9On-site testing orders
(1)Subject to subsection (8) below, the Secretary of State may by order prohibit the use in or in connection with any premises of any heat generator of a description specified in the order after the end of a period so specified beginning with the date on which its installation is completed, unless its efficiency has been tested during that period by a testing authority so specified (referred to below in this section and in section 10 of this Act as the relevant testing authority).
(2)An order under this section may also prohibit the use of any heat generator of a description to which it applies after the end of such further period following the initial period allowed in accordance with subsection (1) above for testing heat generators of that description as may be specified in the order, unless its efficiency has been found by the relevant testing authority to comply with standards of efficiency prescribed by the order for heat generators of that description.
(3)Without prejudice to any provision authorised by virtue of subsection (1) or (2) above, an order under this section may make provision with respect to any of the following matters—
(a)the tests to be carried out under the order (including any practice or procedure or other requirements to be followed by the relevant testing authority in carrying out those tests);
(b)the procedure to be followed in relation to applications for a test;
(c)the fees which may be charged by the testing authority in respect of tests; and
(d)the information to be supplied and the facilities to be afforded by an applicant to the relevant testing authority.
(4)The facilities an applicant for a test may be required by an order under this section to afford to the relevant testing authority include facilities by way of—
(a)allowing access to any premises served by the generator to be tested;
(b)operating that generator in accordance with any directions given by the authority for the purpose of carrying out the test; and
(c)placing at the disposal of the authority any operating and maintenance instructions supplied for use with that generator.
(5)Any such order may require the relevant testing authority to supply the person responsible for the use of any generator tested with a test report giving the result of the test and containing such other information as may be prescribed by the order, and also, in a case where the generator passes the test, with—
(a)a data plate in such form and containing such particulars with respect to the performance of the generator as may be so prescribed ; and
(b)a document in such form and containing such information with respect to the result of the test or the performance of the generator as may be so prescribed.
(6)Any such order may also require the relevant testing authority—
(a)to send to the Secretary of State a copy of any test report on a generator which fails any test carried out under the order ; and
(b)to send a copy of the test report on any generator tested by the authority (whether it passes or fails the test) to the applicant for the test (if he is not the person responsible for the use of the generator) and to any other person specified, or of a description specified, in the order.
(7)Any such order may make such provision as appears to the Secretary of State to be appropriate for appeals to the Secretary of State from any decision of the relevant testing authority.
(8)An order under this section may not apply—
(a)to heat generators of any description to which an order made under section 1(2) or (3) of this Act applies; or
(b)to the use of any heat generator in or in connection with any premises if it was not new at the time of its installation.
(9)An order under this section prescribing fees for tests may require the relevant testing authority to pay to the Secretary of State, in respect of each such fee received, an amount specified in the order (representing a proportion of that fee).
(10)References in this Part of this Act to a testing authority are references to any person appointed as such under section 11 of this Act.