1. These Regulations may be cited as the Home Energy Efficiency Scheme (Scotland) Regulations 2006 and shall come into force on 1st January 2007.
2. In these Regulations–
“the 1992 Act” means the Social Security Contributions and Benefits Act 1992(1);
“administering agency” means a person or a body of persons appointed under regulation 3(1);
“dwelling” does not include a caravan, mobile home or houseboat;
“energy advice” means advice on reducing or preventing the wastage of energy in a dwelling;
“partner” means a spouse or civil partner or any person who lives with the applicant as husband or wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex;
“registered installer” means a person or body of persons appointed under paragraph 8 of Schedule 1;
“roof space” means space between the roof of a dwelling and the ceiling of any room used or available for use for the purpose of living accommodation, that space not being wholly separated from the roof by any other room; and
“service occupant” means a tenant who occupies a dwelling in terms of a contract of employment.
3. –
(1) The Scottish Ministers shall appoint a person or body of persons, known as an administering agency, to perform such functions as they may determine for the purpose of, or otherwise in connection with, the making of grants towards the cost of works specified in regulations 8 and 13.
(2) Schedule 1 shall have effect with respect to each administering agency.
4. –
(1) Works for which a grant is made shall only be carried out by persons appointed by the administering agency.
(2) If access is not made available to the dwelling or the applicant for a grant fails to co-operate with the administering agency or its agents to allow works to be carried out, a grant may be withdrawn.
(3) If the applicant occupies a dwelling as a tenant the grant shall only be made if the landlord consents to the work.
5. An application for a grant shall be made to the administering agency.
6. –
(1) Subject to paragraph (2), the Regulations listed in Schedule 2 in so far as they apply to Scotland are hereby revoked.
(2) Those Regulations shall continue to apply in any case where an application for a grant was made and approved under those Regulations on or before 31st December 2006.
(3) These Regulations shall apply to applications for a grant made, but not approved, on or before 31st December 2006.