Regulation 62 Breach of the disclosure and acknowledgment provisions

(1)

A breach of the disclosure and acknowledgment provisions occurs where paragraph (2) or (3) applies.

(2)

This paragraph applies where the notifier has failed to provide the disclosure document relating to a green deal property to the recipient in accordance with, as applicable, section 12 or chapter 2 of Part 7 of these Regulations.

(3)

This paragraph applies where—

(a)

the bill payer (“B”) suffers substantive loss which arises because—

(i)

the disclosure document relating to a green deal property which was received by the recipient did not comply with the requirements of the Energy Performance Regulations;

(ii)

the disclosure document was received by the recipient after the specified time; or

(iii)

the recipient did not give an acknowledgment; and

(b)

a reasonable period of time before the commitment date, B did not know that—

(i)

B would be liable to make payments under the green deal plan; or

(ii)

B would be bound by the terms of the green deal plan which bind a bill payer.

(4)

For the purposes of this regulation,—

“commitment date” means—
1. (a)
  
  where section 12 applied, the date on which the contract for sale or lease or licence agreement was entered into;
2. (b)
  
  where regulation 44, 46 or 50 applied, the date on which the transaction or arrangement was entered into;
“required document” means—
1. (a)
  
  the contract for sale or lease, or the licence agreement referred to in section 14(2), which is required to include the acknowledgment;
2. (b)
  
  the document which is required to contain the acknowledgment under chapter 2 of Part 7;
“specified time” means—
1. (a)
  
  where section 12(1) applied, the time specified for providing the energy performance certificate in the Green Deal (Disclosure) Regulations 2012^f1;
2. (b)
  
  where regulation 44, 46 or 50 applied, the time specified in that regulation.

Annotations

Footnotes

f1: S.I. 2012/[ ].