The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Tenants' energy efficiency improvements regulations may include provision for the purpose of securing compliance with requirements imposed on landlords by or under the regulations.
(2)Provision falling within subsection (1) includes, in particular, provision for a tenant to apply to a court or tribunal for a ruling that a landlord has not complied with a requirement imposed by or under the regulations.
(3)Where the regulations make provision for a tenant to make an application such as is mentioned in subsection (2), the provision may, in particular, include provision—
(a)as to the jurisdiction of the court or tribunal to which an application may be made;
(b)as to the grounds on which an application may be made;
(c)as to the procedure for making an application (including any fee which may be payable);
(d)as to the powers of the court or tribunal to which an application is made (including as to costs which may be awarded);
(e)as to how any sum payable in pursuance of a decision of the court or tribunal is to be recoverable.
(4)Where the regulations make provision for a tenant to make an application such as is mentioned in subsection (2), the regulations must also include provision for a right of appeal by the tenant or landlord against any decision of a court or tribunal on an application.
(5)Provision falling within subsection (4) includes, in particular, provision—
(a)as to the jurisdiction of the court or tribunal to which an appeal may be made;
(b)as to the grounds on which an appeal may be made;
(c)as to the procedure for making an appeal (including any fee which may be payable);
(d)suspending the effect of the decision being appealed against, pending determination of the appeal;
(e)as to the powers of the court or tribunal to which an appeal is made;
(f)as to how any sum payable in pursuance of a decision of the court or tribunal is to be recoverable.
(6)The provision referred to in subsection (5)(e) includes provision conferring on the court or tribunal to which an appeal is made power—
(a)to confirm the decision;
(b)to quash the decision;
(c)to make a different decision;
(d)to remit the decision or any matter relating to the decision to the person who made it;
(e)to award costs.
(7)If the Secretary of State considers it appropriate for the purpose of, or in consequence of, any provision falling within—
(a)subsection (3)(a), (c), (d) or (e), or
(b)subsection (5)(a), (c), (e) or (f),
tenants' energy efficiency improvements regulations may revoke or amend any subordinate legislation in so far as the subordinate legislation extends to England and Wales.
(8)In this section “subordinate legislation” has the meaning given in section 21(1) of the Interpretation Act 1978 and includes an instrument made under a Measure or Act of the National Assembly for Wales.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Click 'View More' or select 'More Resources' tab for additional information including: