The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013

Made: 9th January 2013

Laid before Parliament: 11th January 2013

Coming into force: 27th January 2013

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 9[^f00002], 40(1) and 74 of the Energy Act 2011.

PART 1 — Introduction

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 and come into force on 27th January 2013.

• (2) In these Regulations—

• “the 2010 Regulations” means the Building Regulations 2010[^f00003]; and

• “the 2012 Regulations” means the Energy Performance of Buildings (England and Wales) Regulations 2012[^f00004].

Amendment of regulations

2

These Regulations amend the 2010 Regulations and the 2012 Regulations.

PART 2 — Amendments to the 2010 Regulations

Amendments to the 2010 Regulations

3

The 2010 Regulations are amended in accordance with regulations 4 to 6.

Amendments to regulation 2

4

• (1) In regulation 2 (interpretation), paragraph (1) is amended as follows.

• (2) After the definition of “the Act” insert—

• “Green Deal Framework Regulations” means the Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012[^f00005];

• (3) After the definition of “full plans” insert—

• “green deal disclosure obligations” means the obligations to provide an energy performance certificate in section 12 of the Energy Act 2011[^f00006] and Part 7 of the Green Deal Framework Regulations;
• “green deal property” has the meaning given in section 12(5)(b) of the Energy Act 2011;

• (4) After the definition of “microgeneration” insert—

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

Amendments to regulation 29

5

• (1) Regulation 29 (energy performance certificates)[^f00007] is amended as follows.

• (2) In paragraph (4), after sub-paragraph (d) insert—

(e) where it relates to a building which is a green deal property, include the information specified in Schedule 4A in connection with each green deal plan that has been entered into in respect of that green deal property and for which payments are still to be made under that plan.

• (3) After paragraph (9) insert—

(9A) An energy performance certificate is only valid for the purposes of complying with the green deal disclosure obligations if it was— (a) issued by an energy assessor; or (b) produced under regulation 30 of the Energy Performance of Buildings (England and Wales) Regulations 2012[^f00008] pursuant to a request for the disclosure of general access data relating to a green deal property, no more than twelve months before the date on which the energy performance certificate is provided in connection with those obligations.

• (4) After paragraph (10) insert—

(11) An energy performance certificate must not contain any information relating to a green deal plan for which the payment period has finished. (12) In this regulation, “green deal plan” has the meaning given in section 1 of the Energy Act 2011.

Green deal information – 2010 Regulations

6

After Schedule 4, insert Schedule 4A as set out in Schedule 1 to these Regulations.

PART 3 — Amendments to the 2012 Regulations

Amendments to the 2012 Regulations

7

The 2012 Regulations are amended in accordance with regulations 8 to 14.

Amendments to regulation 2

8

• (1) In regulation 2 (interpretation), paragraph (1) is amended as follows.

• (2) Before the definition of “accreditation scheme” insert—

• “Green Deal Framework Regulations” means the Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012[^f00009];

• (3) After the definition of “general access data” insert—

• “green deal disclosure obligations” means the obligations to provide an energy performance certificate in section 12 of the Energy Act 2011[^f00010] and Part 7 of the Green Deal Framework Regulations;
• “green deal information” means the information about a green deal plan that is required by regulation 9(1)(ea) to be included in an energy performance certificate for a green deal property;

• (4) After the definition of “green deal plan” insert—

• “green deal property” has the meaning given in section 12(5)(b) of the Energy Act 2011;

• (5) For the definition of “green deal relevant person” substitute—

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

• (6) After the definition of “operational rating” insert—

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

Amendments to regulation 9

9

• (1) Regulation 9 (energy performance certificates) is amended as follows.

• (2) In paragraph (1)(e)(iv) omit “and”.

• (3) After paragraph (1)(e) insert—

(ea) where it relates to a building or a building unit which is a green deal property, include the information specified in Schedule A1 in connection with each green deal plan that has been entered into in respect of that green deal property and for which payments are still to be made under that plan; and

• (4) In paragraph (1)(f), after “valid” insert “for the purposes of this Part”.

• (5) After paragraph (2) insert—

(2A) An energy performance certificate is only valid for the purposes of complying with the green deal disclosure obligations if it was— (a) issued by an energy assessor; or (b) produced under regulation 30 pursuant to a request for the disclosure of general access data relating to a green deal property, no more than twelve months before the date on which the energy performance certificate is provided in connection with those obligations.

• (6) After paragraph (3) insert—

(3A) An energy performance certificate must not contain any information relating to a green deal plan for which the payment period has finished.

Amendments to regulation 27

10

• (1) Regulation 27 (registration of certificates etc) is amended as follows.

• (2) After paragraph (2) insert—

(2A) Where an energy assessor issues an energy performance certificate relating to a green deal property, the data which the assessor must ensure is entered onto the relevant register in accordance with paragraph (2) includes the green deal information relating to that property.

• (3) In paragraph (4)(b), before “shall” insert “subject to paragraph (4A)”.

• (4) After paragraph (4) insert—

(4A) The green deal information entered onto the relevant register in respect of a green deal property may be altered in accordance with provision made under section 11(6) of the Energy Act 2011.

Amendments to regulation 30

11

• (1) Regulation 30 (disclosure of general access data) is amended as follows.

• (2) In paragraph (1), after “data” insert “which does not relate to a building or a building unit that is a green deal property”.

• (3) After paragraph (2) insert—

(2A) The keeper of the register may disclose general access data which relates to a building or a building unit which is a green deal property to— (a) any person if the conditions in paragraph (2)(a), (b)(iii), (c) and (d) are met; (b) a person who is acting on behalf of another person— (i) who is or may be required to comply with the green deal disclosure obligations; or (ii) to whom an energy performance certificate is required to be provided pursuant to the green deal disclosure obligations, if the conditions in paragraph (2)(a), (b)(i) or (ii), (c) and (d) are met.

Amendments to regulation 31

12

• (1) In regulation 31 (disclosure of bulk access data), paragraph (2) is amended as follows.

• (2) In sub-paragraph (e) omit “and”.

• (3) After “Schedule” in paragraph (f), insert—

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

Amendment to regulation 32

13

In regulation 32 (disclosure by keeper of register), after paragraph (2) insert—

(3) The keeper of the register may disclose general access data or bulk access data to— (a) the Secretary of State; (b) a person acting on behalf of the Secretary of State; or (c) 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 Green Deal Framework Regulations. (4) In this regulation, “Green Deal Ombudsman” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations.

Green deal information – 2012 Regulations

14

Before Schedule 1, insert Schedule A1 as set out in Schedule 2 to these Regulations.

SCHEDULE 1 — Green deal information – Amendment to the 2010 Regulations

SCHEDULE 2 — Green deal information – amendment to the 2012 Regulations

Signed

Greg Barker — Minister of State — Department of Energy and Climate Change — 9th January 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations, which apply to England and Wales, amend the Building Regulations 2010 (S.I. 2010/2214) (“the Building Regulations”) and the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118) (“the Energy Performance of Buildings Regulations”) in connection with the green deal energy efficiency scheme (“the green deal scheme”) created by Chapter 1 of Part 1 of the Energy Act 2011 (c.16.) (“the Act”).

Part 1 Regulation 1 provides for the commencement of these Regulations and defines terms that are used in the Regulations.

Part 2 This Part makes amendments to the Building Regulations. Regulation 4 inserts a number of new definitions in regulation 2 of the Building Regulations relating to the green deal scheme. Regulation 5 amends regulation 29 of the Building Regulations and regulation 6 inserts a new schedule in those Regulations so that energy performance certificates which are produced under those Regulations and relate to a property where there is a green deal plan are required to include certain information about that plan. Regulation 5 also inserts into regulation 29 provisions relating to the validity of energy performance certificates containing green deal information when those certificates are being used to comply with the green deal disclosure obligations contained in section 12 of the Act and Part 7 of the Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012 (S.I. 2012/2079) (“the Green Deal Framework Regulations”).

Part 3 This Part makes amendments to the Energy Performance of Buildings Regulations. Regulation 8 inserts a number of new definitions in regulation 2 of the Energy Performance of Buildings Regulations relating to the green deal scheme. Regulation 9 amends regulation 9 of the Energy Performance of Buildings Regulations and regulation 14 insert a new schedule in those Regulations so that energy performance certificates which are produced under those Regulations and relate to a property where there is a green deal plan are required to include certain information about that plan. Regulation 9 also inserts into regulation 9 provisions relating to the validity of energy performance certificates containing green deal information when those certificates are being used to comply with the green deal disclosure obligations referred to above. Regulation 10 amends regulation 27 of the Energy Performance of Buildings Regulations to ensure that green deal information is added to the EPC register and to allow for the replacement of the green deal information stored on the EPC register when an update to that information is required pursuant to provision made under section 11(6) of the Act. Regulations 11 to 13 amend regulations 30 to 32 of the Energy Performance of Buildings Regulations to ensure that information about green deal plans is only disclosed by the keeper of the EPC register in appropriate circumstances. A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. However, this instrument forms part of a series of instruments which establish the green deal energy efficiency scheme. A full regulatory impact assessment of the effect that that scheme will have on the costs of business and the voluntary sector is available from the Green Deal Legislation Team, Department of Energy and Climate Change at 3 Whitehall Place, London SW1A 2AW and is published alongside the Framework Regulations on www.legislation.gov.uk.

Footnotes

[^f00001]: 2011 c.16.

[^f00002]: Section 9 of the Energy Act 2011 enables the Secretary of State to amend the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (S.I. 2007/991). S.I. 2007/991 was revoked and replaced by the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118) with effect from 9th January 2013.

[^f00003]: S.I. 2010/2214; relevant amending instruments are S.I. 2012/809 and 2012/3119.

[^f00004]: S.I. 2012/3118.

[^f00005]: S.I. 2012/2079, amended by S.I. 2012/3021.

[^f00006]: 2011 c.16.

[^f00007]: Regulation 29 was amended by S.I. 2012/809, regulation 11(1) and S.I. 2012/3119, regulation 18.

[^f00008]: S.I. 2012/3118.

[^f00009]: S.I. 2012/2079, amended by S.I. 2012/3021.

[^f00010]: 2011 c.16.

[^f00011]: 1974 c.39; section 8 was amended by the Consumer Credit Act 2006 (c.14), sections 2(1)(a), 2(1)(b), 5(1) and Schedule 4, and S.I. 2008/2826, article 3(2).

[^f00012]: 1974 c.39; section 8 was amended by the Consumer Credit Act 2006 (c.14), sections 2(1)(a), 2(1)(b), 5(1) and Schedule 4, and S.I. 2008/2826, article 3(2).