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Make further provision about fuel poverty; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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The purpose of this Act is to promote the eradication of fuel poverty by |
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increasing the energy efficiency of domestic premises to a specified standard. |
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2 | Duty of the Secretary of State to eradicate fuel poverty |
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(1) | Subject to section 5, it shall be the duty of the Secretary of State to ensure that |
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not less than the number of existing properties specified in section 3(2)(a) as |
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being occupied by households in fuel poverty are made “fuel poverty proof” |
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(2) | For the purpose of subsection (1) an “existing property” is a property in |
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England that has been constructed prior to the commencement of this Act. |
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(3) | In this Act, and subject to section 11 (changes to energy performance certificate |
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scheme) a property shall be deemed to have been made fuel poverty proof |
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(a) | it is a property in respect of which an energy performance certificate |
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graded no less than Band B has been issued; or |
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(b) | in the case of a hard to treat property, as defined in section 6 (hard to |
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treat properties), it is a property in respect of which an energy |
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performance certificate graded no less than Band C has been issued. |
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3 | The Fuel Poverty Strategy |
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(1) | The Secretary of State must, not later than six months after the commencement |
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of this Act, publish a document containing plans, policies and proposed |
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measures (referred to in this Act as the “Fuel Poverty Strategy”) that will be |
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used to meet the duty in section 2(1) (“the principal duty”). |
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(2) | The Fuel Poverty Strategy must— |
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(a) | include an assessment of the number of properties in England |
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inhabited by households in fuel poverty on 31 December 2008; |
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(b) | explain how each of the plans, policies and proposed measures in the |
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Fuel Poverty Strategy will contribute to meeting the the principal duty; |
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(c) | include the estimated cost of each of the plans, policies and proposed |
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measures, together with details in each case of the funding sources for |
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(d) | state which person or persons are responsible for delivery of each of the |
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plans, policies and proposed measures contained in the Fuel Poverty |
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(3) | The Fuel Poverty Strategy must include— |
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(a) | policies to promote energy efficiency measures and the use of |
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microgeneration installations and locally supplied sustainable energy |
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(b) | proposals for financial and fiscal measures to promote energy |
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efficiency, microgeneration and locally supplied sustainable energy; |
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(c) | such new functions for the Gas and Electricity Markets Authority as in |
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the opinion of the Secretary of State will assist in meeting the principal |
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(d) | such other plans, policies and measures as the Secretary of State |
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(4) | The Fuel Poverty Strategy must specify the number of existing properties that |
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are intended to be made fuel poverty proof in each calendar year until 31 |
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(5) | The Secretary of State shall take such steps as are necessary to implement the |
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4 | Fuel poverty annual report |
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(1) | In accordance with the provisions of this section the Secretary of State must |
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publish an annual report on progress towards fulfilling his duties under this |
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Act (a “Fuel Poverty Annual Report”). |
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(2) | The first Fuel Poverty Annual Report must be published within 12 months of |
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the publication of the Fuel Poverty Strategy and thereafter a further Fuel |
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Poverty Annual Report must be published once each calendar year until 2017 |
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and in each such case not later than 12 months after the publication of the |
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previous Fuel Poverty Annual Report. |
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(3) | A Fuel Poverty Annual Report must— |
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(a) | include details of measures taken in the reporting year in pursuance of |
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the Fuel Poverty Strategy; |
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(b) | include an assessment of whether the Secretary of State considers that |
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adequate progress is being made towards securing compliance with the |
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principal duty and the duty under section 3(5) (the duty to implement |
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the Fuel Poverty Strategy); |
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(c) | state the number of existing properties made fuel poverty proof in the |
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(d) | contain an assessment of the number of existing properties in England |
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inhabited by households in fuel poverty on 31 December in the |
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(e) | contain an estimate of the number of existing properties in England that |
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are likely to be inhabited by households in fuel poverty on 31 December |
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in each subsequent year to 2020. |
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(4) | A Fuel Poverty Annual Report may contain such other information about |
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measures, plans, policies and proposals under this Act as the Secretary of State |
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(5) | In this section “the reporting year” shall be the calendar year ending on the 31 |
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December in the year prior to the date of publication of the relevant Fuel |
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5 | Changes in the number of properties to be made fuel poverty proof under the |
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(1) | Subject to the further provisions of this section, where an assessment made |
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pursuant to section 4(3)(d) concludes that a greater number of households is in |
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fuel poverty than was specified in the Fuel Poverty Strategy the principal duty |
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shall henceforth be deemed to apply to that latest assessment. |
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(2) | This subsection applies where the number specified in section 4(3)(d) in the |
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Fuel Poverty Annual Report published in 2016 exceeds the number to which |
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the principal duty previously applied by an amount such that in the opinion of |
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the Secretary of State it is not reasonably practicable to comply with the |
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principal duty by 31 December 2016 in respect of those additional properties. |
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(3) | Where subsection (2) applies— |
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(a) | the principal duty shall apply in respect of the number of properties |
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that was subject to that duty prior to the publication of the 2016 Fuel |
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Poverty Annual Report; and |
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(b) | the Secretary of State shall seek to ensure that at least the number of |
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additional properties under subsection (2) shall be made fuel poverty |
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proof by 31 December 2017. |
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6 | Hard to treat properties |
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(1) | A property shall be deemed to be a “hard to treat property” where the |
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interventions required to bring the property to the standard specified in section |
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2(3)(a) would be excessively expensive or not practicable. |
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(2) | The Secretary of State shall within six months of the coming into force of this |
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Act make regulations setting out the circumstances in which, and the means for |
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determining whether, a property falls within subsection (1). |
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7 | Duty to fuel poverty proof the homes of the fuel poor |
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(1) | In exercising any of his functions under this Act the Secretary of State shall act |
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in accordance with the purpose of this Act. |
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(2) | The Secretary of State shall take all practicable measures to ensure that as many |
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as possible of the properties that are made fuel poverty proof under this Act |
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are properties that are occupied by persons in fuel poverty. |
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8 | Revision of the Fuel Poverty Strategy |
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(1) | Where at any date prior to 1 January 2016 one or both of the conditions in |
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subsection (2) applies the Secretary of State must revise the Fuel Poverty |
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(2) | The conditions referred to in subsection (1) are— |
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(a) | that in any Fuel Poverty Annual Report the Secretary of State reports |
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that inadequate progress is being made towards securing compliance |
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with the principal duty; or |
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(b) | that the number of properties reported in a Fuel Poverty Annual Report |
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to have been made fuel poverty proof in the reportable year is less than |
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the number of properties required to have be made fuel poverty proof |
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(3) | The Secretary of State may amend and publish the Fuel Poverty Strategy at any |
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time if, in his opinion, it is necessary or desirable to do so in order to ensure |
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that the principal duty or the duty to implement the Fuel Poverty Strategy |
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under section 3(5) are met. |
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(4) | The duty under section 3(5) shall apply to any revised strategy in the same way |
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as it applies to the Fuel Poverty Strategy as originally published. |
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9 | Duty to consult and try to reach agreement |
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(1) | Before carrying out any of the specified acts the Secretary of State must consult |
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and try to reach agreement on the matter under consultation with— |
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(a) | organisations representing the interests of persons living in fuel |
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(b) | organisations representing environmental interests; and |
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(c) | organisations representing business interests. |
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(2) | In subsection (1) the specified acts are— |
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(a) | the publication of the Fuel Poverty Strategy; |
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(b) | the publication of any revision to the Fuel Poverty Strategy; |
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(c) | making regulations under section 6 (hard to treat properties); and |
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(d) | making regulations under section 10 (social tariffs). |
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10 | Energy assistance packages |
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(1) | The Secretary of State shall, within six months of the commencement of this |
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Act, make regulations prescribing that energy suppliers of one or more |
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specified descriptions shall be required to provide energy assistance packages |
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to such of their customers as are prescribed in the regulations. |
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(2) | Regulations under this section shall prescribe— |
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(a) | those energy suppliers to which the regulations shall apply (prescribed |
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(b) | those persons who shall be eligible for energy assistance packages |
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(3) | Energy assistance packages provided for by regulations under this section |
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shall, as a minimum, require prescribed suppliers to supply energy to all of |
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their prescribed customers at a tariff that is lower than any other tariff available |
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to other customers of that supplier until such time as their homes have been |
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(4) | The Secretary of State shall consult with the Welsh Assembly Government and |
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the Scottish Executive on the application of this section to gas and electricity |
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customers in Wales and Scotland. |
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11 | Changes to the energy performance certificate scheme |
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(1) | Where any relevant changes to the scheme of energy performance certificates |
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are made any reference in this Act to a property being made fuel poverty proof |
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shall be a reference to a property being made at least as energy efficient as a |
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property in respect of which an energy performance certificate in Band B, or |
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Band C in the case of a hard to treat property, would have been issued had it |
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been assessed on 31 December 2008. |
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(2) | In this section a relevant change to the energy performance certificate scheme |
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is any change in legislation, policy or guidance having the effect that— |
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(a) | energy performance certificates cease to operate; or |
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(b) | Band B or Band C of an energy performance certificate no longer |
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represent the same level of energy efficiency as at 31 December 2008. |
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There shall be paid out of money provided by Parliament— |
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(a) | any expenditure incurred under or by virtue of this Act by the Secretary of |
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(b) | any increase attributable to this Act in the sums payable under any other Act |
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out of money so provided. |
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(a) | “energy performance certificate” has the same meaning as under the |
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Energy Performance of Buildings (Certificates and Inspections) |
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(England and Wales) Regulations 2007 (SI 2007/991) (the 2007 |
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(b) | A reference to an energy performance certificate being graded at “Band |
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A” or “Band B” or “Band C” is a reference to the expression on a |
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graphical scale of the energy performance of the property under |
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Regulation 11 of the 2007 Regulations in a manner approved by the |
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Secretary of State under regulation 17A of the Building Regulations |
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(c) | “sustainable energy” means those sources of energy and technologies |
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set out in section 26(2) of the Climate Change and Sustainable Energy |
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Act 2006 (c. 19) as amended. |
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(d) | A “household in fuel poverty” is a household that would need to spend |
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at least 10 per cent of its disposable income on all fuel use in order to |
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achieve a temperature of 21oC in the living room or main living area |
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and 18oC in all other rooms for at least 16 hours a day. |
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14 | Short title and extent |
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(1) | This Act may be cited as the Fuel Poverty Act 2009. |
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