Explanatory note

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.