 7 |
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(1) | Before making any modification of a distribution licence or a supply licence |
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under section 7, the Secretary of State must consult— |
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(a) | the holder of any licence being modified, and |
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(b) | such other persons as he considers appropriate. |
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(2) | The Secretary of State must publish every modification made by him under |
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(3) | The publication must be in such manner as the Secretary of State considers |
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(4) | Where the Gas and Electricity Markets Authority makes modifications of |
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standard conditions under section 7(4), it must publish the modifications in |
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such manner as it considers appropriate. |
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(5) | The Secretary of State’s powers under section 7 are exercisable only during the |
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(a) | begins with the first anniversary, and |
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(b) | ends with the third anniversary, |
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| of the commencement of that section. |
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(6) | Sections 3A to 3D of the Electricity Act 1989 (principal objectives and general |
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duties) apply to the carrying out of functions conferred on the Secretary of |
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State, or on the Gas and Electricity Markets Authority, by section 7 or this |
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section as they apply in relation to the carrying out of functions conferred on |
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him, or on it, by or under Part 1 of that Act. |
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9 | Functions of the Gas and Electricity Markets Authority in relation to |
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In section 47 of the Electricity Act 1989 (functions of the Gas and Electricity |
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Markets Authority), after subsection (1) insert— |
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“(1A) | The activities to which subsection (1) applies also include, in particular, |
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activities connected with the generation of electricity by |
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|
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|
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microgeneration or with the transmission and supply of electricity so |
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(1B) | In subsection (1A), “microgeneration” has the same meaning as it has in |
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the Climate Change and Sustainable Energy Act 2006.”. |
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10 | Review of permitted development orders |
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(1) | The Secretary of State shall for the purpose mentioned in subsection (2) carry |
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out a review of the effect in England of development orders made by virtue of |
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section 59(2)(a) of the Town and Country Planning Act 1990 (c. 8) (which |
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confers power by order to grant planning permission for development or a |
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class of development specified in the order). |
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(2) | The purpose of the review is to enable the Secretary of State to form a view as |
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to what provision (or further provision) such development orders should |
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make to facilitate development in England consisting of the installation, within |
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the curtilage of a dwellinghouse, of equipment, apparatus or appliances for |
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(3) | As soon as reasonably practicable after he has carried out the review, the |
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Secretary of State must lay before Parliament a report of the review, including |
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his view as mentioned in subsection (2) and the reasons for it. |
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(4) | The report must also set out what provision (or further provision), if any, the |
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Secretary of State proposes to make in development orders by virtue of section |
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59(2)(a) of the Town and Country Planning Act 1990 in consequence of the |
| |
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(5) | Where the Secretary of State proposes to make provision (or further provision) |
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in development orders in consequence of the review, he must— |
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(a) | exercise his powers under section 59 of the Town and Country |
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Planning Act 1990 so as to provide that development orders made by |
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virtue of that section make such provision in consequence of the review |
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as he considers appropriate, and |
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(b) | exercise those powers as soon as reasonably practicable after laying the |
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report before Parliament under subsection (3). |
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“dwellinghouse” does not include a building containing one or more flats, |
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or a flat contained within such a building; |
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“flat” means a separate and self-contained set of premises constructed or |
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adapted for use for the purpose of a dwelling and forming part of a |
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building from some other part of which it is divided horizontally. |
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11 | Building regulations: microgeneration |
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In Schedule 1 to the Building Act 1984 (c. 55) (building regulations), in |
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paragraph 7(a), after paragraph (xxiid) insert— |
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“(xxiie) | the production of heat or the generation of electricity |
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by microgeneration (as defined for the purposes of |
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this paragraph by building regulations),”. |
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|
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|
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|
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12 | Reports under section 1 of the Sustainable Energy Act 2003: energy efficiency |
| |
of residential accommodation |
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(1) | Section 1 of the Sustainable Energy Act 2003 (c. 30) (annual reports on progress |
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towards sustainable energy aims) is amended as follows. |
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(a) | omit “and” at the end of paragraph (c), and |
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(b) | at the end of paragraph (d) insert “; and |
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(e) | achieving the target set out in section 217(1) of the |
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Housing Act 2004 (target for the energy efficiency of |
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residential accommodation in England).” |
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(3) | After subsection (1A) insert— |
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“(1AA) | The report must also include estimates of the effect of the progress |
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made in the reporting period towards achieving the target set out in |
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section 217(1) of the Housing Act 2004 on— |
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(a) | emissions of carbon dioxide in England, and |
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(b) | the number of households in which one or more persons are |
| |
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Building regulations relating to emissions and use of fuel and power |
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13 | Time limit for prosecutions |
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(1) | After section 35 of the Building Act 1984 (c. 55) insert— |
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“35A | Time limit for prosecution for contravention of certain building |
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(1) | Despite anything in section 127(1) of the Magistrates’ Courts Act 1980 |
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(c. 43), an information relating to a relevant offence may be tried by a |
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magistrates’ court if it is laid at any time— |
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(a) | within the period of two years beginning with the day on which |
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the offence was committed, and |
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(b) | within the period of six months beginning with the relevant |
| |
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(2) | In subsection (1) above, “relevant offence” means a contravention of a |
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provision contained in building regulations which is designated in the |
| |
regulations as one to which this section applies. |
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(3) | A provision may be designated under subsection (2) above if, and only |
| |
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(i) | for the purpose of furthering the conservation of fuel |
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and power or otherwise in connection with the use of |
| |
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(ii) | for the purpose of reducing emissions of greenhouse |
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gases (within the meaning of the Climate Change and |
| |
Sustainable Energy Act 2006), and |
| |
|
| |
|
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|
(b) | contravention of the provision would be an offence under |
| |
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(4) | In subsection (1)(b) above, “the relevant date” means the date on which |
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evidence sufficient to justify the proceedings comes to the knowledge |
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of the person commencing the proceedings. |
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(5) | In the case of proceedings commenced by a local authority— |
| |
(a) | evidence is to be regarded for the purposes of subsection (4) |
| |
above as sufficient to justify the proceedings if in the opinion of |
| |
the proper officer or an authorised officer it is sufficient to |
| |
justify the proceedings, and |
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(b) | a certificate of the proper officer or, as the case may be, that |
| |
authorised officer as to the date on which evidence which, in his |
| |
opinion, was sufficient to justify the proceedings came to the |
| |
knowledge of the person commencing the proceedings is to be |
| |
conclusive evidence of that fact. |
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(6) | Subsection (1) above does not apply in relation to a contravention of |
| |
any provision contained in building regulations which was committed |
| |
before that provision was designated under subsection (2) above.” |
| |
(2) | In section 53 of that Act (effect of initial notice ceasing to be in force), after |
| |
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“(6A) | Subsection (6) above is without prejudice to any ability which, after that |
| |
function has become exercisable, the local authority may have under |
| |
section 35A above to commence proceedings for the offence after the |
| |
end of that period of six months.” |
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14 | Report regarding compliance |
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(1) | The Secretary of State— |
| |
(a) | must, not later than 6 months after this section comes into force, lay |
| |
before Parliament a report as mentioned in subsection (2), and |
| |
(b) | may from time to time lay further such reports before Parliament. |
| |
(2) | A report under this section is a report on what, if any, steps— |
| 30 |
(a) | he has taken during the reporting period, or |
| |
| |
| with a view to securing a greater incidence of compliance with relevant |
| |
provisions of building regulations. |
| |
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“reporting period” means the period specified in the report as the period |
| |
to which the report relates; |
| |
“relevant provision”, in relation to building regulations, means a |
| |
provision of building regulations which is in force at any time during |
| |
the reporting period and which, in the opinion of the Secretary of State, |
| 40 |
| |
(a) | for the purpose of furthering the conservation of fuel and |
| |
power, or otherwise in connection with the use of fuel and |
| |
| |
(b) | for the purpose of reducing emissions of greenhouse gases. |
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