The Energy Performance of Buildings (Scotland) Amendment Regulations 2013

Made: 22nd January 2013

Laid before the Scottish Parliament: 23rd January 2013

Coming into force: 27th January 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[^f00001] and sections 10 and 75 of the Energy Act 2011[^f00002] and all other powers enabling them to do so.

Citation and commencement

1

These Regulations may be cited as the Energy Performance of Buildings (Scotland) Amendment Regulations 2013 and come into force on 27thJanuary 2013.

Amendment of the Energy Performance of Buildings (Scotland) Regulations2008

2

The Energy Performance of Buildings (Scotland) Regulations2008[^f00003] are amended in accordance with regulations3 to 11.

Interpretation

3

• (1) In regulation2 (interpretation)—

• (a) in the definition of “energy performance data” after “report” insert “and for the purposes of regulations11 to 14 includes the report reference number relating to that energy performance certificate”;

• (b) after the definition of “Framework Regulations” insert—

• “green deal information” means the information relating to a green deal plan specified in Schedule 2;

• (c) after the definition of “green deal plan” insert—

• “green deal property” means a property in respect of which there is a green deal plan and payments are still to be made under that green deal plan;
• “green deal provider” means a person who is authorised by the Secretary of State in accordance with Part 2 of the Framework Regulations to act as a green deal provider;

• (d) for the definition of “green deal relevant person” substitute—

• “green deal relevant person” means— a green deal provider; or a person who is authorised as a green deal assessor certification body in accordance with Part 2 of the Framework Regulations;

; and

• (e) after the definition of “owner” insert—

• “payment period” has the meaning given in regulation 2(1) of the Framework Regulations;

Energy performance certificates

4

In regulation6 (energy performance certificates)—

• (a) in paragraph (1)(e) after “unit” insert “or produced from data entered on a register following a request for disclosure of that certificate made by virtue of regulation 12”;

• (b) after paragraph (1) insert—

(1A) Where the building or building unit to which the energy performance certificate relates is a green deal property the energy performance certificate must (in addition to the information specified in paragraph (1)(a) to (d)) contain a statement that green deal information relating to that building or building unit is contained in the recommendations report.

• (c) for paragraph (2) substitute—

(2) An energy performance certificate and the related recommendations report cease to be valid— (a) for the purposes of complying with the green deal disclosure obligations, on expiry of the period of one year from the date on which the document was issued or from the date on which it was produced from a register by virtue of regulation 12, as the case may be; (b) for all other purposes, on the expiry of a period of 10years from the date on which the document was issued.

; and

• (d) after paragraph (6) insert—

(7) In this regulation, “green deal disclosure obligations” means the obligations to provide an energy performance certificate and recommendations report by virtue of section 12 of the Energy Act 2011 and Part 7 of the Framework Regulations.

Recommendations report

5

In regulation6A (recommendations report)—

• (a) in paragraph (1)—

• (i) omit “and” following sub-paragraph (a); and

• (ii) at the end of sub-paragraph (b) insert—

; and (c) where the building or building unit to which the recommendation report relates is a green deal property, green deal information for every green deal plan in respect of that building or building unit

• (b) in paragraph (2) after “unit” insert “or green deal information”; and

• (c) after paragraph (2) insert—

(3) A recommendations report must not contain any information relating to a green deal plan for which the payment period has finished.

Registration of green deal information

6

In regulation 10 (registration of energy performance data)—

• (a) in paragraph (5)(b) before “must” insert “subject to paragraph (5A),”; and

• (b) after paragraph (5) insert—

(5A) Green deal information entered on the register may be altered where that information is updated or further updated by the green deal provider in accordance with the Framework Regulations.

Disclosures generally

7

In regulation 11 (disclosures generally) for “regulation12 or 13” substitute “or required to do so by regulations12 to 14A”.

Disclosure of data relating to a particular green deal property

8

After regulation 12A(2)(b) (disclosure of data relating to a particular building or building unit) insert—

(ba) the data does not include any— (i) green deal information; or (ii) information revealing the report reference number relating to an energy performance certificate for a green deal property;

Disclosures of bulk access data

9

After regulation 13(2)(c) (disclosure of bulk access data) insert—

(ca) the data does not include any— (i) green deal information; or (ii) information revealing the report reference number relating to an energy performance certificate for a green deal property;

Disclosure of green deal information

10

After regulation 14 (disclosure of data) insert—

(14A) (1) The keeper of a register must when requested to do so disclose green deal information— (a) to an enforcement authority for the purposes of their duty to enforce these Regulations; or (b) to the Secretary of State, a person acting on behalf of the Secretary of State or the Green Deal Ombudsman for the purpose of enabling that person to carry out any function under or in connection with Part 8 of the Framework Regulations. (2) In this regulation, “Green Deal Ombudsman” has the meaning given in regulation2(1) of the Framework Regulations.

Information relating to green deal properties

11

After Schedule1 (disclosure of data) insert Schedule2 as set out in the Schedule to these Regulations.

SCHEDULE

Signed

DEREK MACKAY — Authorised to sign by the Scottish Ministers — 22nd January 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Energy Performance of Buildings (Scotland) Regulations 2008 (“the 2008 Regulations”).

Part 1 of the Energy Act 2011 contains provisions relating to the green deal which will enable arrangements to be made by the occupier or owner of a property to make energy efficiency improvements to the property by way of a green deal plan. In terms of sections 8 and 12 of the Energy Act 2011 and the Green Deal Framework (Disclosure, Acknowledgement, Redress etc.) Regulations 2012 (SI 2012/2079) the documents to be produced by a green deal provider after improvements have been installed and to be provided to a prospective purchaser or tenant of a property on the sale of lease of the property are the energy performance certificate and recommendations report for the property produced under the 2008 Regulations. These Regulations amend the 2008 Regulations to require information relating to a green deal plan to be included in the energy performance certificate and recommendations report and make provisions as to the disclosure of that information.

Regulation 3 amends existing definitions and inserts a number of new definitions into regulation 2 of the 2008 Regulations.

Regulation 4 amends regulation 6 of the 2008 Regulations as it applies to a property where there is a green deal plan (“a green deal property”). The amendments made require an energy performance certificate produced under the 2008 Regulations for a green deal property to include a statement that information relating to a green deal plan (“green deal information”) is contained in the related recommendations report. Regulation 4 also amends regulation 6 of the 2008 Regulations to make provision relating to the validity of energy performance certificates and recommendation reports relating to a green deal property. Regulation 5 amends regulation 6A of the 2008 Regulations to require green deal information to be included in the recommendations report. Regulation 11 inserts a new Schedule 2 into the 2008 Regulations which specifies the green deal information to be included.

Regulation 6 amends regulation 10 of the 2008 Regulations to allow for the inclusion of the green deal information on a register maintained under the 2008 Regulations and to enable that green deal information to be updated.

Regulations 7 to 10 amend regulations 11, 12A and 13 of the 2008 Regulations and insert a new regulation 14A to ensure that information about green deal plans is only disclosed by the keeper of a register in appropriate circumstances.

Footnotes

[^f00001]: 1972 c.68. Section2(2) was amended by the Scotland Act1998 (c.46) (“the 1998Act”), Schedule8, paragraph 15(3) (which was amended by section27(4) of the Legislative and Regulatory Reform Act2006 (c.51) (“the 2006Act”)). Section2(2) was also amended by section27(1)(a) of the 2006Act and by the European Union (Amendment) Act2008 (c.7), Schedule, Part1. The functions conferred upon the Minister of the Crown under section2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section53 of the 1998Act.

[^f00002]: 2011 c.16.

[^f00003]: S.S.I.2008/309 as amended by S.S.I.2008/389, 2012/190, 2012/208 and 2012/315 .

[^f00004]: 1974 c.39.

[^f00005]: 1974 c.39 as amended by section 2(1) of the Consumer Credit Act 2006 (c.14).