Energy Act 2011

Valid from 21/03/2012

1 Green deal plans E+W+S

(1) This section applies for the purposes of this Chapter.

(2) An energy plan is an arrangement made by the occupier or owner of a property for a person to make energy efficiency improvements to the property.

(3) An energy plan is a green deal plan if—

(a) the energy efficiency improvements are to be paid for wholly or partly in instalments, and

(b) all of the requirements listed in paragraphs (a) to (e) of subsection (4) are met in relation to the plan at the time when it is made.

(4) The requirements are—

(a) the property is an eligible property,

(b) the energy efficiency improvements fall within a description specified in an order made by the Secretary of State (“qualifying energy improvements”),

(c) the conditions mentioned in section 4 as to assessment of the property and other matters have been met,

(d) the conditions mentioned in section 5 as to the terms of the plan and other matters are met, and

(e) a relevant energy supplier supplies, or is to supply, energy to the property.

(5) Subsection (6) applies to a green deal plan from the time when—

(a) improvements have been installed in accordance with section 7,

(b) the plan is confirmed in accordance with section 8, and

(c) the requirements imposed by virtue of section 9 or 10 are met.

(6) The payments in instalments agreed in the plan are to be—

(a) made by the person who is for the time being liable to pay the energy bills for the property,

(b) made to the relevant energy supplier through the energy bills for the property,

(c) recoverable as a debt by the relevant energy supplier from the person referred to in paragraph (a), and

(d) recovered and held by the relevant energy supplier as agent and trustee for the person who made the improvements (unless the relevant energy supplier is also that person).

(7) Subsection (6) applies irrespective of whether the person referred to in paragraph (a) is the person who entered into the plan.

(8) Subsection (6) is subject to—

(a) provision made in regulations under section 34;

(b) any suspension or cancellation, by virtue of provision made in regulations under section 3(3)(h) or (i), 6(4), 16 or 35, of liability to make payments.

(9) For the purposes of subsection (4)(a) a property is an eligible property unless it falls within a description specified in an order made by the Secretary of State.