(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, other than those made by the Scottish Ministers, are to be made by statutory instrument.
(3) A statutory instrument containing regulations or an order under this Chapter is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Subsection (3) does not apply to a statutory instrument containing—
(a) regulations under section 2 or the framework regulations,
(b) regulations under section 13, 15(1), 16, 34 or 35(2), or
(c) an order under section 1, 2 or 30.
(5) A statutory instrument containing regulations or an order falling within subsection (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6) Regulations under section 10(2), 14(7) or (8) or 15(4) (regulations made by the Scottish Ministers) are subject to the negative procedure.
(7) Regulations under section 35(6) (regulations made by the Scottish Ministers) are subject to the affirmative procedure.
(8) Before making regulations or an order under this Chapter extending to Scotland, the Secretary of State must—
(a) if the regulations or order contain any provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, obtain the consent of the Scottish Ministers;
(b) in any other case, consult the Scottish Ministers.
(9) The Secretary of State must obtain the consent of the Welsh Ministers before making provision under section 35 amending or revoking—
(a) provision included in an instrument made under a Measure or Act of the National Assembly for Wales;
(b) any other subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998).
(10) Before amending under section 9 a provision of the Building Regulations 2010 (S.I. 2010/2214), the Secretary of State must, if and so far as the function under which the provision was made is exercisable by the Welsh Ministers, obtain their consent.
(11) Subsections (9) and (10) do not apply to the extent that the Secretary of State is making incidental or consequential provision.
(12) Before making regulations or an order under this Chapter applying to Wales, the Secretary of State must consult the Welsh Ministers.
(13) Subsection (12) does not apply to the extent that consent has been obtained under subsection (9) or (10).
42 Meaning of “domestic PR property” and “non-domestic PR property”: England and Wales
(1) For the purposes of this Chapter—
(a) a property is a “domestic private rented property” if, subject to subsection (2), it is let—
(i) under a tenancy which is an assured tenancy for the purposes of the Housing Act 1988,
(ii) under a tenancy which is a regulated tenancy for the purposes of the Rent Act 1977, ...
(iia) under a tenancy which is a standard contract (within the meaning given by section 8 of the Renting Homes (Wales) Act 2016 (anaw 1)) except where—
(i) the standard contract is a supported standard contract (within the meaning given by section 143 of the Renting Homes (Wales) Act 2016), or
(ii) the interest of the landlord belongs to His Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department, or
(iii) under a tenancy which is specified for the purposes of this subsection in an order made by the Secretary of State;
(b) a property is a “non-domestic private rented property” if it—
(i) is situated in England and Wales,
(ii) is let under a tenancy, and
(iii) is not a dwelling.
(2) But a property is not a domestic private rented property if—
(a) it is low cost rental accommodation within the meaning of section 69 of the Housing and Regeneration Act 2008 and the landlord is a private registered provider of social housing,
(b) it is low cost home ownership accommodation within the meaning of section 70 of that Act, ...
(c) the landlord is a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996 , or
(d) if the landlord is a community landlord (within the meaning of section 9 of the Renting Homes (Wales) Act 2016.
(3) In subsection (1)(b) “dwelling” has the meaning given by the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (S.I. 2007/991) (“the Energy Performance Regulations”).
(4) A domestic private rented property is referred to in this Chapter as a “domestic PR property”.
(5) A non-domestic private rented property is referred to in this Chapter as a “non-domestic PR property”.
(1) The Secretary of State must make regulations for the purpose of securing that a landlord of a domestic PR property—
(a) which is of such description of 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 regulations,
may not let the property until the landlord has complied with the obligation mentioned in subsection (2).
(2) The obligation is to make to the property such relevant energy efficiency improvements as are provided for by the regulations.
(3) Regulations under this section are referred to in this Chapter as “domestic energy efficiency regulations”.
(4) For the purposes of domestic energy efficiency regulations—
“energy performance certificate” has the meaning given by the Energy Performance Regulations;
“landlord” and “let the property” have the meaning given by the regulations (and “let the property” may be defined to include “continue to let the property”);
“relevant energy efficiency improvements” means improvements which—
are of such description as the regulations provide, and
can be—
wholly paid for pursuant to a green deal plan as provided for by Chapter 1 of this Part,
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 Electricity Act 1989,
wholly financed pursuant to a combination of such a plan and such an obligation, or
financed by such other description of financial arrangement as the regulations provide.
(5) The Secretary of State may by order amend the definition of “energy performance certificate” in subsection (4).
(6) The first domestic energy efficiency regulations must come into force no later than 1 April 2018.
44 Further provision about domestic energy efficiency regulations
(1) 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;
(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 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 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 relevant energy efficiency improvements within the meaning given by the regulations.
45 Sanctions for the purposes of domestic energy efficiency regulations
(1) 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 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 (b) or (c), the imposition of a civil penalty by a local authority.
(3) The amount of any civil penalty provided for by domestic energy efficiency regulations must not exceed £5,000.
(4) Where 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 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 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.
(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 energy efficiency 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 and includes an instrument made under a Measure or Act of the National Assembly for Wales.
46 Tenants' energy efficiency improvements regulations
(1) The Secretary of State must 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 (2).
(2) 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.
(3) Regulations under this section are referred to in this Chapter as “tenants' energy efficiency improvements regulations”.
(4) For the purposes of tenants' energy efficiency improvements regulations—
“landlord” and “tenant” have the meaning given by the regulations;
“relevant energy efficiency improvements” means improvements which—
are of such description as the regulations provide, and
can be—
wholly paid for pursuant to a green deal plan as provided for by Chapter 1 of this Part,
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 Electricity Act 1989,
wholly financed pursuant to a combination of such a plan and such an obligation, or
financed by such other description of financial arrangement as the regulations provide.
(5) The first tenants' energy efficiency improvements regulations must come into force no later than 1 April 2016.
47 Further provision about tenants' energy efficiency improvements regulations
(1) Tenants' energy efficiency improvements regulations may, in 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);
(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 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 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 relevant energy efficiency improvements within the meaning given by the regulations.
48 Sanctions for the purposes of tenants' energy efficiency improvements regulations
(1) Tenants' energy efficiency improvements 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 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.
(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;
(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);
(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 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;
(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;
(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;
(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.
(7) If the Secretary of State considers 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),
tenants' energy efficiency improvements 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 and includes an instrument made under a Measure or Act of the National Assembly for Wales.
(1) The Secretary of State must make regulations for the purpose of securing that a landlord of a non-domestic PR property—
(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 regulations,
may not let the property until the landlord has complied with the obligation mentioned in subsection (2).
(2) The obligation is to make to the property such relevant energy efficiency improvements as are provided for by the regulations.
(3) Regulations under this section are referred to in this Chapter as “non-domestic energy efficiency regulations”.
(4) For the purposes of non-domestic energy efficiency regulations—
“energy performance certificate” has the meaning given by the Energy Performance Regulations;
“landlord” and “let the property” have the meaning given by the regulations (and “let the property” may be defined to include “continue to let the property”);
“relevant energy efficiency improvements” means improvements which—
are of such description as the regulations provide, and
can be—
wholly paid for pursuant to a green deal plan as provided for by Chapter 1 of this Part, or
financed by such other description of financial arrangement as the regulations provide.
(5) The Secretary of State may by order amend the definition of “energy performance certificate” in subsection (4).
(6) The first non-domestic energy efficiency regulations must come into force no later than 1 April 2018.
50 Further provision about non-domestic energy efficiency regulations
(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;
(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 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 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 relevant energy efficiency improvements within the meaning given by the regulations.
51 Sanctions for the purposes of non-domestic energy efficiency regulations
(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.
(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;
(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 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;
(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.
(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;
(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 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) of the Interpretation Act 1978 and includes an instrument made under a Measure or Act of the National Assembly for 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 instrument.
(3) A statutory instrument containing an order under section 43(5) or 49(5) is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) A statutory instrument containing—
(a) an order under section 42(1)(a)(iii), or
(b) regulations under this Chapter,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(5) The Secretary of State must obtain the consent of the Welsh Ministers before making provision under this Chapter amending or revoking—
(a) provision included in an instrument made under a Measure or Act of the National Assembly for Wales;
(b) any other subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998).
(6) Subsection (5) does not apply to the extent that the Secretary of State is making incidental or consequential provision.
(7) The Secretary of State must consult the Welsh Ministers before making—
(a) domestic energy efficiency regulations, or
(b) tenants' energy efficiency improvements regulations,
which apply in relation to domestic PR properties situated in Wales.
(8) Subsection (7) does not apply to the extent that consent has been obtained under subsection (5).
54 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 under a tenancy to which Chapter 4 of Part 1 of the Housing (Scotland) Act 2006 (asp 1) 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
(iii) is not a dwelling.
(2) In subsection (1)(b) “dwelling” has the meaning given by the Energy Performance of Buildings (Scotland) Regulations 2008 (S.S.I. 2008/309) (“the Energy Performance (Scotland) Regulations”).
(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”.
55 Scottish domestic energy efficiency regulations
(1) The Scottish Ministers may make regulations for the purpose of securing that a landlord of a Scottish domestic PR property—
(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 regulations,
may not let the property until the landlord has complied with the obligation mentioned in subsection (2).
(2) The obligation is to make to the property such relevant energy efficiency improvements as are provided for by the regulations.
(3) Regulations under this section are referred to in this Chapter as “Scottish domestic energy efficiency regulations”.
(4) For the purposes of Scottish domestic energy efficiency regulations—
“energy performance certificate” has the meaning given by the Energy Performance (Scotland) Regulations;
“landlord” and “let the property” have the meaning given by the regulations (and “let the property” may be defined to include “continue to let the property”);
“relevant energy efficiency improvements” means improvements which—
are of such description as the regulations provide, and
can be—
wholly paid for pursuant to a green deal plan as provided for by Chapter 1 of this Part,
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 Electricity Act 1989,
wholly financed pursuant to a combination of such a plan and such an obligation, or
financed by such other description of financial arrangement as the regulations provide.
(5) The Scottish Ministers may by order amend the definition of “energy performance certificate” in subsection (4).
(6) Scottish domestic energy efficiency regulations may come into force no earlier than 1 April 2015.
56 Further provision about Scottish domestic energy efficiency regulations
(1) Scottish 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;
(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 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 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 relevant energy efficiency improvements within the meaning given by the regulations.
57 Sanctions for the purposes of Scottish domestic energy efficiency regulations
(1) Scottish 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 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 (b) or (c), 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.
(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 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 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 expenses.
(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 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.
58 Scottish tenants' energy efficiency improvements regulations
(1) 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 (2).
(2) 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.
(3) Regulations under this section are referred to in this Chapter as “Scottish tenants' energy efficiency improvements regulations”.
(4) For the purposes of Scottish tenants' energy efficiency improvements regulations—
“landlord” and “tenant” have the meaning given by the regulations;
“relevant energy efficiency improvements” means improvements which—
are of such description as the regulations provide, and
can be—
wholly paid for pursuant to a green deal plan as provided for by Chapter 1 of this Part,
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 Electricity Act 1989,
wholly financed pursuant to a combination of such a plan and such an obligation, or
financed by such other description of financial arrangement as the regulations provide.
(5) Scottish tenants' energy efficiency improvements regulations may come into force no earlier than 1 April 2015.
59 Further provision about Scottish tenants' energy efficiency improvements regulations
(1) Scottish tenants' energy efficiency improvements regulations may, in 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);
(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 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 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 relevant energy efficiency improvements within the meaning given by the regulations.
60 Sanctions for the purposes of Scottish tenants' energy efficiency improvements regulations
(1) Scottish tenants' energy efficiency improvements 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 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.
(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;
(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 expenses which may be awarded);
(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 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;
(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;
(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;
(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 expenses.
(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 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 under an Act of the Scottish Parliament.
61 Scottish non-domestic energy efficiency regulations
(1) 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,
(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 mentioned in subsection (2).
(2) The obligation is to make to the property such relevant energy efficiency improvements as are provided for by the regulations.
(3) Regulations under this section are referred to in this Chapter as “Scottish non-domestic energy efficiency regulations”.
(4) For the purposes of Scottish non-domestic energy efficiency regulations—
“energy performance certificate” has the meaning given by the Energy Performance (Scotland) Regulations;
“landlord” and “let the property” have the meaning given by the regulations (and “let the property” may be defined to include “continue to let the property”);
“relevant energy efficiency improvements” means improvements which—
are of such description as the regulations provide, and
can be—
wholly paid for pursuant to a green deal plan as provided for by Chapter 1 of this Part, or
financed by such other description of financial arrangement as the regulations provide.
(5) The Scottish Ministers may by order amend the definition of “energy performance certificate” in subsection (4).
(6) Scottish non-domestic energy efficiency regulations may come into force no earlier than 1 April 2015.
62 Further provision about Scottish non-domestic energy efficiency regulations
(1) Scottish 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;
(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 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 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 relevant energy efficiency improvements within the meaning given by the regulations.
63 Sanctions for the purposes of Scottish non-domestic energy efficiency regulations
(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 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 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 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;
(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.
(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;
(b) to withdraw the penalty;
(c) to vary the amount of the penalty;
(d) to award expenses.
(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), Scottish non-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 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.
(1) Regulations and orders under this Chapter may make different provision for different cases or circumstances or for different purposes.
(2) Orders under this Chapter are subject to the negative procedure.
(3) Regulations under this Chapter are subject to the affirmative procedure.
66 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 (1) (power by order to impose an obligation to achieve a carbon emissions reduction target) for “the Authority” substitute “ the Administrator ”.
(3) After subsection (2) insert—
(2A) In this section “the Administrator” means—
(a) the Authority; or
(b) if the order so provides, the Secretary of State or a specified body other than the Authority.
(4) In subsection (3) for “the Authority” substitute “ the Administrator ”.
(5) In subsection (4) for “the Authority” substitute “ (subject to any directions given under subsection (9B)) the Administrator ”.
(6) In subsection (5) (general provision that may be included in an order imposing 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;
(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 description, or
(iv) individuals or property of a specified description in specified areas or areas of a specified description;
(bc) enabling the Administrator to direct a transporter or supplier 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, 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 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, the contribution that any action makes towards meeting a carbon emissions reduction target;
;
(b) in paragraph (d) for “the Authority” substitute “ the Administrator ”;
(c) in paragraph (e)—
(i) for “the Authority” substitute “ the Administrator ”;
(ii) for sub-paragraph (ii) substitute—
(ii) if so, what contribution the proposed action (or any result of that action specified in the determination) is to make towards achieving the carbon emissions reduction target;
;
(d) in paragraph (f) for “the Authority” substitute “ the Administrator ”;
(e) after paragraph (f) insert
; and
(g) requiring the Administrator or a specified body to offer services of a specified kind and authorising a specified fee to be charged to those who take up the offer.
(7) After subsection (5) insert—
(5A) If the order makes provision by virtue of subsection (5)(bc) enabling the Administrator to direct a transporter or supplier to meet part of a carbon emissions reduction target by action relating to an individual named in the direction the order may also make provision—
(a) authorising the Administrator 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;
(b) specifying criteria in accordance with which the Administrator 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 made under paragraph (b);
(d) authorising the Administrator, 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 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.
(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
(c) both an individual of a specified description and a property of a specified description.
(8) In subsection (6) for “the Authority” substitute “ the Administrator ”.
(9) After subsection (7) insert—
(7A) The order may—
(a) make provision for any specified requirement contained in it to be treated as a relevant requirement for the purposes of this Part; or
(b) if it provides for the Administrator to be a person other than the Authority, make provision for and in connection with enabling the Administrator to enforce any requirement imposed by the order.
(7B) Provision made by virtue of paragraph (b) of subsection (7A) may, in particular, include provision corresponding to or applying (with or without modifications) any of sections 28 to 30F and section 38.
(10) In subsection (8) omit paragraph (b).
(11) After subsection (9) insert—
(9A) The order may make provision requiring the Administrator to give guidance to transporters or suppliers concerning such matters relating to the order as are specified.
(9B) The Administrator shall carry out its functions under this section in accordance with any general or specific directions given to it by the Secretary of State.
(12) For subsection (10A) substitute—
(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
(c) would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.
(13) 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 so as to alter the provision included in the earlier order by virtue of any of paragraphs (b), (ba) or (c) of subsection (5).But such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(12B) If an order under this section provides for the Administrator to be a body other than the Authority, the Secretary of State may make payments to the body of such amounts as the Secretary of State considers appropriate.
(14) In subsection (13) before the definition of “microgeneration” insert—
“home-heating cost reduction target” has the meaning given by section 33BD(2)(a);
.
(15) The reference in subsection (12A) of section 33BC of the Gas Act 1986 to paragraph (c) of subsection (5) of that section includes a reference to paragraph (c) of subsection (5) of that section before its substitution by subsection (6) of this section.
67 Promotion of reductions in carbon emissions: electricity generators, 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 (1) (power by order to impose an obligation to achieve a carbon emissions reduction target) for “the Authority” substitute “ the Administrator ”.
(3) After subsection (2) insert—
(2A) In this section “the Administrator” means—
(a) the Authority; or
(b) if the order so provides, the Secretary of State or a specified body other than the Authority.
(4) In subsection (3) for “the Authority” substitute “ the Administrator ”.
(5) In subsection (4) for “the Authority” substitute “ (subject to any directions given under subsection (9B)) the Administrator ”.
(6) In subsection (5) (general provision that may be included in an order imposing 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;
(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 description, or
(iv) individuals or property of a specified description in specified areas or areas of a specified description;
(bc) enabling the Administrator to direct a distributor or supplier 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, 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 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, the contribution that any action makes towards meeting a carbon emissions reduction target;
;
(b) in paragraph (d) for “the Authority” substitute “ the Administrator ”;
(c) in paragraph (e)—
(i) for “the Authority” substitute “ the Administrator ”;
(ii) for sub-paragraph (ii) substitute—
(ii) if so, what contribution the proposed action (or any result of that action specified in the determination) is to make towards achieving the carbon emissions reduction target;
;
(d) in paragraph (f) for “the Authority” substitute “ the Administrator ”;
(e) after paragraph (f) insert
; and
(g) requiring the Administrator or a specified body to offer services of a specified kind and authorising a specified fee to be charged to those who take up the offer.
(7) After subsection (5) insert—
(5A) If the order makes provision by virtue of subsection (5)(bc) enabling the Administrator to direct a distributor or supplier to meet part of a carbon emissions reduction target by action relating to an individual named in the direction the order may also make provision—
(a) authorising the Administrator 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;
(b) specifying criteria in accordance with which the Administrator 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 made under paragraph (b);
(d) authorising the Administrator, if it gives a direction to a distributor or supplier, to provide the distributor or supplier with information relating to the individual concerned for the purpose of assisting the distributor or supplier to comply with 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.
(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
(c) both an individual of a specified description and a property of a specified description.
(8) In subsection (6) for “the Authority” substitute “ the Administrator ”.
(9) After subsection (7) insert—
(7A) The order may—
(a) make provision for any specified requirement contained in it to be treated as a relevant requirement for the purposes of this Part; or
(b) if it provides for the Administrator to be a person other than the Authority, make provision for and in connection with enabling the Administrator to enforce any requirement imposed by the order.
(7B) Provision made by virtue of paragraph (b) of subsection (7A) may, in particular, include provision corresponding to or applying (with or without modifications) any of sections 25 to 28.
(10) In subsection (8) omit paragraph (b).
(11) After subsection (9) insert—
(9A) The order may make provision requiring the Administrator to give guidance to distributors or suppliers concerning such matters relating to the order as are specified.
(9B) The Administrator shall carry out its functions under this section in accordance with any general or specific directions given to it by the Secretary of State.
(12) For subsection (10A) substitute—
(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
(c) would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.
(13) 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 so as to alter the provision included in the earlier order by virtue of any of paragraphs (b), (ba) or (c) of subsection (5). But such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(12B) If an order under this section provides for the Administrator to be a body other than the Authority, the Secretary of State may make payments to the body of such amounts as the Secretary of State considers appropriate.
(14) In subsection (13) before the definition of “microgeneration” insert—
“home-heating cost reduction target” has the meaning given by section 41B(2)(a);
.
(15) The reference in subsection (12A) of section 41A of the Electricity Act 1989 to paragraph (c) of subsection (5) of that section includes a reference to paragraph (c) of subsection (5) of that section before its substitution by subsection (6) of this section.
(16) The power to make orders under section 41A of the Electricity Act 1989 may not be exercised so as to impose an obligation on an electricity generator that has effect after 31 December 2012.
68 Promotion of reductions in home-heating costs: gas transporters and suppliers
After section 33BC of the Gas Act 1986 (promotion of reductions in carbon emissions: gas transporters and suppliers) insert—
Promotion of reductions in home-heating costs: gas transporters and gas suppliers
33BD (1) The Secretary of State may by order impose—
(a) on each gas transporter (or each gas transporter of a specified description); and
(b) on each gas supplier (or each gas supplier of a specified description),
an obligation to achieve, within a specified period and in accordance with the order, the home-heating cost reduction target to be determined by the Administrator under the order for that transporter or supplier (and that obligation is referred to in this section as a “home-heating cost reduction obligation”).
(2) In this section—
(a) “the Administrator” means—
(i) the Authority; or
(ii) if the order so provides, the Secretary of State or a specified body other than the Authority;
(b) “home-heating cost reduction target” means a target for the promotion of measures for reducing the cost to individuals of heating their homes;
(c) “specified” means specified in the order.
(3) The power to make orders under this section may be exercised so as to impose more than one home-heating cost reduction obligation on a person in relation to the same period or to periods that overlap to any extent.
(4) Subsections (3), (5) to (8), (9A) and (10A) to (12B) of section 33BC apply to an order under this section as they apply to an order under that section, with the following modifications—
(a) for “carbon emissions reduction obligation” (in each place) substitute “ home-heating cost reduction obligation ”;
(b) for “carbon emissions reduction obligations” (in each place) substitute “ home-heating cost reduction obligations ”;
(c) for “carbon emissions reduction target” (in each place other than in paragraph (be) of subsection (5)) substitute “ home-heating cost reduction target ”;
(d) for “carbon emissions reduction targets” (in each place) substitute “ home-heating cost reduction targets ”; and
(e) omit paragraph (a) of subsection (10A).
(5) Subsections (4) and (9B) of section 33BC apply to the carrying out by the Secretary of State and the Administrator of their respective functions under this section as they apply to the carrying out by those persons of their functions under that section.
(6) No person shall be required by virtue of this section to provide any information which he could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.
69 Promotion of reductions in home-heating costs: electricity distributors and suppliers
After section 41A of the Electricity Act 1989 (promotion of reductions in carbon emissions: electricity generators, distributors and suppliers) insert—
Promotion of reductions in home-heating costs: electricity distributors and electricity suppliers
41B (1) The Secretary of State may by order impose—
(a) on each electricity distributor (or each electricity distributor of a specified description); and
(b) on each electricity supplier (or each electricity supplier of a specified description),
an obligation to achieve, within a specified period and in accordance with the order, the home-heating cost reduction target to be determined by the Administrator under the order for that distributor or supplier (and that obligation is referred to in this section as a “home-heating cost reduction obligation”).
(2) In this section—
(a) “the Administrator” means—
(i) the Authority; or
(ii) if the order so provides, the Secretary of State or a specified body other than the Authority;
(b) “home-heating cost reduction target” means a target for the promotion of measures for reducing the cost to individuals of heating their homes;
(c) “specified” means specified in the order.
(3) The power to make orders under this section may be exercised so as to impose more than one home-heating cost reduction obligation on a person in relation to the same period or to periods that overlap to any extent.
(4) Subsections (3), (5) to (8), (9A) and (10A) to (12B) of section 41A apply to an order under this section as they apply to an order under that section, with the following modifications—
(a) for “carbon emissions reduction obligation” (in each place) substitute “ home-heating cost reduction obligation ”;
(b) for “carbon emissions reduction obligations” (in each place) substitute “ home-heating cost reduction obligations ”;
(c) for “carbon emissions reduction target” (in each place other than in paragraph (be) of subsection (5)) substitute “ home-heating cost reduction target ”;
(d) for “carbon emissions reduction targets” (in each place) substitute “ home-heating cost reduction targets ”; and
(e) omit paragraph (a) of subsection (10A).
(5) Subsections (4) and (9B) of section 41A apply to the carrying out by the Secretary of State and the Administrator of their respective functions under this section as they apply to the carrying out by those persons of their functions under that section.
(6) No person shall be required by virtue of this section to provide any information which he could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.
After section 103 of the Utilities Act 2000 (overall carbon emissions reduction targets) insert—
Overall home-heating cost reduction targets
103A (1) For the purposes of the exercise of the functions of the Administrator under either or both of—
(a) section 33BD of the 1986 Act (promotion of reductions in home-heating costs: gas transporters and suppliers) and any order made under that section, and
(b) section 41B of the 1989 Act (promotion of reductions in home-heating costs: electricity distributors and suppliers) and any order made under that section,
the Secretary of State may by order specify an overall target for the promotion of measures for reducing the cost to individuals of heating their homes.
(2) The power conferred by this section may be exercised so as to specify more than one overall target in relation to the same period or to periods that overlap to any extent.
(3) Where an overall target applies in relation to both sections mentioned in subsection (1), the order specifying the target may make provision for the target to be apportioned between—
(a) persons who are gas transporters or gas suppliers (for the purposes of section 33BD of the 1986 Act and any order made under that section); and
(b) persons who are electricity distributors or electricity suppliers (for the purposes of section 41B of the 1989 Act and any order under that section),
by reference to such criteria as may be specified in the order.
(4) The Administrator shall exercise its functions under the provisions mentioned in subsection (1) in relation to which an overall target applies (and in particular its functions relating to the determination of home-heating cost reduction targets) in the manner it considers best calculated to result in the achievement of the overall target.
(5) Before making an order under this section the Secretary of State shall consult the Authority, the Council, gas transporters, gas suppliers, electricity distributors, electricity suppliers, and such other persons as the Secretary of State considers appropriate.
(6) An order under this section shall not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
71 Power of Secretary of State to require information: carbon emissions reduction targets and home-heating cost reduction targets
After section 103A of the Utilities Act 2000 insert—
Power of Secretary of State to require information: carbon emissions reduction targets and home-heating cost reduction targets
103B (1) The Secretary of State may by notice require a person within subsection (3) to provide the Secretary of State with specified information, or information of a specified kind, for the purpose of enabling the Secretary of State—
(a) to decide whether to make a carbon emissions reduction order or a home-heating cost reduction order and, if so, what provision to include in the order;
(b) to review the operation and effect of a carbon emissions reduction order or a home-heating cost reduction order;
(c) to establish and maintain a record (“a measures record”) of properties in respect of which carbon emissions reduction measures or home-heating cost reduction measures have been taken and of the type of measure taken in respect of each such property.
(2) For the purpose of enabling a person (“A”) to establish and maintain a measures record on behalf of the Secretary of State, the Secretary of State may by notice require any person within subsection (3) to provide A with specified information or information of a specified kind.
(3) Those persons are—
(a) gas transporters and gas suppliers;
(b) electricity distributors and electricity suppliers;
(c) the Authority; and
(d) any body other than the Authority that is for the time being the Administrator in relation to a carbon emissions reduction order or a home-heating cost reduction order.
(4) Information required to be provided by a notice under this section must be provided—
(a) in such form as may be specified;
(b) within such period as may be specified or at such intervals as may be specified.
(5) No person shall be required by a notice under this section to provide any information which the person could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.
(6) Information obtained by virtue of this section may be disclosed by the Secretary of State—
(a) to the Welsh Ministers for the purpose of enabling them to review the operation and effect in Wales of a carbon emissions reduction order or a home-heating cost reduction order;
(b) to the Scottish Ministers for the purpose of enabling them to review the operation and effect in Scotland of a carbon emissions reduction order or a home-heating cost reduction order.
(7) In sections 28 to 30F and section 38 of the 1986 Act (enforcement of relevant requirements etc) a reference to a “relevant requirement” is to be treated as including a reference to a requirement imposed on a gas transporter or gas supplier under this section.
(8) In sections 25 to 28 of the 1989 Act (enforcement of relevant requirements etc) a reference to a “relevant requirement” is to be treated as including a reference to a requirement imposed on an electricity distributor or electricity supplier under this section.
(9) In this section—
“a carbon emissions reduction order” means an order under—
section 33BC of the 1986 Act;
section 41A of the 1989 Act; or
section 103 of this Act;
“a home-heating cost reduction order” means an order under—
section 33BD of the 1986 Act;
section 41B of the 1989 Act; or
section 103A of this Act;
“a carbon emissions reduction measure” is a measure of a kind mentioned in subsection (2) of each of section 33BC of the 1986 Act and section 41A of the 1989 Act;
“a home-heating cost reduction measure” is a measure of a kind mentioned in subsection (2)(b) of each of section 33BD of the 1986 Act and section 41B of the 1989 Act;
“specified” means specified in a notice under this section.
(1) Section 88 of the Energy Act 2008 (power to modify licence conditions etc: smart meters) is amended in accordance with subsections (2) to (6).
(2) In subsection (1)(a) (type of licence that may be modified)—
(a) for “6(1)(c)” substitute “ 6(1)(b), (c) ”;
(b) before “distribution” insert “ transmission, ”.
(3) In subsection (3) (non-exhaustive list of modifications that may be made) after paragraph (j) insert—
(ja) provision requiring the holder of a licence to supply information to the Secretary of State or the Authority (or both) so as to enable them to assess any matter relating to the provision, installation, or operation of meters;
.
(4) In subsection (4) (further provision about the manner in which the power may be exercised) in paragraph (a) after “relation to” insert “ different areas or ”.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In subsection (6)(c) for “6(1)(c)” substitute “ 6(1)(b), (c) ”.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74 Access to register of energy performance certificates etc: England and Wales
(1) The Secretary of State may make regulations for the purpose of authorising the person keeping a register to disclose, in accordance with the provision made in the regulations, the documents or data entered onto the register.
(2) The power under subsection (1) may be exercised, in particular, to make provision—
(a) excluding a document or data, or a specified part of a document or data, from disclosure where the document or data relates to a specified description of buildings;
(b) excluding a document or data, or a specified part of a document or data, from disclosure to a specified description of persons;
(c) restricting the number of disclosures made to a specified description of persons;
(d) for a disclosure made to a specified description of persons to be subject to specified conditions;
(e) as to the sanctions for non-compliance with any condition specified by virtue of paragraph (d) (including sanctions preventing or restricting future disclosures);
(f) in consequence of any provision which is made by virtue of paragraphs (a) to (e).
(3) In subsection (1) “a register” means a register maintained under Part 6 of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (S.I. 2007/991).
(4) In subsection (2) “specified” means specified in the regulations made under this section.
(5) Regulations under this section may make different provision for different cases or circumstances or for different purposes.
(6) Regulations under this section are subject to the negative procedure.
(7) For the purposes of this section a reference to the disclosure of a document or data includes a reference to disclosure of information derived from the document or data.
75 Access to register of energy performance certificates etc: Scotland
(1) The Scottish Ministers may make regulations for the purpose of authorising or requiring the person keeping a register to disclose, in accordance with the provision made in the regulations, the documents or data entered onto the register.
(2) The power under subsection (1) may be exercised, in particular, to make provision—
(a) excluding a document or data, or a specified part of a document or data, from disclosure where the document or data relates to a specified description of buildings;
(b) excluding a document or data, or a specified part of a document or data, from disclosure to a specified description of persons;
(c) restricting the number of disclosures made to a specified description of persons;
(d) for a disclosure made to a specified description of persons to be subject to specified conditions;
(e) as to the sanctions for non-compliance with any condition specified by virtue of paragraph (d) (including sanctions preventing or restricting future disclosures);
(f) in consequence of any provision which is made by virtue of paragraphs (a) to (e).
(3) In subsection (1) “a register” means a register maintained under regulation 10 of the Energy Performance of Buildings (Scotland) Regulations 2008 (S.S.I. 2008/309).
(4) In subsection (2) “specified” means specified in the regulations made under this section.
(5) Regulations under this section may make different provision for different cases or circumstances or for different purposes.
(6) Regulations under this section are subject to the negative procedure.
(7) For the purposes of this section a reference to the disclosure of a document or data includes a reference to disclosure of information derived from the document or data.
79 Annual report by Gas and Electricity Markets Authority on security of electricity supply
Before section 47 of the Electricity Act 1989 (and after the cross-heading immediately preceding that section) insert—
Annual report by Authority on security of electricity supply
47ZA (1) The Authority must, before 1 September 2012, and before that date in every subsequent calendar year—
(a) prepare a report on the future demand for, and supply of, electricity in Great Britain, in accordance with subsection (2), and
(b) send the report to the Secretary of State.
(2) A report under subsection (1) must include, as regards each forecast period—
(a) a forecast of the peak demand for the supply of electricity to consumers in Great Britain;
(b) an assessment of different possible capacity margins for that supply, and of the degree of protection that each would provide against the risk of shortfalls in supply due to unexpected demand or unexpected loss of capacity.
(3) The forecast periods in relation to a report under subsection (1) are—
(a) each of the four calendar years immediately following the year of the report; or
(b) any other periods that the Secretary of State specifies by order.
(4) A forecast by virtue of subsection (2)(a) must be expressed as a single figure in megawatts rounded to the nearest 100 megawatts, unless the Secretary of State directs otherwise.
(5) An assessment by virtue of subsection (2)(b) must take into account, in particular—
(a) the generation of electricity;
(b) the operation of electricity interconnectors;
(c) the storage of electricity;
(d) the extent to which the available capacity of a generating station is likely to be lower than its maximum possible capacity due to routine maintenance, weather conditions or any other expected limitation on its operation;
(e) demand side response.
(6) A forecast or assessment by virtue of subsection (2) may to any extent be made by, or based on information provided by—
(a) the holder of a transmission licence;
(b) any other person.
(7) The Secretary of State may give the Authority directions regarding—
(a) the form of a report under subsection (1);
(b) the manner in which such a report must be prepared or sent;
(c) the manner in which a forecast or assessment by virtue of subsection (2) must be made or expressed (including, in particular, the method of calculation of any of the things mentioned in subsection (2)(a) or (b)).
(8) In this section—
“capacity margin” means the amount by which the peak demand for the supply of electricity is exceeded by the capacity likely to be available to meet that demand;
“consumers” includes both existing and future consumers;
“demand side response” means the cessation of, or a reduction in, the provision of electricity to a person at times of high demand, by agreement with the person.