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The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2012, ISBN 9780111525227

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 40(5) of the Energy Act 2011 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972, for approval by resolution of each House of Parliament.

Energy Conservation

Made 2012

Coming into force in accordance with regulation 1

A draft of this instrument has been laid before Parliament in accordance with section 40(5) of the Energy Act 2011f1and paragraph 2(2) of Schedule 2 to the European Communities Act 1972f2 and approved by a resolution of each House of Parliament.

To the extent required by section 40(8)(a) of the Energy Act 2011, the Scottish Ministers have given consent and in accordance with section 40(8)(b) they have been consulted.

The Welsh Ministers have been consulted in accordance with section 40(12) of the Energy Act 2011.

The Secretary of State has laid a report before Parliament in accordance with section 38 of the Energy Act 2011.

The Secretary of State is a Minister designatedf3 for the purposes of section 2(2) of the European Communities Act 1972f4 in relation to services in the internal market.

Accordingly, the Secretary of State makes the following Regulations, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and the following sections of the Energy Act 2011—

  1. (a)

    section 2(9) and (10);

  2. (b)

    section 3(1), (3) and (5) to (9);

  3. (c)

    section 4(1), (4), (5), (8) and (9);

  4. (d)

    section 5(1), (3) and (5);

  5. (e)

    section 6(1), (2), (4) and (5);

  6. (f)

    section 8(3) and (4);

  7. (g)

    section 13(1) and (2);

  8. (h)

    section 15(1) and (2);

  9. (i)

    section 16(1) and (2);

  10. (j)

    section 34(1) and (2);

  11. (k)

    section 35(2) to (4);

  12. (l)

    section 40(1).

Annotations to the whole text

Footnotes

f1

2011 c.16.

f2

1972 c.68; paragraph 2(2) of Schedule 2 was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), sections 27(2)(a) and 33.

f3

S.I. 2009/221.

f4

Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1), and by the European Union (Amendment) Act 2008 (c.7), section 3(3) and Schedule, Part 1. Under section 57(1) of the Scotland Act 1998 (c.46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland.

Contents

  1. Part 1: Introduction
  2. Chapter 1: Citation, commencement and general interpretation
  3. 1Citation and commencement
  4. 2Interpretation – general
  5. 3Notices
  6. Chapter 2: Interpretation – sections 2(9), 2(10) and 3(9)
  7. 4Definitions under section 2(9)
  8. 5Definition of “energy bill” for the purpose of section 4(4) and Part 5
  9. 6The bill payer where there is no supply of electricity to a green deal property
  10. 7Definitions of qualifying assessment under section 3(9)
  11. Part 2: Authorisation, registers and code of practice
  12. 8Authorisation of green deal certification bodies and green deal participants
  13. 9Registers of green deal certification bodies and green deal participants
  14. 10Code of practice
  15. Part 3: Applications for authorisation
  16. 11Green deal assessor certification bodies
  17. 12Determination of applications and entry on the register
  18. 13Green deal installer certification bodies
  19. 14Determination of applications and entry on the register
  20. 15Green deal providers
  21. 16Determination of applications and entry on the register
  22. 17Voluntary withdrawal of authorisation of green deal provider
  23. 18Refusal of an application
  24. Part 4: Requirements which apply to green deal certification bodies and green deal participants
  25. Chapter 1: Requirements which apply to green deal certification bodies
  26. 19Requirements which apply to green deal certification bodies
  27. 20Changes to a membership list – update to registers
  28. 21Cessation of accreditation – update to registers
  29. Chapter 2: Requirements which apply to green deal assessors and green deal installers
  30. 22Requirements which apply to green deal assessors
  31. 23Requirements which apply to green deal installers
  32. Chapter 3: Requirements which apply to green deal providers
  33. 24Requirements which apply to green deal providers
  34. 25Notifications concerning consumer credit
  35. 26Ensuring energy plans are green deal plans and that instalments can be collected on energy bills
  36. Part 5: Estimates of savings and conditions relating to the plan
  37. Chapter 1: Estimates to be made by the green deal provider
  38. 27Estimates of likely energy bill savings
  39. 28Estimating the period over which savings are likely to be made
  40. Chapter 2: Conditions as to the amount of instalments and period of the plan, the terms of the plan and other matters
  41. 29Conditions to be met for energy plans to be green deal plans
  42. 30Instalments not to exceed savings
  43. 31Payment period not to exceed savings period
  44. 32Domestic properties – fixed interest rate
  45. 33Improvement-specific instalments – exceptions to fixed amount
  46. 34No restriction on change of gas or electricity supplier
  47. 35Guarantees to be given by green deal providers
  48. 36Condition as to other matters – confirmation from bill payer and owners
  49. 37Owner under regulation 36
  50. Part 6: Permitted early repayment of credit and cash advances and terms which bind and benefit bill payers
  51. 38Permitted early repayment of credit
  52. 39Permitted cash advances
  53. 40Terms of the plan which are to bind or benefit the bill payer or a subsequent bill payer
  54. Part 7: Confirmation and disclosure and acknowledgment
  55. Chapter 1: Confirmation of the plan
  56. 41Specified period under section 8(3)
  57. 42Action to be taken under section 8(4)
  58. Chapter 2: Disclosure and acknowledgment of green deal plans
  59. 43Intended occupation under transactions or arrangements to be entered into
  60. 44Disclosure and acknowledgment in circumstances described in regulation 43
  61. 45Intended transfers of ownership
  62. 46Disclosure and acknowledgment in circumstances described in regulation 45
  63. 47Oral tenancies and unwritten licence agreements
  64. 48Acknowledgment in circumstances described in regulation 47
  65. 49Transactions or arrangements to change bill payers
  66. 50Disclosure and acknowledgment in circumstances described in regulation 49
  67. Part 8: Enforcement
  68. Chapter 1: Interpretation, scope, complaints
  69. 51Interpretation – Part 8
  70. 52No sanctions without receipt of complaints or information
  71. 53Sanctions
  72. 54Enforcement undertakings
  73. 55Eligible complaints – breach of the consent provision
  74. 56Eligible complaints – breach of the disclosure and acknowledgment provisions
  75. 57Eligible complaints – breach of the relevant requirements
  76. 58Eligible complaints – failure to take consumer credit modifying step
  77. 59Referral of eligible complaints to the Secretary of State
  78. 60Complaints where there is no green deal provider
  79. Chapter 2: Breaches and failure to take modifying steps
  80. 61Breach of the consent provision
  81. 62Breach of the disclosure and acknowledgment provisions
  82. 63Breach of the relevant requirements
  83. 64Special circumstances – failure to take a consumer credit modifying step
  84. Chapter 3: When sanctions may be imposed
  85. 65Sanctions for breaches of the consent provision
  86. 66Sanctions for breaches of the disclosure and acknowledgment provisions
  87. 67Sanctions for breaches of the relevant requirements by green deal providers
  88. 68Sanctions for breaches of the relevant requirements by green deal installers
  89. 69Sanctions for breaches of the relevant requirements by green deal assessors and green deal certification bodies
  90. 70Cancellation in special circumstances – failure by relevant person to take a consumer credit modifying step
  91. 71Withdrawal of authorisation from a green deal provider who is no longer a fit person to be authorised
  92. Chapter 4: Notices, procedure and requirements
  93. 72Requirement to give an intention notice before imposing a sanction
  94. 73Additional requirements in relation to compensation
  95. 74Compliance notices
  96. 75Financial penalties
  97. 76Recovery of compensation and financial penalties
  98. 77Notice of decision not to impose a sanction
  99. 78Sanctions notices
  100. 79Proportionality requirement
  101. 80Updating the register
  102. 81Deferring updating the register
  103. Chapter 5: Enforcement undertakings and guidance
  104. 82Contents of an enforcement undertaking
  105. 83Failure to comply with an enforcement undertaking
  106. 84Discharge of a compliance notice or enforcement undertaking
  107. 85Inaccurate, misleading or incomplete information
  108. Part 9: Power to obtain information and appeals
  109. 86Power to obtain information
  110. 87Appeal to First Tier Tribunal
  111. Signature
  112. Schedule 1: Registers
  113. All green deal certification bodies and green deal participants
  114. 1Paragraph 1
  115. 2Paragraph 2
  116. 3Paragraph 3
  117. 4Paragraph 4
  118. 5Paragraph 5
  119. 6Paragraph 6
  120. 7Paragraph 7
  121. 8Paragraph 8
  122. Green deal assessor certification bodies
  123. 9Paragraph 9
  124. 10Paragraph 10
  125. 11Paragraph 11
  126. Green deal assessors
  127. 12Paragraph 12
  128. 13Paragraph 13
  129. 14Paragraph 14
  130. Green deal installer certification bodies
  131. 15Paragraph 15
  132. 16Paragraph 16
  133. 17Paragraph 17
  134. 18Paragraph 18
  135. Green deal installers
  136. 19Paragraph 19
  137. 20Paragraph 20
  138. 21Paragraph 21
  139. 22Paragraph 22
  140. Green deal providers
  141. 23Paragraph 23
  142. 24Paragraph 24
  143. Schedule 2: Annual reports by green deal providers
  144. 1Paragraph 1
  145. 2Paragraph 2
  146. Schedule 3: Guarantees
  147. 1Paragraph 1
  148. 2Paragraph 2
  149. 3Paragraph 3
  150. 4Paragraph 4
  151. 5Paragraph 5
  152. 6Paragraph 6
  153. 7Paragraph 7
  154. Explanatory note