The Electricity and Gas (Energy Company Obligation) Order 2014
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Change 1
SCHEDULE 4 DOMESTIC PREMISES WHICH ARE NOT PRIVATE DOMESTIC PREMISES
PART1 Installations completed on or before 31st March 2017 Article 16 1 (1) In relation to an installation completed on or before 31st March 2017, Domestic premises in England or Wales are not “private domestic premises” if— (a) the relevant interest in those premises is registered as belonging to a social landlord and the condition in sub-paragraph (3) is met; or (b) if no relevant interest in the premises has been registered— (i) the premises are let to the member of the affordable warmth group, or a person who lives with the member of the affordable warmth group, by a social landlord other than under a lease granted pursuant to Part V of the Housing Act 1985 ; and (ii) the condition in sub-paragraph (3) is met. (2) In relation to an installation completed on or before 31st March 2017, Domestic premises in Scotland are not “private domestic premises” if— (a) the relevant interest in the premises is registered as belonging to a social landlord and the condition in sub-paragraph (3) is met; or (b) if no relevant interest in the premises has been registered— (i) the premises are let to the member of the affordable warmth group, or a person who lives with the member of the affordable warmth group, by a social landlord other than under a lease granted pursuant to sections 61 to 84 of the Housing (Scotland) Act 1987 , as modified by section 84A of that Act ; and (ii) the condition in sub-paragraph (3) is met. (3) The condition in this sub-paragraph is that the premises are let to the member of the affordable warmth group, or a person who lives with the member of the affordable warmth group, at below the market rate. (4) In this paragraph— (a) in respect of premises in England or Wales, a relevant interest is registered if it is registered in the register of title maintained by Her Majesty's Land Registry; (b) in respect of premises in Scotland, a relevant interest is registered if it is— (i) registered in the Land Register of Scotland; or (ii) recorded in the Register of Sasines. (5) In this paragraph— “owner” includes any person who under the Land Clauses Acts would be enabled to sell and convey land to promoters of an undertaking; “relevant interest” means— in respect of premises in England or Wales— the freehold estate, unless the whole of the premises have been let under a registered lease; or the leasehold estate, unless the whole of the premises have been further let under a registered lease; in respect of premises in Scotland— the owner's interest or right, unless the whole of the premises have been further let under a registered lease; or the lessee's interest under a lease, unless the whole of the premises have been further let under a registered lease; “social landlord” means— in respect of premises in England— a local housing authority, within the meaning of section 1 of the Housing Act 1985 ; a housing association, within the meaning of section 5 of the Housing Act 1985 ; a housing trust, within the meaning of section 6 of the Housing Act 1985; or a charity, within the meaning of section 1 of the Charities Act 2011 ; in respect of premises in Scotland, a person so described in section 165 of the Housing (Scotland) Act 2010 ; and in respect of premises in Wales— a local housing authority, within the meaning of section 1 of the Housing Act 1985; a housing association, within the meaning of section 5 of the Housing Act 1985; a housing trust, within the meaning of section 6 of the Housing Act 1985; a charity, within the meaning of section 1 of the Charities Act 2011; a person listed in section 80(1) of the Housing Act 1985; or a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996 . PART2 Installations completed on or after 1st April 2017 2. (1) In relation to an installation completed on or after 1st April 2017, domestic premises in England or Wales are not “private domestic premises” if the premises are let below the market rate and— (a) the relevant interest in those premises is registered as belonging to a social landlord; or (b) if no relevant interest in the premises has been registered, the premises are let by a social landlord other than under a lease granted pursuant to Part 5 of the Housing Act 1985. (2) In relation to an installation completed on or after 1st April 2017, domestic premises in Scotland are not “private domestic premises” if the premises are let below the market rate and— (a) the relevant interest in the premises is registered as belonging to a social landlord; or (b) if no relevant interest in the premises has been registered, the premises are let by a social landlord other than under a lease granted pursuant to sections 61 to 84 of the Housing (Scotland) Act 1987, as modified by section 84A of that Act. (3) Sub-paragraphs (4) and (5) of paragraph 1 apply for the purposes of this paragraph as they apply for the purposes of paragraph 1.
SCHEDULE 4 DOMESTIC PREMISES WHICH ARE NOT PRIVATE DOMESTIC PREMISES
PART1 Installations completed on or before 31st March 2017 Article 16 1 (1) In relation to an installation completed on or before 31st March 2017, Domestic premises in England or Wales are not “private domestic premises” if— (a) the relevant interest in those premises is registered as belonging to a social landlord and the condition in sub-paragraph (3) is met; or (b) if no relevant interest in the premises has been registered— (i) the premises are let to the member of the affordable warmth group, or a person who lives with the member of the affordable warmth group, by a social landlord other than under a lease granted pursuant to Part V of the Housing Act 1985 ; and (ii) the condition in sub-paragraph (3) is met. (2) In relation to an installation completed on or before 31st March 2017, Domestic premises in Scotland are not “private domestic premises” if— (a) the relevant interest in the premises is registered as belonging to a social landlord and the condition in sub-paragraph (3) is met; or (b) if no relevant interest in the premises has been registered— (i) the premises are let to the member of the affordable warmth group, or a person who lives with the member of the affordable warmth group, by a social landlord other than under a lease granted pursuant to sections 61 to 84 of the Housing (Scotland) Act 1987 , as modified by section 84A of that Act ; and (ii) the condition in sub-paragraph (3) is met. (3) The condition in this sub-paragraph is that the premises are let to the member of the affordable warmth group, or a person who lives with the member of the affordable warmth group, at below the market rate. (4) In this paragraph— (a) in respect of premises in England or Wales, a relevant interest is registered if it is registered in the register of title maintained by Her Majesty's Land Registry; (b) in respect of premises in Scotland, a relevant interest is registered if it is— (i) registered in the Land Register of Scotland; or (ii) recorded in the Register of Sasines. (5) In this paragraph— “owner” includes any person who under the Land Clauses Acts would be enabled to sell and convey land to promoters of an undertaking; “relevant interest” means— in respect of premises in England or Wales— the freehold estate, unless the whole of the premises have been let under a registered lease; or the leasehold estate, unless the whole of the premises have been further let under a registered lease; in respect of premises in Scotland— the owner's interest or right, unless the whole of the premises have been further let under a registered lease; or the lessee's interest under a lease, unless the whole of the premises have been further let under a registered lease; “social landlord” means— in respect of premises in England— a local housing authority, within the meaning of section 1 of the Housing Act 1985 ; a housing association, within the meaning of section 5 of the Housing Act 1985 ; a housing trust, within the meaning of section 6 of the Housing Act 1985; or a charity, within the meaning of section 1 of the Charities Act 2011 ; in respect of premises in Scotland, a person so described in section 165 of the Housing (Scotland) Act 2010 ; and in respect of premises in Wales— a local housing authority, within the meaning of section 1 of the Housing Act 1985; a housing association, within the meaning of section 5 of the Housing Act 1985; a housing trust, within the meaning of section 6 of the Housing Act 1985; a charity, within the meaning of section 1 of the Charities Act 2011; a person listed in section 80(1) of the Housing Act 1985; or a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996 . PART2 Installations completed on or after 1st April 2017 2. (1) In relation to an installation completed on or after 1st April 2017, domestic premises in England or Wales are not “private domestic premises” if the premises are let below the market rate and— (a) the relevant interest in those premises is registered as belonging to a social landlord; or (b) if no relevant interest in the premises has been registered, the premises are let by a social landlord other than under a lease granted pursuant to Part 5 of the Housing Act 1985. (2) In relation to an installation completed on or after 1st April 2017, domestic premises in Scotland are not “private domestic premises” if the premises are let below the market rate and— (a) the relevant interest in the premises is registered as belonging to a social landlord; or (b) if no relevant interest in the premises has been registered, the premises are let by a social landlord other than under a lease granted pursuant to sections 61 to 84 of the Housing (Scotland) Act 1987, as modified by section 84A of that Act. (3) Sub-paragraphs (4) and (5) of paragraph 1 apply for the purposes of this paragraph as they apply for the purposes of paragraph 1.
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