# The Energy Performance of Buildings (Scotland) Amendment Regulations 2008

S.S.I. 2008/389 · made 25 November 2008

These Regulations amend the Energy Performance of Buildings (Scotland) Regulations 2008 (“the 2008 Regulations”). Regulation 2 inserts provision into regulation 17 of the 2008 Regulations to prevent a penalty charge notice being given where–the owner has requested an energy performance certificate no later than 7 days after a person becomes a prospective buyer or prospective tenant; andthe owner has made the energy performance certificate available to a prospective buyer or prospective tenant within 9 days of obtaining the certificate.

Made under: European Communities Act 1972 (repealed) (Section 2)

PDFs: Printed copy https://openlegislation.uk/energy-performance-of-buildings-scotland-amendment-regulations-2008/pdf/ssi_20080389_en.pdf; Executive Note https://openlegislation.uk/energy-performance-of-buildings-scotland-amendment-regulations-2008/pdf/ssien_20080389_en.pdf

## Introductory text

BUILDING AND BUILDINGS
Made 25th November 2008
Laid before the Scottish Parliament 26th November 2008
Coming into force 31st December 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and all other powers enabling them to do so.

## 1 Citation and commencement

These Regulations may be cited as the Energy Performance of Buildings (Scotland) Amendment Regulations 2008 and come into force on 31st December 2008.

## 2 Amendment of Regulations

(1) The Energy Performance of Buildings (Scotland) Regulations 2008 are amended in accordance with paragraph (2).
(2) In regulation 17 (penalty charge notices)–
(a) after paragraph (2) insert–
“(2A) In addition to the limitations imposed by paragraph (2), a penalty charge notice may not be given in respect of a breach of any duty under regulation 5 occurring on or before 31st March 2009 where–
(a) the owner has made a request for an energy performance certificate within a period of 7 days after the relevant time; and
(b) the owner has made the energy performance certificate available to a prospective buyer or prospective tenant within a period of 9 days after obtaining the certificate.”; and
(b) after paragraph (8) insert–
“(9) In paragraph (2A)(a)–
(a) the reference to a request has the same meaning as in regulation 18(2); and
(b) “the relevant time” has the same meaning as in regulation 18(3).”.

## Signature

STEWART STEVENSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
25th November 2008

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Energy Performance of Buildings (Scotland) Regulations 2008 (“the 2008 Regulations”). Regulation 2 inserts provision into regulation 17 of the 2008 Regulations to prevent a penalty charge notice being given where–
(a) the owner has requested an energy performance certificate no later than 7 days after a person becomes a prospective buyer or prospective tenant; and
(b) the owner has made the energy performance certificate available to a prospective buyer or prospective tenant within 9 days of obtaining the certificate.

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Source: https://www.legislation.gov.uk/ssi/2008/389 (the official version)
Page: https://openlegislation.uk/energy-performance-of-buildings-scotland-amendment-regulations-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.