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Energy Bill [HL]


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

37

 

(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

5

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;

10

(c)   

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

be payable);

(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;

15

(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

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

(a)   

to confirm the decision;

20

(b)   

to quash the decision;

(c)   

to make a different decision;

(d)   

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

who made it;

(e)   

to award costs.

25

(7)   

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

consequence of, any provision falling within—

(a)   

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

(b)   

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

   

Scottish tenants’ energy efficiency improvements regulations may revoke or

30

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 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

35

under an Act of the Scottish Parliament.

Scottish non-domestic energy efficiency regulations

56      

Power to make non-domestic energy efficiency regulations: Scotland

(1)   

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

exercisable only—

40

(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 non-domestic

PR properties to which the regulations relate, and

45

 
 

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

38

 

(ii)   

will not decrease the number of properties available for rent.

(2)   

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

a landlord of a Scottish non-domestic PR property—

(a)   

which is of such description of Scottish non-domestic PR property as is

provided for by the regulations,

5

(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

regulations,

   

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

10

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.

(4)   

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

domestic energy efficiency regulations”.

15

(5)   

For the purposes of Scottish non-domestic energy efficiency regulations—

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

Performance (Scotland) Regulations;

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

regulations; and

20

“relevant energy efficiency improvements” means improvements

which—

(a)   

are of such description as the regulations provide, and

(b)   

can be—

(i)   

wholly paid for pursuant to a green deal plan as

25

provided for by Chapter 1 of this Part, or

(ii)   

financed by such other description of financial

arrangement as the regulations provide.

(6)   

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

performance certificate” in subsection (5).

30

(7)   

Scottish non-domestic energy efficiency regulations may come into force no

earlier than 1 April 2015.

57      

Further provision about non-domestic energy efficiency regulations: Scotland

(1)   

Scottish non-domestic energy efficiency regulations may, in particular, include

provision about—

35

(a)   

the period within which improvements required by the regulations

must be started or completed;

(b)   

exemptions from any requirement imposed by or under the

regulations;

(c)   

evidence relating to any requirement imposed by or under the

40

regulations.

(2)   

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

about exemptions—

(a)   

relating to any necessary permissions or consents;

(b)   

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

45

complying with a requirement imposed by or under the regulations.

 
 

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

39

 

(3)   

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

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;

5

(c)   

that the improvements required by or under the regulations are not

relevant energy efficiency improvements within the meaning given by

the regulations.

58      

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

Scotland

10

(1)   

Scottish non-domestic energy efficiency regulations may include 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—

(a)   

for a local authority constituted under section 2(1) of the Local

15

Government etc. (Scotland) Act 1994 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;

(c)   

about the sanctions for the provision of false information in connection

20

with such a requirement;

   

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

penalty by such a local authority.

(3)   

Where Scottish non-domestic energy efficiency regulations make provision for

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

25

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;

(b)   

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

30

(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;

(e)   

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

35

(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—

(a)   

to confirm the penalty;

40

(b)   

to withdraw the penalty;

(c)   

to vary the amount of the penalty;

(d)   

to award costs.

(6)   

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

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

45

Scottish non-domestic energy efficiency regulations may revoke or amend any

subordinate legislation if the provision making the revocation or amendment

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 4 — Reducing carbon emissions and home-heating costs

40

 

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

included in an Act of that Parliament.

(7)   

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.

5

General

59      

Regulations and orders: Scotland

(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

10

instrument.

(3)   

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

annulment in pursuance of a resolution of the Scottish 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

15

resolution of, the Scottish Parliament.

60      

Crown application: Chapter 3

This Chapter binds the Crown.

Chapter 4

Reducing carbon emissions and home-heating costs

20

61      

Promotion of reductions in carbon emissions: gas transporters and suppliers

(1)   

Section 33BC of the Gas Act 1986 (promotion of reductions in carbon emissions:

gas transporters and suppliers) is amended as follows.

(2)   

In subsection (5) (general provision that may be included in an order imposing

an obligation to achieve a carbon emissions reduction target)—

25

(a)   

for paragraphs (ba) and (c) substitute—

“(ba)   

requiring part of a carbon emissions reduction target to

be met by action of a specified description;

(bb)   

requiring the whole or any part of a carbon emissions

reduction target to be met by action relating to—

30

(i)   

individuals of a specified description,

(ii)   

property of a specified description,

(iii)   

specified areas or areas of a specified

description, or

(iv)   

individuals or property of a specified

35

description in specified areas or areas of a

specified description;

(bc)   

enabling the Authority to direct a transporter or

supplier to meet part of a carbon emissions reduction

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 4 — Reducing carbon emissions and home-heating costs

41

 

target by action relating to an individual named in the

direction;

(bd)   

preventing action from qualifying for the purpose of

meeting the whole or any part of a carbon emissions

reduction target unless such persons as are specified in,

5

or determined in accordance with, the order—

(i)   

have been consulted about the action;

(ii)   

have consented to the action;

(be)   

requiring action which qualifies for the purpose of

meeting both a carbon emissions reduction target and a

10

home-heating cost reduction target to be treated as

qualifying only for the purpose of meeting such one of

those targets as the transporter or supplier concerned

elects;

(c)   

determining, or specifying the method for determining,

15

the contribution that any action makes towards meeting

a carbon emissions reduction target;”;

(b)   

in paragraph (e) for sub-paragraph (ii) substitute—

“(ii)   

if so, what contribution the proposed action (or

any result of that action specified in the

20

determination) is to make towards achieving the

carbon emissions reduction target;”;

(c)   

after paragraph (f) insert “; and

“(g)   

requiring the Authority or a specified body to offer

services of a specified kind and authorising a specified

25

fee to be charged to those who take up the offer.”

(3)   

After subsection (5) insert—

“(5A)   

If the order makes provision by virtue of subsection (5)(bc) enabling the

Authority to direct a transporter or supplier to meet part of a carbon

emissions reduction target by action relating to an individual named in

30

the direction the order may also make provision—

(a)   

authorising the Authority to require specified persons to

provide it with information for the purpose of enabling it to

identify and select individuals who are to be the subject of a

direction;

35

(b)   

specifying criteria in accordance with which the Authority is to

select individuals who are to be the subject of a direction;

(c)   

determining, or specifying the method for determining, which

transporter or supplier is to be given a direction in relation to

any particular individual selected in accordance with provision

40

made under paragraph (b);

(d)   

authorising the Authority, if it gives a direction to a transporter

or supplier, to provide the transporter or supplier with

information relating to the individual concerned for the

purpose of assisting the transporter or supplier to comply with

45

the direction;

(e)   

as to the times at which a direction may be given;

(f)   

as to the circumstances in which a direction need not be

complied with.

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 4 — Reducing carbon emissions and home-heating costs

42

 

(5B)   

Provision made by virtue of subsection (5)(c) may in particular provide

for an action to be treated as making a greater contribution than it

would otherwise do if the action relates to—

(a)   

an individual of a specified description,

(b)   

a property of a specified description, or

5

(c)   

both an individual of a specified description and a property of

a specified description.”

(4)   

After subsection (9) insert—

“(9A)   

The order may make provision requiring the Authority to give

guidance to transporters or suppliers concerning such matters relating

10

to the order as are specified.

(9B)   

The Authority shall carry out its functions under this section in

accordance with any general or specific directions given to it by the

Secretary of State.”

(5)   

For subsection (10A) substitute—

15

“(10A)   

The Secretary of State must obtain the consent of the Scottish Ministers

before making an order under this section which contains provision

that—

(a)   

is included by virtue of subsection (2)(b),

(b)   

extends to Scotland, and

20

(c)   

would be within the legislative competence of the Scottish

Parliament if contained in an Act of that Parliament.”

(6)   

After subsection (12) insert—

“(12A)   

Subsection (12) does not apply to an order under this section made only

for the purpose of amending an earlier order under this section—

25

(a)   

so as to add to the earlier order provision of a sort mentioned in

any of paragraphs (b), (ba) or (c) of subsection (5), or

(b)   

so as to alter the provision included in the earlier order by virtue

of any of those paragraphs;

   

but such an order shall be subject to annulment in pursuance of a

30

resolution of either House of Parliament.”

(7)   

In subsection (13) before the definition of “microgeneration” insert—

““home-heating cost reduction target” has the meaning given by

section 33BD(2)(a);”.

62      

Promotion of reductions in carbon emissions: electricity generators,

35

distributors and suppliers

(1)   

Section 41A of the Electricity Act 1989 (promotion of reductions in carbon

emissions: electricity generators, distributors and suppliers) is amended as

follows.

(2)   

In subsection (5) (general provision that may be included in an order imposing

40

an obligation to achieve a carbon emissions reduction target)—

(a)   

for paragraphs (ba) and (c) substitute—

“(ba)   

requiring part of a carbon emissions reduction target to

be met by action of a specified description;

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 4 — Reducing carbon emissions and home-heating costs

43

 

(bb)   

requiring the whole or any part of a carbon emissions

reduction target to be met by action relating to—

(i)   

individuals of a specified description,

(ii)   

property of a specified description,

(iii)   

specified areas or areas of a specified

5

description, or

(iv)   

individuals or property of a specified

description in specified areas or areas of a

specified description;

(bc)   

enabling the Authority to direct a distributor or supplier

10

to meet part of a carbon emissions reduction target by

action relating to an individual named in the direction;

(bd)   

preventing action from qualifying for the purpose of

meeting the whole or any part of a carbon emissions

reduction target unless such persons as are specified in,

15

or determined in accordance with, the order—

(i)   

have been consulted about the action;

(ii)   

have consented to the action;

(be)   

requiring action which qualifies for the purpose of

meeting both a carbon emissions reduction target and a

20

home-heating cost reduction target to be treated as

qualifying only for the purpose of meeting such one of

those targets as the distributor or supplier concerned

elects;

(c)   

determining, or specifying the method for determining,

25

the contribution that any action makes towards meeting

a carbon emissions reduction target;”;

(b)   

in paragraph (e) for sub-paragraph (ii) substitute—

“(ii)   

if so, what contribution the proposed action (or

any result of that action specified in the

30

determination) is to make towards achieving the

carbon emissions reduction target;”;

(c)   

after paragraph (f) insert “; and

(g)   

requiring the Authority or a specified body to offer

services of a specified kind and authorising a specified

35

fee to be charged to those who take up the offer.”

(3)   

After subsection (5) insert—

“(5A)   

If the order makes provision by virtue of subsection (5)(bc) enabling the

Authority to direct a distributor or supplier to meet part of a carbon

emissions reduction target by action relating to an individual named in

40

the direction the order may also make provision—

(a)   

authorising the Authority to require specified persons to

provide it with information for the purpose of enabling it to

identify and select individuals who are to be the subject of a

direction;

45

(b)   

specifying criteria in accordance with which the Authority is to

select individuals who are to be the subject of a direction;

(c)   

determining, or specifying the method for determining, which

distributor or supplier is to be given a direction in relation to

any particular individual selected in accordance with provision

50

made under paragraph (b);

 
 

 
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