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Energy Bill [HL]


Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 2 — Private rented sector: England and Wales

26

 

Tenants’ energy efficiency improvements regulations

40      

Power to make tenants’ energy efficiency improvements regulations: England

and Wales

(1)   

The power of the Secretary of State to make regulations under this section is

exercisable only—

5

(a)   

after the publication of the report under section 36(6), and

(b)   

if, having regard to the report, the Secretary of State considers that the

regulations—

(i)   

will improve the energy efficiency of the domestic PR

properties to which the regulations relate, and

10

(ii)   

will not decrease the number of properties available for rent.

(2)   

The Secretary of State may make regulations for the purpose of securing that a

landlord of a domestic PR property which is of such description of domestic PR

property as is provided for by the regulations does not unreasonably refuse a

request mentioned in subsection (3).

15

(3)   

The request is one by the tenant of the property to consent to the making of

such relevant energy efficiency improvements as are identified in the request.

(4)   

Regulations under this section are referred to in this Chapter as “tenants’

energy efficiency improvements regulations”.

(5)   

For the purposes of tenants’ energy efficiency improvements regulations—

20

“landlord” and “tenant” have the meaning given by the regulations; and

“relevant energy efficiency improvements” means improvements

which—

(a)   

are of such description as the regulations provide, and

(b)   

can be—

25

(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

30

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.

35

(6)   

Tenants’ energy efficiency improvements regulations may come into force no

earlier than 1 April 2015.

41      

Further provision about tenants’ energy efficiency improvements

regulations: England and Wales

(1)   

Tenants’ energy efficiency improvements regulations may, in particular,

40

include provision about—

(a)   

the form, content and service of a request under the regulations;

(b)   

the form, content and service of any response by the landlord to a

request (including the period within which any response must be

given);

45

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 2 — Private rented sector: England and Wales

27

 

(c)   

exemptions from any requirement imposed by or under the

regulations;

(d)   

evidence relating to any requirement imposed by or under the

regulations.

(2)   

Provision falling within subsection (1)(c) includes, in particular, provision

5

about exemptions—

(a)   

relating to any necessary permissions or consents;

(b)   

relating to the likely negative impact on the value of a property of

consenting to the request.

(3)   

Provision falling within subsection (1)(d) includes, in particular, provision

10

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 for which consent has been requested are not

15

relevant energy efficiency improvements within the meaning given by

the regulations.

42      

Sanctions for the purposes of tenants’ energy efficiency improvements

regulations: England and Wales

(1)   

Tenants’ energy efficiency improvements regulations may include provision

20

for the purpose of securing compliance with requirements imposed on

landlords by or under the regulations.

(2)   

Provision falling within subsection (1) includes, in particular, provision for a

tenant to apply to a court or tribunal for a ruling that a landlord has not

complied with a requirement imposed by or under the regulations.

25

(3)   

Where the regulations make provision for a tenant to make an application such

as is mentioned in subsection (2), the provision may, in particular, include

provision—

(a)   

as to the jurisdiction of the court or tribunal to which an application

may be made;

30

(b)   

as to the grounds on which an application may be made;

(c)   

as to the procedure for making an application (including any fee which

may be payable);

(d)   

as to the powers of the court or tribunal to which an application is made

(including as to costs which may be awarded);

35

(e)   

as to how any sum payable in pursuance of a decision of the court or

tribunal is to be recoverable.

(4)   

Where the regulations make provision for a tenant to make an application such

as is mentioned in subsection (2), the regulations must also include provision

for a right of appeal by the tenant or landlord against any decision of a court or

40

tribunal on an application.

(5)   

Provision falling within subsection (4) includes, in particular, provision—

(a)   

as to the jurisdiction of the court or tribunal to which an appeal may be

made;

(b)   

as to the grounds on which an appeal may be made;

45

(c)   

as to the procedure for making an appeal (including any fee which may

be payable);

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 2 — Private rented sector: England and Wales

28

 

(d)   

suspending the effect of the decision being appealed against, pending

determination of the appeal;

(e)   

as to the powers of the court or tribunal to which an appeal is made;

(f)   

as to how any sum payable in pursuance of a decision of the court or

tribunal is to be recoverable.

5

(6)   

The provision referred to in subsection (5)(e) includes provision conferring on

the court or tribunal to which an appeal is made power—

(a)   

to confirm the decision;

(b)   

to quash the decision;

(c)   

to make a different decision;

10

(d)   

to remit the decision or any matter relating to the decision to the person

who made it;

(e)   

to award costs.

(7)   

If the Secretary of State considers it appropriate for the purpose of, or in

consequence of, any provision falling within—

15

(a)   

subsection (3)(a), (c), (d) or (e), or

(b)   

subsection (5)(a), (c), (e) or (f),

   

tenants’ energy efficiency improvements regulations may revoke or amend

any subordinate legislation in so far as the subordinate legislation extends to

England and Wales.

20

(8)   

In this section “subordinate legislation” has the meaning given in section 21(1)

of the Interpretation Act 1978.

Non-domestic energy efficiency regulations

43      

Power to make non-domestic energy efficiency regulations: England and

Wales

25

(1)   

The power of the Secretary of State to make regulations under this section is

exercisable only—

(a)   

after the publication of the report under section 36(6), and

(b)   

if, having regard to the report, the Secretary of State considers that the

regulations—

30

(i)   

will improve the energy efficiency of the non-domestic PR

properties to which the regulations relate, and

(ii)   

will not decrease the number of properties available for rent.

(2)   

The Secretary of State may make regulations for the purpose of securing that a

landlord of a non-domestic PR property—

35

(a)   

which is of such description of non-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

40

regulations,

   

may not let the property until the landlord has complied with the obligation

mentioned in subsection (3).

(3)   

The obligation is to make to the property such relevant energy efficiency

improvements as are provided for by the regulations.

45

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 2 — Private rented sector: England and Wales

29

 

(4)   

Regulations under this section are referred to in this Chapter as “non-domestic

energy efficiency regulations”.

(5)   

For the purposes of non-domestic energy efficiency regulations—

“energy performance certificate” has the meaning given by the Energy

Performance Regulations;

5

“landlord”, “let the property” and “tenant” have the meaning given by the

regulations; and

“relevant energy efficiency improvements” means improvements

which—

(a)   

are of such description as the regulations provide, and

10

(b)   

can be—

(i)   

wholly paid for pursuant to a green deal plan as

provided for by Chapter 1 of this Part, or

(ii)   

financed by such other description of financial

arrangement as the regulations provide.

15

(6)   

The Secretary of State may by order amend the definition of “energy

performance certificate” in subsection (5).

(7)   

Non-domestic energy efficiency regulations may come into force no earlier

than 1 April 2015.

44      

Further provision about non-domestic energy efficiency regulations: England

20

and Wales

(1)   

Non-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;

25

(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

30

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

35

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

40

relevant energy efficiency improvements within the meaning given by

the regulations.

 
 

 
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