2012 No. 190
The Energy Performance of Buildings (Scotland) Amendment Regulations 2012
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 and all other powers enabling them to do so.
Citation and commencement1
These Regulations may be cited as the Energy Performance of Buildings (Scotland) Amendment Regulations 2012 and come into force on 1st October 2012.
Amendment of the Energy Performance of Buildings (Scotland) Regulations 20082
The Energy Performance of Buildings (Scotland) Regulations 2008 M2 are amended in accordance with regulations 3 to 11.
Interpretation3
In regulation 2(1) (interpretation)—
a
omit the definition of “associated data”;
b
after the definition of “energy performance certificate” insert—
“energy performance data” means information needed to produce an energy performance certificate or a recommendations report;
c
after the definition of “prospective tenant” insert—
“recommendations report” has the meaning given in regulation 6A;
Energy performance certificates on sale or rentF14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Energy performance certificatesF25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recommendations reportF36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registration of certificates7
For regulation 10 (registration of certificates) together with its cross heading substitute—
Registration of energy performance data10
1
There must be one or more registers of energy performance data from which the following documents may be produced—
a
an energy performance certificate; and
b
a recommendations report.
2
Each register referred to in paragraph (1) shall be maintained by a keeper.
3
A register may be maintained for different purposes or for different classes of buildings F4or building units.
4
Where a member of an approved organisation issues any document referred to in paragraph (1)(a) or (b), that person must ensure that the energy performance data relating to that document is sent to the relevant register before the document is issued.
5
Any energy performance data entered onto a register—
a
must be registered under a unique reference; and
b
must not be altered once registered.
6
Any energy performance data entered onto a register must be kept on the register for a period of at least 10 years beginning on the date on which it is entered onto the register.
Disclosures generally8
For regulation 11 (disclosures generally) substitute—
11
The keeper of a register may only disclose any—
a
energy performance data;
b
any document produced from that data; and
c
any information derived from that data,
if authorised by regulation 12 or 13.
Disclosures to approved organisation9
For regulation 12 (disclosures to approved organisation) substitute—
12
The keeper of a register may disclose to an approved organisation—
a
any energy performance certificate or recommendation report which was prepared by a member of that organisation; and
b
any energy performance data relating to that document.
Disclosures to enforcement authorities and/or the Scottish Ministers10
In regulation 13 (disclosures to enforcement authorities and/or the Scottish Ministers) for “certificate or associated” substitute “
data or any document produced from that
”
.
Use of information by the Scottish Ministers and/or the keeper of the register11
In regulation 14 (use of information by the Scottish Ministers and/or the keeper of the register) for “certificate or associated” in both places where it occurs substitute “
data or any document produced from that
”
.
1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.