The Home Energy Efficiency Schemes (Wales) (Amendment) Regulations 2010

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Home Energy Efficiency Scheme (Wales) Regulations 2007 (S.I. 2007/375 (W. 35)). The 2007 Regulations establish two grant schemes: the Home Energy Efficiency Scheme (“HEES”) and the Home Energy Efficiency Plus Scheme (“HEES Plus”). In addition to minor amendments, the following amendments of substance are made to the 2007 Regulations.

Regulation 4 amends the definition of “HEES” and “HEES Plus” so that the categories of works available under each Scheme are now set out in the Regulations; and so that the categories of works in respect of which grant can be paid in certain circumstances, is extended to include all of the works described in the 2007 Regulations. The extended categories of works will be available under HEES and HEES Plus if the dwelling which is the subject of a works application is privately owned or privately rented and if the area agency is satisfied that, using the methodology approved by the Secretary of State under the Building Regulations 2000 (S.I. 2000/2531), the dwelling is calculated to have a low energy performance rating; that is to say, an asset rating of 38 or less.

Regulation 6 adds solid wall insulation to the description of works for which grant can be paid. Regulation 6 also amends regulation 6 of the 2007 Regulations so that where a grant application has been approved for any of the main works described in regulation 6(1), a grant can also be approved for additional minor works to reduce or prevent the wastage of energy in a dwelling. To be eligible for grant, the minor works must be such that the area agency considers them to be practicable, cost-effective and reasonable in the circumstance of the particular case in question.

Regulation 7 amends regulation 7 of the 2007 Regulations, which deals with the maximum amount of grant available under the schemes. The effect of the amendment is to prescribe £12,000 as the maximum amount of grant which can be made in respect of any one dwelling. The new grant maximum applies only in respect of a dwelling which is privately owned or privately rented and if the area agency is satisfied that, using the methodology approved by the Secretary of State under the Building Regulations 2000 (S.I. 2000/2531), the dwelling is calculated to have an energy performance rating which is poor; that is to say, an asset rating of 38 or less.

Regulation 8 makes transitional provision so that the amendments made by these Regulations apply to a grant application made before the date on which these Regulations come into force, if the decision to approve or reject the application in question falls to be made after that date.