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The Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2016

S.I. 2016/888 · Made 7 September 2016

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.

Building And Buildings, England And Wales

Made 7th September 2016

Laid before Parliament 9th September 2016

Coming into force 1st October 2016

The Secretary of State is a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to measures relating to the environment.

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 by section 74 of the Energy Act 2011f3.

Annotations to the whole text

Footnotes

f1

S.I. 2008/301.

f2

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

f3

2011 c.16.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendments to the Energy Performance of Buildings (England and Wales) Regulations 2012
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2016.

(2)

These Regulations come into force on 1st October 2016.

(3)

These Regulations extend to England and Wales.

2Amendments to the Energy Performance of Buildings (England and Wales) Regulations 2012

(1)

The Energy Performance of Buildings (England and Wales) Regulations 2012f1 are amended in accordance with the following paragraphs.

(2)

In regulation 2(1) (interpretation)—

(a)

in the definition “accreditation scheme” omit—

(i)

“; or” at the end of subparagraph (a), and

(ii)

subparagraph (b);

(b)

after the definition “energy assessor” insert the following definition—

  • ““energy efficiency improvement” has the meaning given in section 2(4) of the Energy Act 2011f2;”.

(3)

For regulation 13 (electronic production of energy performance certificates) substitute—

“Electronic service of energy performance certificates etc

13.
(1)

A document that is made available or given in accordance with the regulations listed in paragraph (2) may be made available or given electronically if the intended recipient consents to receiving it electronically.

(2)

Those documents are—

(a)

an energy performance certificate made available in accordance with regulation 6(2);

(b)

an energy performance certificate given in accordance with regulation 6(5);

(c)

an energy performance certificate given in accordance with regulation 7A(2)(a);

(d)

a notice given to a local authority in accordance with regulation 7A(2)(b).”.

(4)

In regulation 29(1) (disclosure of data: general), for “31” substitute “30A”.

(5)

In regulation 32 (disclosure by keeper of register)—

(a)

after paragraph (7) insert the following paragraphs—

“(7A)

The keeper of the register may disclose bulk access data which relates to a building to a green deal relevant person if the data is to be used by that person solely for one or more of the following purposes—

(a)

promoting energy efficiency improvements in relation to buildings;

(b)

promoting and marketing energy efficiency improvements that may be made pursuant to a green deal plan;

(c)

determining whether energy efficiency improvements that may be made pursuant to a green deal plan have or have not been made in respect of a particular building or buildings.

(7B)

The keeper of the register may disclose bulk access data which relates to a building to the Secretary of State, or to a person acting on behalf of the Secretary of State, for one or more of the following purposes—

(a)

the carrying out of any function of the Secretary of State under—

(i)

sections 33BC (promotion of reductions in carbon emissions: gas transporters and gas suppliers) or 33BD (promotion of reductions in home-heating costs: gas transporters and gas suppliers) of the Gas Act 1986f3,

(ii)

sections 41A (promotion of reductions in carbon emissions: electricity distributors and electricity suppliers) or 41B (promotion of reductions in home-heating costs: electricity distributors and electricity suppliers) of the Electricity Act 1989f4,

(iii)

the Green Deal Framework Regulations, or

(iv)

the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015f5;

(b)

promoting energy efficiency improvements in relation to buildings.

(7C)

The keeper of the register may disclose bulk access data which relates to a building to the Gas and Electricity Markets Authorityf6, or to a person acting on behalf of the Authority, for one or more of the following purposes—

(a)

the carrying out of any functions of the Authority under the Electricity and Gas (Energy Company Obligation) Order 2014f7;

(b)

promoting energy efficiency improvements in relation to buildings.”.

(b)

in paragraph (8), after “(7)” insert “, (7A), (7B) or (7C)”.

(6)

In Schedule B1 (specified data items for online publication)—

(a)

in paragraph 2—

(i)

for item (l) substitute—

“(l)

the current primary energy use of the building,”,

(ii)

for item (m) substitute—

“(m)

the potential primary energy use of the building,” and

(iii)

omit item (cc);

(b)

in paragraph 3—

(i)

omit—

(aa)

item (c),

(bb)

item (q),

(ii)

for item (r) substitute—

“(r)

the primary energy use of the building,”, and

(iii)

after item (x) insert—

“(xa)

the building emission rate of the building,”.

Signature

Signed by authority of the Secretary of State for Communities and Local Government

Gavin Barwell

Minister of State

Department for Communities and Local Government

7th September 2016

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118, as amended by S.I. 2013/10; S.I. 2013/181; S.I. 2013/603; S.I. 2014/880; S.I. 2015/609, S.I. 2015/1681 and S.I. 2016/284) (“the Principal Regulations”), which implement Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings (recast) (OJ No L 153, 18.6.2010, p.13).

Regulation 2(2), (3) and (4) updates references that were overlooked in earlier amendments to the Principal Regulations.

Regulation 2(5) provides for the disclosure, by the keeper of the register of energy performance certificates, kept under regulation 27 of the Principal Regulations, of bulk access data, which is the whole set of data entered onto the register in respect of any building, to certain persons for stated purposes. Those persons and purposes are firstly to persons authorised as a green deal provider or as a green deal assessor certification body under Part 2 of the Green Deal Framework (Disclosure, Acknowledgement, Redress etc) Regulations 2012 (S.I. 2012/2079), for purposes relating to energy efficiency improvements to buildings. This consolidates existing provision that would otherwise be included in revocations coming into force on 1st October 2016. Secondly, disclosure may be made to the Secretary of State, or to a person acting on behalf of the Secretary of State, for the purposes of carrying out certain functions under the Gas Act 1986 (c.44) and the Electricity Act 1989 (c.29), or of promoting energy efficiency improvements to buildings. Thirdly, disclosure may be made to the Gas and Electricity Markets Authority, or to a person acting on behalf of the Authority, for the purposes of carrying out functions under the Electricity and Gas (Energy Company Obligation) Order 2014 (S.I. 2014/3219), or of promoting energy efficiency improvements to buildings.

Regulation 2(6) amends the lists in Schedule B1 to the Principal Regulations of items of bulk access data that may be published on a website by virtue of regulation 30A(1) of those Regulations.

An impact assessment has not been prepared for these Regulations, as they have no impact, or minimal impact, on the public, private or voluntary sector.