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The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2018

S.I. 2018/362 · Made 13 March 2018

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 13th March 2018

Laid before Parliament 15th March 2018

Coming into force 6th April 2018

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 by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

f3

2011 c.16.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Energy Performance of Buildings (England and Wales) Regulations 2012
  3. 3Amendment of regulation 2
  4. 4Amendment of regulation 28
  5. 5Amendment of regulation 32
  6. 6Amendment of Schedule B1
  7. Signature
  8. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2018.

(2)

These Regulations come into force on 6th April 2018.

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

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

3Amendment of regulation 2

In paragraph 1 of regulation 2 (interpretation), omit the definition of “personal data”.

4Amendment of regulation 28

In regulation 28 (fees for entering data onto register)—

(a)

in paragraph (a), for “£1.82” substitute “£1.86”; and

(b)

in paragraph (b), for “£10.12” substitute “£9.84”.

5Amendment of regulation 32

 In paragraph (2) of regulation 32 (disclosure by keeper of register)—

(a)

for “A person keeping a register on the Secretary of State’s behalf” substitute “The keeper of the register”; and

(b)

after “may disclose general access data or bulk access data to the Secretary of State” insert “, or to a person acting on behalf of the Secretary of State,”.

6Amendment of Schedule B1

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

(a)

in paragraph 2, at the end, before the full stop, insert—

“,

(qqqqq)

the accreditation scheme that lodged the data items specified in this paragraph”;

(b)

in paragraph 3, at the end, before the full stop, insert—

“,

(bb)

the accreditation scheme that lodged the data items specified in this paragraph”; and

(c)

in paragraph 4, at the end, before the full stop, insert—

“,

(gg)

assessment end date,

(hh)

occupancy level,

(ii)

the accreditation scheme that lodged the data items specified in this paragraph”.

Signature

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

Dominic Raab

Minister of State

Ministry of Housing, Communities and Local Government

13th March 2018

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) (“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 3 removes the definition of “personal data” in regulation 2 of the principal regulations as the term is no longer used in the principal regulations.

Regulation 4 amends fees for entering data onto the register of energy performance certificates, display energy certificates and air conditioning inspection reports kept under regulation 27 (registration of certificates etc) of the principal regulations.

Regulation 5 amends regulation 32 (disclosure by keeper of register) of the principal regulations to clarify that where general or bulk access data may be disclosed by the keeper of the register to the Secretary of State, it may also be disclosed to a person acting on behalf of the Secretary of State.

Regulation 6 adds items to Schedule B1 (specified data items for online publication) to the principal regulations, which lists items taken from the bulk data, that is the whole set of data in relation to any building that is entered onto the register in relation to the production of certificates and reports. The keeper of the register may publish any of those items on a website in accordance with regulation 30A (publication of bulk access data on a website) of the principal regulations, unless the building is the subject of an opt-out by the owner or occupier in accordance with regulation 30(3) (disclosure of general access data).

A privacy impact assessment for the provisions relating to disclosure of information from the register was undertaken before Schedule B1 was inserted in the principal regulations by S.I 2016/284. It is available with the explanatory memorandum for those Regulations at www.legislation.gov.uk/. A copy is also available from the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London SW1P 4DF.

An impact assessment has not been produced for this instrument as no impact, or minimal, impact, on the public, private or voluntary sectors is foreseen.