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Energy Bill [HL]


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

30

 

45      

Sanctions for the purposes of non-domestic energy efficiency regulations:

England and Wales

(1)   

Non-domestic energy efficiency regulations may include provision for the

purpose of securing compliance with requirements imposed on landlords by

or under the regulations.

5

(2)   

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

(a)   

for a local weights and measures authority to enforce any requirement

imposed by or under the regulations;

(b)   

about the sanctions for non-compliance with a requirement imposed by

or under the regulations;

10

(c)   

about the sanctions for the provision of false information in connection

with such a requirement;

   

including, in cases falling within paragraph (b) or (c), the imposition of a civil

penalty by a local weights and measures authority.

(3)   

Where non-domestic energy efficiency regulations make provision for a civil

15

penalty, the regulations must also include provision for a right of appeal to a

court or tribunal against the imposition of the penalty.

(4)   

Provision falling within subsection (3) includes, in particular, provision—

(a)   

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

made;

20

(b)   

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

(c)   

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

be payable);

(d)   

suspending the imposition of the penalty, pending determination of the

appeal;

25

(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)   

The provision referred to in subsection (4)(e) includes provision conferring on

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

30

(a)   

to confirm the penalty;

(b)   

to withdraw the penalty;

(c)   

to vary the amount of the penalty;

(d)   

to award costs.

(6)   

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

35

consequence of, any provision falling within subsection (4)(a), (c), (e) or (f),

non-domestic energy efficiency regulations may revoke or amend any

subordinate legislation in so far as the subordinate legislation extends to

England and Wales.

(7)   

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

40

of the Interpretation Act 1978.

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 3 — Private rented sector: Scotland

31

 

General

46      

Regulations and orders: England and Wales

(1)   

Regulations and orders under this Chapter may make different provision for

different cases or circumstances or for different purposes.

(2)   

Regulations and orders under this Chapter are to be made by statutory

5

instrument.

(3)   

A statutory instrument containing an order under this Chapter is subject to

annulment in pursuance of a resolution of either House of Parliament.

(4)   

A statutory instrument containing regulations under this Chapter may not be

made unless a draft of the instrument has been laid before, and approved by a

10

resolution of, each House of Parliament.

47      

Crown application: Chapter 2

This Chapter binds the Crown.

Chapter 3

Private rented sector: Scotland

15

Introductory

48      

Meaning of “domestic PR property” and “non-domestic PR property”:

Scotland

(1)   

For the purposes of this Chapter—

(a)   

a property is a “Scottish domestic private rented property” if it is let

20

under a tenancy to which Chapter 4 of Part 1 of the Housing (Scotland)

Act 2006 applies;

(b)   

a property is a “Scottish non-domestic private rented property” if it—

(i)   

is situated in Scotland,

(ii)   

is let under a tenancy, and

25

(iii)   

is not a dwelling.

(2)   

In subsection (1)(b) “dwelling” has the meaning given by the Energy

Performance of Buildings (Scotland) Regulations 2008 or any regulations

replacing those regulations (“the Energy Performance (Scotland)

Regulations”).

30

(3)   

A Scottish domestic private rented property is referred to in this Chapter as a

“Scottish domestic PR property”.

(4)   

A Scottish non-domestic private rented property is referred to in this Chapter

as a “Scottish non-domestic PR property”.

49      

Review of energy efficiency in the private rented sector: Scotland

35

(1)   

A review under this section is a review of the energy efficiency of Scottish

domestic PR properties and Scottish non-domestic PR properties (referred to

in this Chapter as “Scottish PR properties”).

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 3 — Private rented sector: Scotland

32

 

(2)   

The Scottish Ministers must conduct the review, or arrange for the review to be

conducted on behalf of the Scottish Ministers by another person.

(3)   

If the Scottish Ministers arrange for another person to conduct the review—

(a)   

that person must conduct the review in accordance with any directions

given by the Scottish Ministers, and

5

(b)   

the arrangement may include provision for payments to be made by the

Scottish Ministers to the person.

(4)   

The review must not be commenced before the end of the period of one year

beginning with the day on which regulations under section 3 (green deal

framework regulations) first come into force in relation to Scotland.

10

(5)   

The review must include—

(a)   

a comparison of the energy efficiency of Scottish PR properties with the

energy efficiency of properties in Scotland which are not Scottish PR

properties;

(b)   

a consideration of the extent to which financial assistance is available to

15

landlords of Scottish PR properties for the purpose of taking measures

to improve the energy efficiency of their properties;

(c)   

a consideration of the need for action to be taken for the purpose of

improving the energy efficiency of Scottish PR properties;

(d)   

a consideration of the possible effects of any action recommended to be

20

taken as a result of the consideration required by paragraph (c).

(6)   

A report of the review must be published before 1 April 2014.

Scottish domestic energy efficiency regulations

50      

Power to make domestic energy efficiency regulations: Scotland

(1)   

The power of the Scottish Ministers to make regulations under this section is

25

exercisable only—

(a)   

after the publication of the report under section 49(6), and

(b)   

if, having regard to the report, the Scottish Ministers consider that the

regulations—

(i)   

will improve the energy efficiency of the Scottish domestic PR

30

properties to which the regulations relate, and

(ii)   

will not decrease the number of properties available for rent.

(2)   

The Scottish Ministers may make regulations requiring local authorities to

issue the notice mentioned in subsection (3) to the landlord of each Scottish

domestic PR property—

35

(a)   

which is of such description of Scottish 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.

(3)   

The notice is one requiring the landlord to make to the property such relevant

energy efficiency improvements as are identified by the notice.

(4)   

The regulations may—

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 3 — Private rented sector: Scotland

33

 

(a)   

provide for the steps which each local authority must take to identify

the properties in relation to which a notice should be issued, and

(b)   

provide for the duty to issue a notice not to apply in such circumstances

as may be provided for by the regulations.

(5)   

Regulations under this section are referred to in this Chapter as “Scottish

5

domestic energy efficiency regulations”.

(6)   

For the purposes of Scottish domestic energy efficiency regulations—

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

Performance (Scotland) Regulations;

“landlord” has the meaning given by the regulations;

10

“local authority” means a local authority constituted under section 2(1) of

the Local Government etc. (Scotland) Act 1994; and

“relevant energy efficiency improvements” means improvements

which—

(a)   

are of such description as the regulations provide, and

15

(b)   

can be—

(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

20

of the Gas Act 1986 or section 41A or 41B of the

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

25

arrangement as the regulations provide.

(7)   

The Scottish Ministers may by order amend the definition of “energy

performance certificate” in subsection (6).

(8)   

Scottish domestic energy efficiency regulations may come into force no earlier

than 1 April 2015.

30

51      

Further provision about domestic energy efficiency regulations: Scotland

(1)   

Scottish domestic energy efficiency regulations may, in particular, include

provision about—

(a)   

the form, content and service of the notice to be issued under the

regulations;

35

(b)   

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

(including the period within which any response must be given);

(c)   

the circumstances in which, and the method by which, a local authority

may or must withdraw a notice;

(d)   

the period within which the improvements required by a notice must

40

be started or completed;

(e)   

exemptions from any requirement imposed by or under the

regulations;

(f)   

evidence relating to any requirement imposed by or under the

regulations.

45

(2)   

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

about exemptions—

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 3 — Private rented sector: Scotland

34

 

(a)   

relating to any necessary permissions or consents;

(b)   

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

complying with the notice.

(3)   

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

about evidence for the purpose of demonstrating—

5

(a)   

compliance with a notice;

(b)   

an exemption from a requirement imposed by or under the regulations;

(c)   

that a property is not one in relation to which the local authority had

power to issue a notice;

(d)   

that the improvements required by a notice are not relevant energy

10

efficiency improvements within the meaning given by the regulations.

52      

Sanctions for the purposes of domestic energy efficiency regulations:

Scotland

(1)   

Scottish domestic energy efficiency regulations may include provision for the

purpose of securing compliance with requirements imposed on landlords by

15

or under the regulations.

(2)   

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

about—

(a)   

the sanctions for non-compliance with a requirement imposed by or

under the regulations;

20

(b)   

the sanctions for the provision of false information in connection with

such a requirement;

   

including, in both cases, the imposition of a civil penalty by a local authority.

(3)   

The amount of any civil penalty provided for by Scottish domestic energy

efficiency regulations must not exceed £5,000.

25

(4)   

Where Scottish domestic energy efficiency regulations make provision for the

imposition of a civil penalty, the regulations must also include provision for a

right of appeal to a court or tribunal against the imposition of the penalty.

(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

30

made;

(b)   

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

(c)   

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

be payable);

(d)   

suspending the imposition of the penalty, pending determination of the

35

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.

(6)   

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

40

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

(a)   

to confirm the penalty;

(b)   

to withdraw the penalty;

(c)   

to vary the amount of the penalty;

(d)   

to award costs.

45

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 3 — Private rented sector: Scotland

35

 

(7)   

If the Scottish Ministers consider it appropriate for the purpose of, or in

consequence of, any provision falling within subsection (5)(a), (c), (e) or (f),

Scottish domestic energy efficiency regulations may revoke or amend any

subordinate legislation if the provision making the revocation or amendment

would be within the legislative competence of the Scottish Parliament if it were

5

included in an Act of that Parliament.

(8)   

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

of the Interpretation Act 1978, except that it includes any instrument made

under an Act of the Scottish Parliament.

Scottish tenants’ energy efficiency improvements regulations

10

53      

Power to make tenants’ energy efficiency improvements regulations:

Scotland

(1)   

The power of the Scottish Ministers to make regulations under this section is

exercisable only—

(a)   

after the publication of the report under section 49(6), and

15

(b)   

if, having regard to the report, the Scottish Ministers consider that the

regulations—

(i)   

will improve the energy efficiency of the Scottish domestic PR

properties to which the regulations relate, and

(ii)   

will not decrease the number of properties available for rent.

20

(2)   

The Scottish Ministers may make regulations for the purpose of securing that

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

Scottish domestic PR property as is provided for by the regulations does not

unreasonably refuse a request mentioned in subsection (3).

(3)   

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

25

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

(4)   

Regulations under this section are referred to in this Chapter as “Scottish

tenants’ energy efficiency improvements regulations”.

(5)   

For the purposes of Scottish tenants’ energy efficiency improvements

regulations—

30

“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—

35

(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

40

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.

45

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 3 — Private rented sector: Scotland

36

 

(6)   

Scottish tenants’ energy efficiency improvements regulations may come into

force no earlier than 1 April 2015.

54      

Further provision about tenants’ energy efficiency improvements

regulations: Scotland

(1)   

Scottish tenants’ energy efficiency improvements regulations may, in

5

particular, 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);

10

(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

15

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

20

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

25

relevant energy efficiency improvements within the meaning given by

the regulations.

55      

Sanctions for the purposes of tenants’ energy efficiency improvements

regulations: Scotland

(1)   

Scottish tenants’ energy efficiency improvements regulations may include

30

provision 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.

35

(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;

40

(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);

45

 
 

 
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