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Energy Bill [HL]


Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 1 — Green deal

8

 

(3)   

The second condition is that—

(a)   

the improvements installed meet the standard specified in the code of

practice issued for the purposes of the scheme under the framework

regulations, and

(b)   

if a list is annexed by the Secretary of State to the code of practice, the

5

improvements installed are specified in the list.

(4)   

The third condition is that the carrying out of the installation meets the

standard specified in the code of practice.

8       

Confirmation of plan

(1)   

For the purposes of section 1(5)(b) an arrangement is confirmed in accordance

10

with this section if the following two conditions are met.

(2)   

The first condition is that the relevant energy supplier notifies the bill payer—

(a)   

that payments for the energy efficiency improvements to the property

are to be included in the energy bills for the property from the date

specified in the notification, and

15

(b)   

of the amounts of those payments and the period for which they are to

be made.

(3)   

The date mentioned in subsection (2)(a) must not fall earlier than the end of the

period specified in the framework regulations.

(4)   

The second condition is that, as soon as practicable after the improvements

20

have been installed, the green deal provider takes whichever of the following

actions the framework regulations require in the circumstances—

(a)   

producing a document containing such information in connection with

the plan as is specified in the regulations in the form so specified,

(b)   

securing that a document of a description specified in the regulations is

25

produced, or

(c)   

securing that a document of such a description is amended.

(5)   

Sections 9 and 10 make further provision in relation to the second condition.

9       

Confirmation of plan: supplementary provision for England and Wales

(1)   

Subsection (2) applies if, by virtue of section 8(4)(b) or (c), the framework

30

regulations specify a document of a description which is required to be

produced under the 2007 Regulations.

(2)   

The framework regulations may make provision for the 2007 Regulations to

have effect in connection with the documents required to be produced or

amended by virtue of section 8(4)(b) or (c), with the modifications specified in

35

the framework regulations.

(3)   

The modifications made by virtue of subsection (2) may, in particular,

include—

(a)   

requiring a document to contain additional information in connection

with the plan;

40

(b)   

making provision about the period for which a document must be

entered onto the register maintained under Part 6 of the 2007

Regulations;

(c)   

imposing a requirement to pay a fee.

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 1 — Green deal

9

 

(4)   

In this section “the 2007 Regulations” means the Energy Performance of

Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

(S.I. 2007/991).

10      

Confirmation of plan: supplementary provision for Scotland

(1)   

Subsection (2) applies if, by virtue of section 8(4)(b) or (c), the framework

5

regulations specify a document of a description which is required to be

produced under the 2008 Regulations.

(2)   

The Scottish Ministers may by regulations make provision for the 2008

Regulations to have effect in connection with the documents required to be

produced or amended by virtue of section 8(4)(b) or (c), with the modifications

10

specified in the regulations.

(3)   

The modifications made by virtue of subsection (2) may, in particular,

include—

(a)   

requiring a document to contain additional information in connection

with the plan;

15

(b)   

making provision about the period for which a document must be

entered onto the register maintained under regulation 10 of the 2008

Regulations;

(c)   

imposing a requirement to pay a fee.

(4)   

In this section “the 2008 Regulations” means the Energy Performance of

20

Buildings (Scotland) Regulations 2008 (S.S.I 2008/309).

11      

Updating information produced under section 8

(1)   

The framework regulations may make provision as to the circumstances in

which a document produced for the purposes of section 8(4)(a) is required to

be amended in accordance with the regulations.

25

(2)   

Subsection (3) applies if—

(a)   

by virtue of section 8(4)(b) or (c), the framework regulations specify a

document of a description which is required to be produced under the

2007 Regulations, and

(b)   

provision is made in the regulations by virtue of section 9(3)(a)

30

modifying the effect of the 2007 Regulations to require a document of

that description to contain additional information.

(3)   

The framework regulations may make provision—

(a)   

for the 2007 Regulations to have effect with the further modifications

specified in the framework regulations;

35

(b)   

as to the circumstances in which they are to so have effect.

(4)   

The modifications made by virtue of subsection (3)(a) may, in particular,

include—

(a)   

requiring the additional information to be amended;

(b)   

imposing a requirement to pay a fee.

40

(5)   

Subsection (6) applies if—

(a)   

by virtue of section 8(4)(b) or (c), the framework regulations specify a

document of a description which is required to be produced under the

2008 Regulations, and

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 1 — Green deal

10

 

(b)   

provision is made in the regulations by virtue of section 10(3)(a)

modifying the effect of the 2008 Regulations to require a document of

that description to contain additional information.

(6)   

The Scottish Ministers may by regulations make provision—

(a)   

for the 2008 Regulations to have effect with the further modifications

5

specified in the regulations;

(b)   

as to the circumstances in which they are to so have effect.

(7)   

The modifications made by virtue of subsection (6)(a) may, in particular,

include—

(a)   

requiring the additional information to be amended;

10

(b)   

imposing a requirement to pay a fee.

(8)   

In subsections (2) and (3) “the 2007 Regulations” has the same meaning as in

section 9.

(9)   

In subsections (5) and (6) “the 2008 Regulations” has the same meaning as in

section 10.

15

Disclosure of green deal plan etc

12      

Disclosure of green deal plan etc in connection with sale or letting out

(1)   

This section applies where—

(a)   

a green deal property, or a lease of such a property, is to be sold, or

(b)   

a green deal property is to be let out—

20

(i)   

under a tenancy or licence agreement, and

(ii)   

on the basis that the prospective tenant or licensee is to be liable

for paying the energy bills for the property.

(2)   

The seller or prospective landlord or licensor must—

(a)   

obtain the document mentioned in section 8(4) or, if that provision has

25

not yet been complied with, produce a document containing the same

information in connection with the green deal plan as that document

would have contained, and

(b)   

provide the document free of charge to any prospective buyer, tenant

or licensee at the specified time.

30

(3)   

An obligation under subsection (2) may be discharged by an agent.

(4)   

For the purposes of subsection (2) a person becomes a prospective buyer,

tenant or licensee in relation to a property when the person—

(a)   

requests any information about the property from the seller,

prospective landlord or licensor or an agent for the purpose of deciding

35

whether to buy or let the property,

(b)   

makes a request to view the property for the purpose mentioned in

paragraph (a), or

(c)   

makes an offer, whether oral or written, to buy or let the property.

(5)   

For the purposes of this section—

40

(a)   

an agent is a person acting on behalf of a seller or prospective landlord

or licensor in the sale or letting out of a property;

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 1 — Green deal

11

 

(b)   

a property is a green deal property if there is a green deal plan in

respect of the property and payments are still to be made under that

plan;

(c)   

specified, in relation to a time, means specified in regulations made by

the Secretary of State.

5

(6)   

The Secretary of State may make regulations specifying cases or circumstances

in which subsection (2) does not apply.

13      

Acknowledgment of green deal plan on sale or letting out

(1)   

This section applies where—

(a)   

a green deal property, or a lease of such a property, is to be sold, or

10

(b)   

a green deal property is to be let out—

(i)   

under a tenancy or licence agreement which is in writing, and

(ii)   

on the basis that the prospective tenant or licensee is to be liable

for paying the energy bills for the property.

(2)   

The seller or prospective landlord or licensor must secure that the contract for

15

sale or tenancy or licence agreement includes an acknowledgment by the

buyer, tenant or licensee that the bill payer at the property is liable to make

payments under the green deal plan and that certain terms of that plan are

binding on the bill payer.

(3)   

Subsections (4) and (5) apply where the green deal property is in England or

20

Wales.

(4)   

An acknowledgment required by subsection (2) must be in the form prescribed

in regulations made by the Secretary of State.

(5)   

The Secretary of State may make regulations specifying cases or circumstances

in which subsection (2) does not apply.

25

(6)   

Subsections (7) and (8) apply where the green deal property is in Scotland.

(7)   

The acknowledgment required by subsection (2) must be in the form

prescribed in regulations made by the Scottish Ministers.

(8)   

The Scottish Ministers may make regulations specifying cases or circumstances

in which subsection (2) does not apply.

30

(9)   

In this section references to a green deal property are to be read in accordance

with section 12(5)(b).

14      

Sanctions for non-compliance with section 12 or 13

(1)   

The Secretary of State may make regulations—

(a)   

for the purpose of securing compliance with the obligations set out in

35

sections 12 and 13;

(b)   

as to the consequences of non-compliance with the obligations.

(2)   

The regulations may, in particular, include provision—

(a)   

as to sanctions for non-compliance with the obligations (including the

imposition of a civil penalty);

40

(b)   

enabling the Secretary of State to require a green deal provider to

suspend or cancel the liability of a bill payer to make payments under

a green deal plan;

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 1 — Green deal

12

 

(c)   

enabling the Secretary of State to require a green deal provider to

refund any such payments that have already been made;

(d)   

enabling the Secretary of State to require a seller or prospective

landlord or licensor to pay compensation to a green deal provider in

respect of any such suspension, cancellation or refund.

5

Modifying energy licences

15      

Power to modify energy licences in connection with green deal payments

(1)   

The Secretary of State may modify—

(a)   

a condition of a particular licence under section 7 or 7A of the Gas Act

1986 (gas transporter, shipper and supply licences);

10

(b)   

the standard conditions incorporated in licences under that provision

by virtue of section 8 of that Act;

(c)   

a condition of a particular licence under section 6(1)(c) or (d) of the

Electricity Act 1989 (electricity distribution and supply licences);

(d)   

the standard conditions incorporated in licences under that provision

15

by virtue of section 8A of that Act;

(e)   

a document maintained in accordance with the conditions of licences

under section 7 or 7A of the Gas Act 1986 or section 6(1)(c) or (d) of the

Electricity Act 1989 or an agreement that gives effect to a document so

maintained.

20

(2)   

The power under subsection (1) may be exercised for the following purposes

only—

(a)   

in so far as the power relates to a licence under section 7 of the Gas Act

1986 or section 6(1)(c) of the Electricity Act 1989, the purpose of

preventing the holder of the licence from permanently disconnecting

25

the supply of gas or electricity to a green deal property, and

(b)   

in so far as the power relates to any licence, the purpose of requiring or

enabling the holder of the licence to take, or not to take, specified action

in connection with green deal payments.

(3)   

The provision which may be made by virtue of subsection (2)(b) includes, in

30

particular—

(a)   

if the holder of the licence is of a specified description, provision

enabling the holder to opt into or opt out of any provision made by

virtue of paragraphs (b) to (f),

(b)   

provision requiring the holder of the licence to collect green deal

35

payments through energy bills and remit them to a green deal provider,

(c)   

provision as to the circumstances in which the holder of the licence is

required to make payments to a green deal provider by reference to

green deal payments which are due but which have not been made,

(d)   

provision in connection with the cancellation or suspension of green

40

deal payments,

(e)   

provision requiring or enabling the holder of the licence to make

specified arrangements for facilitating the collection of green deal

payments, and

(f)   

provision enabling payments to be made by or to the holder of the

45

licence in respect of functions discharged in connection with green deal

payments.

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 1 — Green deal

13

 

(4)   

For the purposes of this section—

(a)   

payments are green deal payments if they are made under a green deal

plan,

(b)   

a property is a green deal property if there is a green deal plan in

respect of the property and payments are still to be made under that

5

plan, and

(c)   

references to a green deal provider include references to a person acting

on behalf of a green deal provider.

16      

Power to modify energy supply licences to make provision as to default in

green deal payments

10

(1)   

The Secretary of State may modify—

(a)   

a condition of a particular licence under section 7A(1) of the Gas Act

1986 (gas supply licences);

(b)   

the standard conditions incorporated in licences under that provision

by virtue of section 8 of that Act;

15

(c)   

a condition of a particular licence under section 6(1)(d) of the Electricity

Act 1989 (electricity supply licences);

(d)   

the standard conditions incorporated in licences under that provision

by virtue of section 8A of that Act;

(e)   

a document maintained in accordance with the conditions of licences

20

under section 7A(1) of the Gas Act 1986 or section 6(1)(d) of the

Electricity Act 1989 or an agreement that gives effect to a document so

maintained.

(2)   

The power under subsection (1) may be exercised for the purpose only of

making provision—

25

(a)   

as to the steps which are to be taken by the holder of a licence following

a bill payer’s default in making green deal payments to the holder of

the licence;

(b)   

as to the circumstances in which the holder of a licence may disconnect

the supply to a green deal property following such a default, or

30

(c)   

enabling, in specified circumstances, the holder of a licence to require

from a bill payer a deposit by way of security for green deal payments

to be made by the bill payer.

(3)   

For the purposes of this section “green deal payments” and “green deal

property” are to be read in accordance with section 15(4).

35

17      

Power to modify energy supply licences to require provision of information

(1)   

The Secretary of State may modify—

(a)   

a condition of a particular licence under section 7A(1) of the Gas Act

1986 (gas supply licences);

(b)   

the standard conditions incorporated in licences under that provision

40

by virtue of section 8 of that Act;

(c)   

a condition of a particular licence under section 6(1)(d) of the Electricity

Act 1989 (electricity supply licences);

(d)   

the standard conditions incorporated in licences under that provision

by virtue of section 8A of that Act;

45

(e)   

a document maintained in accordance with the conditions of licences

under section 7A(1) of the Gas Act 1986 or section 6(1)(d) of the

 
 

Energy Bill [HL]
Part 1 — Energy efficiency
Chapter 1 — Green deal

14

 

Electricity Act 1989 or an agreement that gives effect to a document so

maintained.

(2)   

The power under subsection (1) may be exercised for the purpose only of

requiring, at specified times, the holder of the licence to provide bill payers

with specified information in connection with their green deal plans.

5

(3)   

The power may be exercised so as to require information to be provided in a

specified form.

18      

Power to modify energy supply licences to make provision as to consumer

protection

(1)   

The Secretary of State may modify—

10

(a)   

a condition of a particular licence under section 7A(1) of the Gas Act

1986 (gas supply licences);

(b)   

the standard conditions incorporated in licences under that provision

by virtue of section 8 of that Act;

(c)   

a condition of a particular licence under section 6(1)(d) of the Electricity

15

Act 1989 (electricity supply licences);

(d)   

the standard conditions incorporated in licences under that provision

by virtue of section 8A of that Act;

(e)   

a document maintained in accordance with the conditions of licences

under section 7A(1) of the Gas Act 1986 or section 6(1)(d) of the

20

Electricity Act 1989 or an agreement that gives effect to a document so

maintained.

(2)   

The power under subsection (1) may be exercised for the purpose only of

making provision corresponding to that made by the disapplied consumer

protection legislation.

25

(3)   

For the purposes of subsection (2) provision corresponds to that made by the

disapplied consumer protection legislation if it is made for the same purpose

as the purpose for which that provision was made.

(4)   

For the purposes of this section references to the disapplied consumer

protection legislation are to the provisions of the Consumer Credit Act 1974

30

which would have applied if the amendment made by section 24 had not been

made.

19      

Powers under sections 15 to 18: consultation

(1)   

Before making a modification under any of sections 15 to 18, the Secretary of

State must consult—

35

(a)   

the holder of any licence being modified,

(b)   

the Gas and Electricity Markets Authority, and

(c)   

such other persons as the Secretary of State considers appropriate.

(2)   

Subsection (1) may be satisfied by consultation before, as well as consultation

after, the passing of this Act.

40

20      

Powers under sections 15 to 18: supplementary

(1)   

This section applies in relation to the powers under sections 15 to 18.

(2)   

The powers—

 
 

 
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