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34.—(1) The requirements specified in paragraph (2) shall apply to educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Act(1)).
(2) Those requirements are—
(a)the requirements of regulation 26; and
(b)in circumstances where such a building has a total useful floor area over 1000m2 and undergoes a major renovation, the requirements of—
(i)regulation 4(1)(a) to the extent that it requires compliance with the requirements of Part L of Schedule 1; and
(ii)regulations 23 and 28.
(3) In this regulation, “education buildings and buildings of statutory undertakers” means buildings which—
(a)fall within paragraph (a), (b) or (c) of section 4(1) of the Act;
(b)are roofed constructions having walls;
(c)use energy to condition the indoor climate; and
(d)do not fall within one or more of the following categories—
(i)buildings and monuments officially protected as part of a designated environment or because of their special architectural or historic merit, where compliance with the requirements would unacceptably alter their character or appearance;
(ii)buildings used as places of worship and for religious activities;
(iii)temporary buildings with a planned time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand;
(iv)stand-alone buildings with a total useful floor area of less than 50m2 .
(4) Terms used in this regulation and in European Parliament and Council Directive 2002/91/EC of 16 December 2002 on the energy performance of buildings have the same meaning in this regulation as in the Directive.
Section 4(1) was amended by Part 1 of Schedule 6 to the Airports Act 1986 (c.31), paragraph 59 of Schedule 37 to the Education Act 1996 (c.56), Schedule 31 to the School Standards and Framework Act 1998 (c.31), paragraph 6 of Schedule 21 to the Education Act 2002 (c.32) and Part 2 of the Schedule to S.I. 2001/4050, and is prospectively repealed by section 5(a) of and the Schedule to the Sustainable and Secure Buildings Act 2004 (c.22).
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