Explanatory note

These Regulations amend the Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012 (S.I. 2012/2079) (“the Framework Regulations”).

Regulation 3 inserts a number of new definitions in regulation 2 of the Framework Regulations in relation to the new provisions regarding the updating of the disclosure document inserted by regulation 7 and amends the definition of accredited installer certification body.

Regulations 4 and 5 amend the reporting requirements for green deal certification bodies and green deal providers in regulations 19 and 24 of the Framework Regulations.

Regulation 6 amends the definition of “first year instalments” in regulation 30 of the Framework Regulations.

Regulation 7 inserts new regulations 42A, 42B and 42C in Part 7 of the Framework Regulations. These new regulations require information about a green deal plan stored on the EPC Register to be updated in certain circumstances.

Regulation 8 amends regulation 52 of the Framework Regulations to enable the Secretary of State to impose a sanction following a complaint about a breach of the relevant requirements by a green deal certification body, on receipt of information from the green deal certification body or a local weights and measures authority, or following a failure by an authorised person to provide information required under regulation 86.

Regulation 9 amends regulation 57 of the Framework Regulations so that it applies in relation to complaints about a breach of the relevant requirements by a green deal provider or a green deal installer, but not a green deal assessor.

Regulation 10 inserts a new regulation 57A, which applies in relation to complaints about breaches of the relevant requirements by a green deal assessor.

Regulation 11 amends regulation 59 of the Framework Regulations, to provide that an ombudsman can refer an eligible complaint to the Secretary of State if the remedies available under that ombudsman’s scheme are not adequate. It also makes new provision regarding the referral to the Secretary of State of an eligible complaint in respect of a breach of the relevant requirements by a green deal assessor.

Regulation 12 inserts a new regulation 60A, which provides that complaints in respect of a breach of the relevant requirements by a green deal certification body can be made to the Secretary of State.

Regulation 13 amends regulation 62 of the Framework Regulations by substituting a revised regulation describing the circumstances in which there will be a breach of the disclosure and acknowledgment provisions.

Regulation 14 amends regulation 63 so that a failure by a green deal provider to update a disclosure document in accordance with regulation 42B of the Framework Regulations (inserted by regulation 8) amounts to a breach of the relevant requirements.

Regulation 15 amends regulation 65 of the Framework Regulations to substitute “must” for “may” in paragraph (2)(a) and “may” for “must” in paragraph (2)(b).

Regulation 16 amends the sanctions provisions in regulation 66 of the Framework Regulations so as to require the Secretary of State to have regard to various matters when deciding whether to impose a sanction under regulation 66(2).

Regulations 17 and 18 amend the sanctions provisions in regulations 67 and 68 of the Framework Regulations so that the Secretary of State can impose reduction or cancellation if the bill payer is likely to suffer substantive loss.

Regulation 19 provides for the replacement of Schedule 2 to take account of the new monthly reporting requirements established by regulations 4 and 5.

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 amends the Framework Regulations, which are one of a number of statutory 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.