Regulation 40 Terms of the plan which are to bind or benefit the bill payer or a subsequent bill payer

(1)

The terms of a green deal plan which bind a bill payer are—

(a)

a term which provides for the amounts of the green deal instalments and the intervals at which, and period for which, they are payable;

(b)

an early repayment term; and

(c)

subject to paragraph (2), any other term which the plan expressly states is to bind the bill payer.

(2)

A term in which the improver confirms to any person—

(a)

that any necessary permissions or consents have been obtained in respect of the improvements; or

(b)

any other matter relating to the improvements or the installation of the improvements,

does not bind the bill payer or subsequent bill payer.

(3)

A term of a green deal plan which binds a person (“P”) as a bill payer (except an early repayment term)—

(a)

binds P only in respect of anything which is to be done or not to be done during the period for which P is the bill payer; and

(b)

may be enforced by the green deal provider against P but only to the extent that P is bound under sub-paragraph (a).

(4)

An early repayment term—

(a)

binds a person (“P”) as a bill payer from the time P becomes the bill payer until the end of the payment period; and

(b)

may be enforced by the green deal provider against P but only to the extent that P is bound under sub-paragraph (a).

(5)

A term of a green deal plan which confers a benefit on the improver (except a term under which money is to be advanced to the improver) also confers a benefit on a bill payer.

(6)

Where a term of a green deal plan confers a benefit on a bill payer,—

(a)

a person (“P”) who is the bill payer has the benefit of that term; and

(b)

P may enforce that term against the green deal provider,

but only whilst P is the bill payer.

(7)

In this regulation—

(a)

“early repayment term” means a term in a plan which complies with regulation 38;

(b)

a reference to a green deal provider includes—

(i)

in relation to a term which binds a person as a bill payer, a reference to a person to whom the green deal provider’s right to enforce that term has been assigned;

(ii)

in relation to a term which confers a benefit on a person as a bill payer, a reference to a person who, further to a novation of a green deal plan, has assumed the green deal provider’s obligation in respect of that term.