# The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012, Regulation 40: Terms of the plan which are to bind or benefit the bill payer or a subsequent bill payer

Extent: E+W+S

(1) The terms of a green deal plan which bind a bill payer are—
(a) a term which provides for the amounts of the green deal instalments and the intervals at which, and period for which, they are payable;
(b) an early repayment term; and
(c) subject to paragraph (2), any other term which the plan expressly states is to bind the bill payer.
(2) A term in which the improver confirms to any person—
(a) that any necessary permissions or consents have been obtained in respect of the improvements; or
(b) any other matter relating to the improvements or the installation of the improvements,
does not bind the bill payer or subsequent bill payer.
(3) A term of a green deal plan which binds a person (“P”) as a bill payer (except an early repayment term)—
(a) binds P only in respect of anything which is to be done or not to be done during the period for which P is the bill payer; and
(b) may be enforced by the green deal provider against P but only to the extent that P is bound under sub-paragraph (a).
(4) An early repayment term—
(a) binds a person (“P”) as a bill payer from the time P becomes the bill payer until the end of the payment period; and
(b) may be enforced by the green deal provider against P but only to the extent that P is bound under sub-paragraph (a).
(5) A term of a green deal plan which confers a benefit on the improver (except a term under which money is to be advanced to the improver) also confers a benefit on a bill payer.
(6) Where a term of a green deal plan confers a benefit on a bill payer,—
(a) a person (“P”) who is the bill payer has the benefit of that term; and
(b) P may enforce that term against the green deal provider,
but only whilst P is the bill payer.
(7) In this regulation—
(a) “early repayment term” means a term in a plan which complies with regulation 38;
(b) a reference to a green deal provider includes—
(i) in relation to a term which binds a person as a bill payer, a reference to a person to whom the green deal provider’s right to enforce that term has been assigned;
(ii) in relation to a term which confers a benefit on a person as a bill payer, a reference to a person who, further to a novation of a green deal plan, has assumed the green deal provider’s obligation in respect of that term.

---
Source: https://www.legislation.gov.uk/uksi/2012/2079/regulation/40 (the official version)
Page: https://openlegislation.uk/green-deal-framework-disclosure-acknowledgment-redress-etc-regulations-2012/regulation-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.