Regulation 12A Disclosure of data relating to a particular building or building unitF1

(1)

The keeper of a register may disclose energy performance data relating to a particular building or building unit to an authorised recipient if all of the conditions in paragraph (2) are met.

(2)

The conditions are that—

(a)

a request for disclosure of the data to the authorised recipient is made—

(i)

by means of a website operated by the keeper; or

(ii)

by electronic communication sent to an address or location specified by the keeper for the purpose of the receipt of such requests;

(b)

the request includes—

(i)

the full address (excluding the postcode) of the particular building or building unit to which the data relates;

(ii)

the full postcode of that building or building unit; or

(iii)

the report reference number for the energy performance data relating to the building or building unit;

(F2ba)

the data does not include any—

(i)

green deal information; or

(ii)

information revealing the report reference number relating to an energy performance certificate for a green deal property;

(c)

the disclosure is made subject to—

(i)

the condition that the data is to be used by the recipient solely for one or more of the purposes described in Part 2 of Schedule 1; F3...

(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

the particular building or building unit to which the data relates is not an excluded building.

F4(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

The keeper may refuse to disclose information under paragraph (1) where the person who requests the disclosure has previously failed to comply with a condition of the kind referred to in paragraph (2)(c).

F5(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Regs. 12, 12A substituted for reg. 12 (21.12.2012) by The Energy Performance of Buildings (Scotland) Amendment (No. 3) Regulations 2012 (S.S.I. 2012/315), regs. 1, 5
F2: Reg. 12A(2)(ba) inserted (27.1.2013) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2013 (S.S.I. 2013/12), regs. 1, 8
F3: Reg. 12A(2)(c)(ii) and word omitted (19.12.2015) by virtue of The Energy Performance of Buildings (Scotland) Amendment Regulations 2015 (S.S.I. 2015/386), regs. 1, 2(3)
F4: Reg. 12A(3) omitted (19.12.2015) by virtue of The Energy Performance of Buildings (Scotland) Amendment Regulations 2015 (S.S.I. 2015/386), regs. 1, 2(3)
F5: Reg. 12A(5) omitted (19.12.2015) by virtue of The Energy Performance of Buildings (Scotland) Amendment Regulations 2015 (S.S.I. 2015/386), regs. 1, 2(3)