Search Legislation

The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2018

What Version

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

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made).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

Statutory Instruments

2018 No. 362

Building And Buildings, England And Wales

The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2018

Made

13th March 2018

Laid before Parliament

15th March 2018

Coming into force

6th April 2018

The Secretary of State is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the environment.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by section 74 of the Energy Act 2011(3).

Citation and commencement

1.—(1) These Regulations may be cited as the Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2018.

(2) These Regulations come into force on 6th April 2018.

Amendment of the Energy Performance of Buildings (England and Wales) Regulations 2012

2.  The Energy Performance of Buildings (England and Wales) Regulations 2012(4) are amended in accordance with the following regulations.

Amendment of regulation 2

3.  In paragraph 1 of regulation 2 (interpretation), omit the definition of “personal data”.

Amendment of regulation 28

4.  In regulation 28 (fees for entering data onto register)—

(a)in paragraph (a), for “£1.82” substitute “£1.86”; and

(b)in paragraph (b), for “£10.12” substitute “£9.84”.

Amendment of regulation 32

5.    In paragraph (2) of regulation 32 (disclosure by keeper of register)—

(a)for “A person keeping a register on the Secretary of State’s behalf” substitute “The keeper of the register”; and

(b)after “may disclose general access data or bulk access data to the Secretary of State” insert “, or to a person acting on behalf of the Secretary of State,”.

Amendment of Schedule B1

6.  In Schedule B1 (specified data items for online publication)—

(a)in paragraph 2, at the end, before the full stop, insert—

,

(qqqqq)the accreditation scheme that lodged the data items specified in this paragraph;

(b)in paragraph 3, at the end, before the full stop, insert—

,

(bb)the accreditation scheme that lodged the data items specified in this paragraph; and

(c)in paragraph 4, at the end, before the full stop, insert—

,

(gg)assessment end date,

(hh)occupancy level,

(ii)the accreditation scheme that lodged the data items specified in this paragraph.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Dominic Raab

Minister of State

Ministry of Housing, Communities and Local Government

13th March 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118) (“the principal regulations”), which implement Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings (recast) (OJ No L 153, 18.6.2010, p. 13).

Regulation 3 removes the definition of “personal data” in regulation 2 of the principal regulations as the term is no longer used in the principal regulations.

Regulation 4 amends fees for entering data onto the register of energy performance certificates, display energy certificates and air conditioning inspection reports kept under regulation 27 (registration of certificates etc) of the principal regulations.

Regulation 5 amends regulation 32 (disclosure by keeper of register) of the principal regulations to clarify that where general or bulk access data may be disclosed by the keeper of the register to the Secretary of State, it may also be disclosed to a person acting on behalf of the Secretary of State.

Regulation 6 adds items to Schedule B1 (specified data items for online publication) to the principal regulations, which lists items taken from the bulk data, that is the whole set of data in relation to any building that is entered onto the register in relation to the production of certificates and reports. The keeper of the register may publish any of those items on a website in accordance with regulation 30A (publication of bulk access data on a website) of the principal regulations, unless the building is the subject of an opt-out by the owner or occupier in accordance with regulation 30(3) (disclosure of general access data).

A privacy impact assessment for the provisions relating to disclosure of information from the register was undertaken before Schedule B1 was inserted in the principal regulations by S.I 2016/284. It is available with the explanatory memorandum for those Regulations at www.legislation.gov.uk/. A copy is also available from the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London SW1P 4DF.

An impact assessment has not been produced for this instrument as no impact, or minimal, impact, on the public, private or voluntary sectors is foreseen.

(2)

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

(4)

S.I. 2012/3118, as amended by S.I. 2016/284, S.I. 2016/888 and S.I. 2017/368; there are other amendments which are not relevant to this instrument.

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