Regulation 2 Amendment of Regulations

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

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).”.