The Energy Performance of Buildings (Certificates and Inspections)(England and Wales)(Amendment) Regulations 2012

Amendment of the Principal Regulations

3.  In regulation 2—

(a) after the definition of “asset rating” insert—

““authorised recipient” means—

(a)

either House of Parliament (or a member or officer thereof);

(b)

a government department;

(c)

a person or body (other than a government department or the Welsh Ministers) to which section 6 of the National Audit Act 1983(1) applies;

(d)

the Welsh Ministers;

(e)

the National Assembly for Wales;

(f)

the Scottish Parliament, the Scottish Executive, an office-holder in the Scottish Administration or a Scottish Public Authority(2);

(g)

the Northern Ireland Assembly or a Northern Ireland Department(3);

(h)

a county council, district council or parish council in England;

(i)

a London borough council;

(j)

the Common Council of the City of London;

(k)

the Greater London Authority;

(l)

a local authority within the meaning of section 61 of the Local Government in Scotland Act 2003(4);

(m)

a local authority within the meaning of section 175 of the Local Government (Wales) Measure 2011(5);

(n)

a council of a district or borough within the meaning of the Local Government Act (Northern Ireland) 1972(6);

(o)

a university, including a university college (or any institution in the nature of a college in a university) or a school or hall of a university;

(p)

a provider of higher education as defined in section 579(1) of the Education Act 1996(7) (“the 1996 Act”) (other than one mentioned in paragraph (o) above);

(q)

a provider of further education as defined in section 2(3) to (5) of the 1996 Act;

(r)

a charity whose purposes include—

(i)

the conduct of research into the earth’s climate or environment or research into the construction, design or use of buildings, or

(ii)

the promotion of energy efficiency in buildings;

(s)

a registered provider of social housing(8);

(t)

a person who operates an accreditation scheme approved by the Secretary of State under regulation 25;

(u)

a green deal relevant person;

(v)

the holder of a licence under section 6(1)(c) or (d) of the Electricity Act 1989(9) (distribution and supply licences) which has been modified by the Secretary of State under section 41(1) of the Energy Act 2008 (power to amend licence conditions etc: feed-in tariffs)(10); and

(w)

a person (other than a natural person) who is certificated under the scheme known as the “Microgeneration Certification Scheme(11)””;

(b) after the definition of “building” insert—

““bulk access data” means any data entered onto a register as required by regulation 31(2);”.

(c) after the definition of “energy performance certificate” insert—

““general access data” means information that is required by these Regulations to be included in an energy performance certificate, a display energy certificate or an inspection report, or is included in a recommendation report or an advisory report;

“green deal relevant person” means a person who, after the coming into force of framework regulations made under section 3(1) of the Energy Act 2011—

(a)

is authorised by the Secretary of State to act as a green deal provider pursuant to those regulations,

(b)

is a body specified or authorised for the purposes of subsection (1)(a) of that section, or

(c)

operates a scheme for the purpose of assessing whether persons are qualified to act as advisors in relation to green deal plans;

“green deal plan” means an energy plan which is a green deal plan in accordance with section 1(3) of the Energy Act 2011;”;

(d) after the definition of “inspection report” insert—

““keeper of the register” means the Secretary of State, or the person keeping a register on the Secretary of State’s behalf;”;

(e) after the definition of “penalty charge notice” insert—

““personal data” has the meaning given in section 1(1) of the Data Protection Act 1998(12);”;

(f) after the definition of “recommendation report” insert—

““register” means a register required to be maintained under regulation 31;”.

(1)

1983 c. 44. Section 6 was repealed in relation to Scotland by the Scotland Act 1998, section 125 and Schedule 8; and was amended by: the Government of Wales Act 1998, section 100(5); the Government Resources and Accounts Act 2000, s29(1) and Schedule 1; the Health and Social Care (Community Health and Standards) Act 2003, section 34 and Schedule 4; the Government of Wales Act 2006, section 160(1) and Schedule 10; and the National Health Service (Consequential Provisions) Act 2006, s8(2).

(2)

See the Scotland Act 1998 sections 1, 44 and 126(1) and (6) to (8).

(3)

See sections 4(5) and 21 of the Northern Ireland Act 1998.

(4)

2003 asp 1. There are amendments to section 61 not relevant to these Regulations.

(5)

2011 nawm 4.

(6)

1972 c. 9 (an act of the Parliament of Northern Ireland).

(7)

Section 579(1) has been amended in ways not relevant to these Regulations. The definition there of “higher education” refers to Schedule 6 to the Education Reform Act 1988 (c. 40).

(8)

See section 80 of the Housing and Regeneration Act 2008 (c. 17).

(9)

1989 c.29. Section 6(1)(c) was amended by section 197(9) of and Schedule 23 to the Energy Act 2004.

(10)

2008 c. 32.

(11)

For details of this scheme see: http://www.microgenerationcertification.org.

(12)

1998 c. 29. Section 1(1) has been amended by sections 68 and 86 of and Schedule 8 to the Freedom of Information Act 2000.