Search Legislation

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Purposes for which certificates and recommendation reports may be disclosed

This section has no associated Explanatory Memorandum

14.—(1) Where any person has in his possession or control a document to which this regulation applies, it is an offence for that person to disclose, or permit the disclosure of, the document or any information derived from it except in the circumstances specified in paragraph (2).

(2) Those circumstances are—

(a)where the disclosure is necessary to comply with—

(i)any duty imposed by these Regulations; or

(ii)any duty imposed by Part 5 of the Housing Act 2004 or any regulations made under that Part;

(b)where the disclosure is authorised by Part 7;

(c)where the disclosure is for a purpose legitimately connected with a prospective buyer’s or tenant’s decision whether to buy or rent the building;

(d)where the disclosure is by or to an accreditation scheme operator for a purpose legitimately connected to its accreditation functions;

(e)where the disclosure is by or to an enforcement authority for a purpose legitimately connected to their duty under regulation 38(2);

(f)where the disclosure is by or to the Secretary of State for—

(i)the purpose of enabling her to monitor the application and enforcement of, and compliance with, the duties imposed by these Regulations; or

(ii)statistical or research purposes,

provided that no particular property is identifiable from the information disclosed;

(g)where the disclosure is for the purpose of—

(i)preventing or detecting crime;

(ii)apprehending or prosecuting offenders;

(iii)establishing, exercising or defending legal rights; or

(iv)complying with an order of a court.

(3) Paragraph (1) does not apply to any disclosure of a document or any information derived from it by any person who, at the time of the disclosure, is, or is acting on behalf of, an owner or tenant of the building to which the document relates.

(4) This regulation applies to the following documents—

(a)an energy performance certificate or a copy of such a certificate; and

(b)a recommendation report or a copy of such a report,

and any data collected by an energy assessor for the purposes of preparing such a document shall be treated as part of that document for the purposes of this regulation.

(5) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources