Regulation 7 Updating of disclosure document

After regulation 42 insert—

“CHAPTER 1A

Updating of disclosure document

Circumstances in which green deal information in disclosure document must be updated

42A.

(1)

For the purposes of section 11(6)^f1, the circumstances in which disclosure document data are required to be updated or further updated in accordance with regulation 42B are where—

(a)

any of the matters described in paragraph (2) occur; and

(b)

the green deal information lodged on the EPC register becomes inaccurate in consequence of that matter occurring.

(2)

The matters referred to in paragraph (1)(a) are—

(a)

the interest rate under a green deal plan changes;

(b)

the green deal instalments change;

(c)

the liability to make payments under a green deal plan is discharged early in part or in full;

(d)

the liability of the bill payer and the liability of a subsequent bill payer to make payments under a green deal plan is reduced or cancelled;

(e)

the green deal provider knows or has reasonable cause to believe that—

(i)

an improvement has been removed from a green deal property before the end of the improvement-specific payment period applicable to that improvement; or

(ii)

an alteration has been made to a green deal property which, had it existed when the estimated first year savings were calculated, would have materially affected that calculation;

(f)

the green deal plan becomes a regulated consumer credit agreement;

(g)

the green deal provider changes;

(h)

the contact details of the green deal provider change.

(3)

For the purposes of this regulation, green deal information lodged on the EPC register is inaccurate if it does not meet the requirements of the Energy Performance Regulations.

(4)

In paragraph (2)(h), “contact details” means one or more of the following—

(a)

postal address;

(b)

electronic mail address;

(c)

telephone number.

Requirement to update green deal information in disclosure document

42B.

(1)

Where disclosure document data are required to be updated or further updated under regulation 42A, the green deal provider must secure that the green deal information lodged on the EPC register is replaced by green deal information which meets the requirements of the Energy Performance Regulations.

(2)

The requirement in paragraph (1) must be satisfied within 14 days of a matter described in regulation 42A(2) occurring.

Updating of disclosure document where the green deal provider is no longer authorised

42C.

Where, at the time the requirement under regulation 42A(1) arises, the person named as the green deal provider under the green deal plan is not authorised as such a provider, any reference to the green deal provider in regulations 42A and 42B is to be read instead as a reference to the person who is for the time being entitled under the plan to receive the green deal instalments.”.