Housing and Regeneration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Housing and Regeneration Bill

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates
105

“sustainability certificate” means a document which—
(a)
contains a final assessment of the sustainability of a residential
property, and
(b)
complies with the requirements of regulations under this
Chapter.
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266
Meaning of sustainability
(1)
For the purposes of this Chapter the sustainability of a residential property
relates to the extent to which—
(a)
the materials used in the property,
(b)
other aspects of the design and construction of the property, and
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(c)
any services, fittings and equipment provided in, or in connection with,
the property,

meet any sustainability standards.
(2)
Sustainability standards are standards prescribed by the appropriate national
authority for any of the following purposes—
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(a)
ensuring the health, safety, welfare and convenience of persons in or
about the property and of others who may be affected by the property
or matters connected with it,
(b)
furthering the efficient management of the property and of its
construction,
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(c)
furthering energy efficiency,
(d)
furthering the efficient use of water and minimising flood risk,
(e)
furthering efficient waste management,
(f)
furthering the protection or enhancement of the environment, and
(g)
furthering the prevention or detection of crime.
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(3)
The appropriate national authority may by regulations amend subsection (2)
so as to add, remove or alter purposes for the time being contained there.
(4)
The references in this section to the construction of the property include
references to any related demolition and any off-site activities relating to the
construction or demolition.
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267
Authorised assessors
(1)
The assessment of the sustainability of a residential property is to be carried
out for the purposes of this Chapter by an authorised assessor.
(2)
The appropriate national authority may by regulations make provision about
authorised assessors.
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(3)
The regulations must specify the persons or descriptions of persons who are to
be authorised assessors.
(4)
Subsections (5) to (9) apply if regulations under subsection (2) provide for
authorised assessors to be persons accredited under an approved accreditation
scheme.
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(5)
The regulations may make provision about accreditation schemes.
(6)
The regulations may, in particular, provide for—

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates
106

(a)
the approval by the appropriate national authority of one or more
accreditation schemes (whether established by the appropriate national
authority or another person),
(b)
the withdrawal by the appropriate national authority of any such
approval,
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(c)
the charging of fees under accreditation schemes.
(7)
Any regulations of the kind mentioned in subsection (6)(a) must require the
appropriate national authority to be satisfied, before approving an
accreditation scheme, that the scheme contains appropriate provision—
(a)
for ensuring that members of the scheme are fit and proper persons
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who are qualified (by their education, training and experience) to carry
out assessments,
(b)
for ensuring that a code of conduct for members of the scheme is
maintained and published,
(c)
for ensuring that members of the scheme have in force suitable
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indemnity insurance,
(d)
for facilitating the resolution of complaints against members of the
scheme,
(e)
for requiring certificates or other documents given by members of the
scheme to be entered on a register under section 268,
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(f)
for the keeping of a public register of the members of the scheme, and
(g)
for such other purposes as may be specified in the regulations.
(8)
Subsection (7) does not limit the matters which the regulations may require the
appropriate national authority to be satisfied about before approving an
accreditation scheme.
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(9)
Regulations under subsection (5) may, in particular, require or authorise an
approved accreditation scheme to contain provision about any matter relating
to sustainability certificates or other documents with which the scheme is
concerned (including the terms on which members of the scheme may
undertake to produce such documents).
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268
Register of certificates
(1)
The appropriate national authority may by regulations make provision about
a register of sustainability certificates.
(2)
The regulations may, in particular, make provision of the kind mentioned in
subsections (3) to (7).
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(3)
The regulations may provide for a register to be kept—
(a)
by (or on behalf of) the appropriate national authority, or
(b)
by such other person as the regulations may specify or describe.
(4)
The regulations may require a person wishing to enter a document onto a
register to pay such fee as may be prescribed.
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(5)
No person may disclose—
(a)
a register or any document (or part of a document) contained in it, or
(b)
any information contained in, or derived from, a register,

except in accordance with any provision of the regulations which authorises or
requires such a disclosure to be made.
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Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates
107

(6)
The regulations may make provision as to circumstances in which, or purposes
for which, a person or a person of a prescribed description—
(a)
may (on payment of such fee, if any, as may be prescribed)—
(i)
inspect a register or any document (or part of a document)
contained in it,
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(ii)
take or be given copies of a register or any document (or part of
a document) contained in it, or
(iii)
be given information contained in, or derived from, a register,
or
(b)
may disclose anything obtained by virtue of provision made under
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paragraph (a).
(7)
The purposes which may be so prescribed may be public purposes or purposes
of private undertakings or other persons.
(8)
A person who contravenes subsection (5) is guilty of an offence and liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
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(9)
The appropriate national authority may by regulations provide for interim
certificates or other documents to be included on a register.
(10)
In such a case, subsections (1) to (8) apply in relation to the interim certificates
or other documents concerned as they apply in relation to sustainability
certificates.
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Enforcement
269
Enforcement authorities
(1)
Every local weights and measures authority is an enforcement authority for the
purposes of this Chapter.
(2)
It is the duty of each enforcement authority to enforce in its area the duties
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imposed by virtue of section 265.
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Power to require production of certificates or statements
(1)
Subsection (2) applies if an authorised officer of an enforcement authority
believes that a person is, or has been, subject to a duty imposed by virtue of
section 265 to supply a certificate or statement in relation to a particular
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property.
(2)
The officer may require the person to produce for inspection a copy of the
certificate or statement.
(3)
The power conferred by subsection (2) includes power—
(a)
to require the production of a legible hard copy of any certificate or
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statement which is held in electronic form, and
(b)
to take copies of any hard copy produced for inspection.
(4)
A requirement under this section may not be imposed more than 6 months
after the last day for supplying the certificate or statement concerned in
pursuance of the duty imposed by virtue of section 265.
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(5)
A person is not required to comply with a requirement under this section if the
person has a reasonable excuse for not complying with the requirement.

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates
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(6)
Subject to this, a person subject to such a requirement must comply with it
within the period of 7 days beginning with the day after that on which it is
imposed.
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Penalty charge notices
(1)
An authorised officer of an enforcement authority may give a penalty charge
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notice to a person if the officer believes that the person has committed a breach
of—
(a)
any duty imposed by virtue of section 265, or
(b)
any duty under section 270.
(2)
A penalty charge notice may not be given after the end of the period of 6
10
months beginning with the day (or, in the case of a continuing breach, the last
day) on which the breach of duty was committed.
(3)
Schedule 8 (which makes further provision about penalty charge notices) has
effect.
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Offences relating to enforcement officers
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(1)
A person who, without reasonable excuse, obstructs an officer of an
enforcement authority who is acting in pursuance of duties imposed by virtue
of this Chapter is guilty of an offence.
(2)
A person who, not being an authorised officer of an enforcement authority,
purports to act as such in pursuance of section 270 or 271 is guilty of an offence.
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(3)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
Supplementary
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Grants
(1)
The appropriate national authority may make grants towards expenditure
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incurred by any person in connection with the development of proposals for,
or the operation of—
(a)
a register under section 268, or
(b)
accreditation schemes or any other provision which may be made by
regulations under this Chapter.
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(2)
A grant under this section may be made on conditions, which may include
(among other things)—
(a)
conditions as to the purposes for which the grant or any part of it may
be used, and
(b)
conditions requiring the repayment (with or without interest) of the
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grant or any part of it in such circumstances as may be specified in the
conditions.
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Suspension of duties
(1)
The appropriate national authority may by regulations suspend (or later
revive) the operation of any duty imposed by virtue of section 265.
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Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates
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(2)
Such regulations may provide for the suspension of a duty to take effect only
for a period specified in the regulations.
(3)
A duty which is (or is to any extent) revived after being suspended may be
suspended again.
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Disclosure of certificates etc.
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(1)
The appropriate national authority may by regulations make provision about
the disclosure of—
(a)
sustainability certificates, interim certificates or statements of the kind
mentioned in section 265(1)(b),
(b)
copies of any such documents,
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(c)
any information contained in, or derived from, any such documents or
copies, or
(d)
any information collected by an authorised assessor for the purposes of
preparing a sustainability certificate or an interim certificate.
(2)
A person who, without reasonable excuse, discloses anything whose
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disclosure is prohibited by regulations under subsection (1) is guilty of an
offence and liable on summary conviction to a fine not exceeding level 5 on the
standard scale.
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General powers to make regulations
(1)
The appropriate national authority may by regulations make such provision as
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the authority considers appropriate—
(a)
for the general purposes, or any particular purpose, of this Chapter,
(b)
in consequence of any provision made by virtue of this Chapter or for
giving full effect to it.
(2)
Such regulations may, in particular, provide for—
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(a)
the form and content of sustainability certificates and interim
certificates,
(b)
the form and content of written statements of the kind mentioned in
section 265(1)(b),
(c)
ways in which sustainability standards may be met,
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(d)
the issue of guidance for the purposes of this Chapter,
(e)
the relationship between any provision made by virtue of this Chapter
and any provision made by virtue of Part 5 of the Housing Act 2004
(c. 34) (home information packs) or in relation to energy performance
certificates.
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(3)
Regulations made by virtue of subsection (2)(a) or (b) may, in particular,
provide for the form or content of the documents concerned to be such as may
be approved by the appropriate national authority.
(4)
In subsection (2)(e) “energy performance certificate” has the same meaning as
in the Energy Performance of Buildings (Certificates and Inspections) (England
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and Wales) Regulations 2007 (S.I. 2007/991) (see regulation 2(1)) or any
corresponding subsequent regulations.