Regulation 2 Amendment of the Energy Performance of Buildings (Scotland) Regulations 2008

The Energy Performance of Buildings (Scotland) Regulations 2008^f1 are amended in accordance with paragraph (2).

For regulations 10 (registration of energy performance data) and 10A (fees for entering data onto register) substitute—

“Registration of energy performance data

10.

(1)

There must be one or more registers of energy performance data from which the following documents may be produced—

(a)

an energy performance certificate, and

(b)

a recommendations report.

(2)

Each register referred to in paragraph (1) shall be maintained by a keeper.

(3)

A register may be maintained for different purposes or for different classes of buildings or building units.

(4)

Where a member of an approved organisation issues any document referred to in paragraph (1)(a) or (b), that person must ensure that the energy performance data relating to that document is sent to the relevant register before the document is issued.

(5)

Any energy performance data entered onto a register—

(a)

must be registered under a unique reference, and

(b)

subject to paragraph (6), must not be altered once registered.

(6)

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.

(7)

Any energy performance data entered onto a register must be kept on the register for a period of at least 10 years beginning on the date on which it is entered onto the register.

Fees for entering data onto register

10A.

(1)

Subject to paragraph (2), the keeper of a register may charge the following fees for entering data onto the register—

(a)

for entering data from which an energy performance certificate and recommendations report which relate to a dwelling may be produced, a fee of £6.00,

(b)

for entering data from which an energy performance certificate and recommendations report which relate to a building or building unit other than a dwelling may be produced, a fee of £15.50.

(2)

Paragraph (1) only applies where the keeper of a register is a Scottish public authority.

(3)

In this regulation “Scottish public authority” has the same meaning as in section 12 (interpretation) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021^f2.”.