The Home Energy Assistance Scheme (Scotland) Regulations 2009

Interpretation

2.  In these Regulations–

“the 1992 Act” means the Social Security Contributions and Benefits Act 1992(1);

“administering agency” means a person or a body of persons appointed under regulation 3(1);

“central heating system” means a system which provides warmth to 2 or more rooms in a dwelling through a series of connected radiators or ducts linked to a central boiler or some other heat source or from a series of electric storage heaters and controlled from one central point;

“dwelling” includes any self contained part of a building which is occupied as a separate dwelling, and includes mobile homes that have been permanently fixed to a site;

“electric storage heater” means–

(a)

a free standing storage heater;

(b)

an electric fan assisted storage warm air system;

(c)

an electric wired underfloor heating system, set in a solid floor or floors; or

(d)

an electric ceiling heating system;

“energy inefficient dwelling” means a dwelling which does not attain a Standard Assessment Procedure rating of 39 or above;

“maternity certificate” means a maternity certificate which accords with the requirements of regulation 2(3) of the Social Security (Medical Evidence) Regulations 1976(2) or regulation 2 of the Statutory Maternity Pay (Medical Evidence) Regulations 1987(3);

“network installer” has the meaning given in section 15 of the Social Security Act 1990;

“owner” includes any person who under the Lands Clauses Acts(4) would be enabled to sell and convey land to the promoters of an undertaking;

“partner” means a spouse or civil partner or any person who lives with the applicant as husband or wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex;

“Standard Assessment Procedure” refers to the Government’s Standard Assessment Procedure for Energy Rating of Dwellings, 2005 Edition(5); and

“tenant” includes a sub-tenant and a person who–

(i)

occupies a dwelling in terms of a contract of employment;

(ii)

has a licence to occupy a dwelling; or

(iii)

is a cottar within the meaning of section 12(5) of the Crofters (Scotland) Act 1993(6),

but excludes a tenant of a local authority or a body registered as a social landlord by virtue of section 57 of the Housing (Scotland) Act 2001(7).

(1)

1992 (c. 4).

(2)

S.I. 1976/615; regulation 2(3) was amended by S.I. 1987/409 and 2001/2931.

(3)

S.I. 1987/235; regulation 2 was amended by S.I. 2001/2931.

(4)

Defined in Schedule 1 to the Interpretation Act 1978 (c. 30).

(5)

Published by the Building Research Establishment.

(6)

1993 c. 44.

(7)

2001 asp 10.