Session 2010-11
Other Public Bills before Parliament
Bill Home Page

Energy Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT

After Clause 39

LORD BEST

BARONESS MADDOCK

Insert the following new Clause—

“Domestic minimum standard regulations

Power to make domestic minimum standard regulations

(1) The Secretary of State shall make regulations for the purpose of securing that a landlord of a domestic PR property which falls below a minimum standard of energy efficiency (as demonstrated by the energy performance certificate) as is provided for by the regulations shall not let or market the property until such time as the landlord can demonstrate that the property meets the minimum standard for a domestic PR property.

(2) Regulations under this section are referred to in this Chapter as “domestic minimum standard regulations”.

(3) For the purposes of domestic minimum standard regulations—

“energy performance certificate” has the meaning given by the Energy Performance Regulations;

“landlord” and “local authority” have the meaning given by the regulations; and

“minimum energy efficiency standard” means Band E or above expressed in accordance with Regulation 11(1)(a) of the Energy Performance Regulations or above (or any higher level set in accordance with subsection (5)).

(4) The Secretary of State may by order amend the definition of “energy performance certificate” in subsection (3).

(5) The Secretary of State shall, no later than 31 December 2019, amend the regulations to raise the minimum energy efficiency standard.

(6) Domestic minimum standard regulations shall come into force no later than 1 January 2016.”

LORD BEST

BARONESS MADDOCK

Insert the following new Clause—

“Further provision about domestic minimum standard regulations: England and Wales

(1) Domestic minimum standard regulations may in particular include provisions about—

(a) exemptions from any requirement imposed by or under the regulations;

(b) the making of an order by the Secretary of State to suspend the regulations for periods not exceeding one calendar year within any local authority area, provided the Secretary of state—

(i) is satisfied in respect of every calendar year in which there is suspension of the regulations that there is evidence that the regulations have resulted in a significant shortage in the supply of domestic PR property in that local authority area; and

(ii) publishes the order and the reasons it was made and the evidence on which it was based.

(2) Provision falling within subsection (1)(a) includes, in particular, provision about exemptions relating to any necessary permissions or consents.”

Insert the following new Clause—

“Sanctions for the purposes of domestic minimum standard regulations: England and Wales

(1) Domestic minimum standard regulations shall include in particular provisions for the purpose of securing compliance with requirements imposed on landlords by or under the regulations including granting powers to local authorities to carry out relevant energy efficiency works to domestic PR properties under the regulations and recover the costs from the landlord.

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

(a) for a local 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;

(c) about the sanctions for the provision of false information in connection with such a requirement; including in cases falling within paragraph (a) or (b), the imposition of a civil penalty by a local authority.

(3) The regulations will make provision for a civil penalty not exceeding £10,000 to be imposed on any person who markets or lets a domestic PR property which does not meet the minimum standard regulations on or after 1 January 2016.

(4) The regulations must also include provision for a right of appeal to a court or tribunal against the imposition of the civil 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 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 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 the court or tribunal to which the 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.

(7) If the Secretary of State considers it appropriate for the purpose of, or in consequence of, any provision falling within subsection (5)(a), (c), (e) or (f), domestic minimum standard regulations may revoke or amend any subordinate legislation in so far as the subordinate legislation extends to England and Wales.

(8) In this section “subordinate legislation” has the meaning given in section 21(1) of the Interpretation Act 1978.”