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The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012

S.I. 2012/2079 · Made 6 August 2012 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2021.

Energy Conservation

Made 6th August 2012

Coming into force in accordance with regulation 1

A draft of this instrument has been laid before Parliament in accordance with section 40(5) of the Energy Act 2011f1and paragraph 2(2) of Schedule 2 to the European Communities Act 1972f2 and approved by a resolution of each House of Parliament.

To the extent required by section 40(8)(a) of the Energy Act 2011, the Scottish Ministers have given consent and in accordance with section 40(8)(b) they have been consulted.

The Welsh Ministers have been consulted in accordance with section 40(12) of the Energy Act 2011.

The Secretary of State has laid a report before Parliament in accordance with section 38 of the Energy Act 2011.

The Secretary of State is a Minister designatedf3 for the purposes of section 2(2) of the European Communities Act 1972f4 in relation to services in the internal market.

Accordingly, 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 the following sections of the Energy Act 2011—

  1. (a)

    section 2(9) and (10);

  2. (b)

    section 3(1), (3) and (5) to (9);

  3. (c)

    section 4(1), (4), (5), (8) and (9);

  4. (d)

    section 5(1), (3) and (5);

  5. (e)

    section 6(1), (2), (4) and (5);

  6. (f)

    section 8(3) and (4);

  7. (g)

    section 13(1) and (2);

  8. (h)

    section 15(1) and (2);

  9. (i)

    section 16(1) and (2);

  10. (j)

    section 34(1) and (2);

  11. (k)

    section 35(2) to (4);

  12. (l)

    section 40(1).

Annotations to the whole text

Footnotes

f1

2011 c.16.

f2

1972 c.68; paragraph 2(2) of Schedule 2 was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), sections 27(2)(a) and 33.

f3

S.I. 2009/221.

f4

Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1), and by the European Union (Amendment) Act 2008 (c.7), section 3(3) and Schedule, Part 1. Under section 57(1) of the Scotland Act 1998 (c.46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland.

Contents

  1. Part 1: Introduction
  2. Chapter 1: Citation, commencement and general interpretation
  3. 1Citation and commencement
  4. 2Interpretation – general
  5. 3Notices
  6. Chapter 2: Interpretation – sections 2(9), 2(10) and 3(9)
  7. 4Definitions under section 2(9)
  8. 5Definition of “energy bill” for the purpose of section 4(4) and Part 5
  9. 6The bill payer where there is no supply of electricity to a green deal property
  10. 7Definitions of qualifying assessment under section 3(9)
  11. Part 2: Authorisation, registers and code of practice
  12. 8Authorisation of green deal certification bodies and green deal participants
  13. 9Registers of green deal certification bodies and green deal participants
  14. 10Code of practice
  15. Part 3: Applications for authorisation
  16. 11Green deal assessor certification bodies
  17. 12Determination of applications and entry on the register
  18. 13Green deal installer certification bodies
  19. 14Determination of applications and entry on the register
  20. 15Green deal providers
  21. 16Determination of applications and entry on the register
  22. 17Voluntary withdrawal of authorisation of green deal provider
  23. 18Refusal of an application
  24. Part 4: Requirements which apply to green deal certification bodies and green deal participants
  25. Chapter 1: Requirements which apply to green deal certification bodies
  26. 19Requirements which apply to green deal certification bodies
  27. 20Changes to a membership list – update to registers
  28. 21Cessation of accreditation – update to registers
  29. Chapter 2: Requirements which apply to green deal assessors and green deal installers
  30. 22Requirements which apply to green deal assessors
  31. 23Requirements which apply to green deal installers
  32. Chapter 3: Requirements which apply to green deal providers
  33. 24Requirements which apply to green deal providers
  34. 25Notifications concerning consumer credit
  35. 26Ensuring energy plans are green deal plans and that instalments can be collected on energy bills
  36. Part 5: Estimates of savings and conditions relating to the plan
  37. Chapter 1: Estimates to be made by the green deal provider
  38. 27Estimates of likely energy bill savings
  39. 28Estimating the period over which savings are likely to be made
  40. Chapter 2: Conditions as to the amount of instalments and period of the plan, the terms of the plan and other matters
  41. 29Conditions to be met for energy plans to be green deal plans
  42. 30Instalments not to exceed savings
  43. 31Payment period not to exceed savings period
  44. 32Domestic properties – fixed interest rate
  45. 33Improvement-specific instalments – exceptions to fixed amount
  46. 34No restriction on change of gas or electricity supplier
  47. 35Guarantees to be given by green deal providers
  48. 36Condition as to other matters – confirmation from bill payer and owners
  49. 37Owner under regulation 36
  50. Part 6: Permitted early repayment of credit and cash advances and terms which bind and benefit bill payers
  51. 38Permitted early repayment of credit
  52. 39Permitted cash advances
  53. 40Terms of the plan which are to bind or benefit the bill payer or a subsequent bill payer
  54. Part 7: Confirmation and disclosure and acknowledgment
  55. Chapter 1: Confirmation of the plan
  56. 41Specified period under section 8(3)
  57. 42Action to be taken under section 8(4)
  58. Chapter 1A: Updating of disclosure document
  59. 42ACircumstances in which green deal information in disclosure document must be updated
  60. 42BRequirement to update green deal information in disclosure document
  61. 42CUpdating of disclosure document where the green deal provider is no longer authorised
  62. Chapter 2: Disclosure and acknowledgment of green deal plans
  63. 43Intended occupation under transactions or arrangements to be entered into
  64. 44Disclosure and acknowledgment in circumstances described in regulation 43
  65. 45Intended transfers of ownership
  66. 46Disclosure and acknowledgment in circumstances described in regulation 45
  67. 47Oral tenancies and unwritten licence agreements
  68. 48Acknowledgment in circumstances described in regulation 47
  69. 49Transactions or arrangements to change bill payers
  70. 50Disclosure and acknowledgment in circumstances described in regulation 49
  71. Part 8: Enforcement
  72. Chapter 1: Interpretation, scope, complaints
  73. 51Interpretation – Part 8
  74. 52No sanctions without receipt of complaints or information
  75. 53Sanctions
  76. 54Enforcement undertakings
  77. 55Eligible complaints – breach of the consent provision
  78. 56Eligible complaints – breach of the disclosure and acknowledgment provisions
  79. 57Eligible complaints – breach of the relevant requirements by the green deal provider or the green deal installer
  80. 57AEligible complaints – breach of the relevant requirements by a green deal assessor
  81. 58Eligible complaints – failure to take consumer credit modifying step
  82. 59Referral of eligible complaints to the Secretary of State
  83. 60Complaints where there is no green deal provider
  84. 60AComplaints – breach of the relevant requirements by a green deal certification body
  85. Chapter 2: Breaches and failure to take modifying steps
  86. 61Breach of the consent provision
  87. 62Breach of the disclosure and acknowledgment provisions
  88. 63Breach of the relevant requirements
  89. 64Special circumstances – failure to take a consumer credit modifying step
  90. Chapter 3: When sanctions may be imposed
  91. 65Sanctions for breaches of the consent provision
  92. 66Sanctions for breaches of the disclosure and acknowledgment provisions
  93. 67Sanctions for breaches of the relevant requirements by green deal providers
  94. 68Sanctions for breaches of the relevant requirements by green deal installers
  95. 69Sanctions for breaches of the relevant requirements by green deal assessors and green deal certification bodies
  96. 70Cancellation in special circumstances – failure by relevant person to take a consumer credit modifying step
  97. 71Withdrawal of authorisation from a green deal provider who is no longer a fit person to be authorised
  98. Chapter 4: Notices, procedure and requirements
  99. 72Requirement to give an intention notice before imposing a sanction
  100. 73Additional requirements in relation to compensation
  101. 74Compliance notices
  102. 75Financial penalties
  103. 76Recovery of compensation and financial penalties
  104. 77Notice of decision not to impose a sanction
  105. 78Sanctions notices
  106. 79Proportionality requirement
  107. 80Updating the register
  108. 81Deferring updating the register
  109. Chapter 5: Enforcement undertakings and guidance
  110. 82Contents of an enforcement undertaking
  111. 83Failure to comply with an enforcement undertaking
  112. 84Discharge of a compliance notice or enforcement undertaking
  113. 85Inaccurate, misleading or incomplete information
  114. Part 9: Power to obtain information and appeals
  115. 86Power to obtain information
  116. 87Appeal to First Tier Tribunal
  117. Signature
  118. Schedule 1: Registers
  119. All green deal certification bodies and green deal participants
  120. 1Paragraph 1
  121. 2Paragraph 2
  122. 3Paragraph 3
  123. 4Paragraph 4
  124. 5Paragraph 5
  125. 6Paragraph 6
  126. 7Paragraph 7
  127. 8Paragraph 8
  128. Green deal assessor certification bodies
  129. 9Paragraph 9
  130. 10Paragraph 10
  131. 11Paragraph 11
  132. Green deal assessors
  133. 12Paragraph 12
  134. 13Paragraph 13
  135. 14Paragraph 14
  136. Green deal installer certification bodies
  137. 15Paragraph 15
  138. 16Paragraph 16
  139. 17Paragraph 17
  140. 18Paragraph 18
  141. Green deal installers
  142. 19Paragraph 19
  143. 20Paragraph 20
  144. 21Paragraph 21
  145. 22Paragraph 22
  146. Green deal providers
  147. 23Paragraph 23
  148. 24Paragraph 24
  149. Schedule 2: Reports by green deal providers
  150. Monthly Reports
  151. 1Paragraph 1
  153. Annual Reports
  154. 2Paragraph 2
  155. Interpretation
  156. 3Paragraph 3
  157. Schedule 3: Guarantees
  158. 1Paragraph 1
  159. 2Paragraph 2
  160. 3Paragraph 3
  161. 4Paragraph 4
  162. 5Paragraph 5
  163. 6Paragraph 6
  164. 7Paragraph 7
  165. Explanatory note