The Energy Performance of Buildings (Scotland) Regulations 2008

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Interpretation

This section has no associated Executive Note

2.—(1) In these Regulations–

“approved organisation” has the meaning given in regulation 8(1);

“asset rating” means a numerical indicator of the estimated amount of–

(a)

energy consumed; and

(b)

carbon dioxide emitted,

to meet the different needs associated with a standardised use of the building [F1or building unit], such estimate being made in accordance with a method of calculation approved under regulation 7(a);

[F2“authorised recipient” means a person or body specified in Part 1 of Schedule 1;]

F3...

“dwelling” has the same meaning as regulation 2 of the Building (Scotland) Regulations 2004 M1;

[F4“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;]

“energy performance certificate” means a certificate which complies with regulation 6;

[F5“energy performance data” means information needed to produce an energy performance certificate or a recommendations report [F6and for the purposes of regulations 11 to 14 includes the report reference number relating to that energy performance certificate];]

[F7“energy performance indicator” means an indication of the energy efficiency or performance rating of a building or building unit calculated using the methodology approved in accordance with regulation 7 and expressed on a scale of A to G (with G representing the lowest rating);]

“enforcement authority” has the meaning given in regulation 15(1);

[F8“excluded building” means—

(a)

a building owned, occupied or used from time to time by any of the naval, military or air forces of the Crown, the Security Service, the Secret Intelligence Service. the Government Communications Headquarters or the Royal Family; or

(b)

used for the purpose of a prison or a young offenders institution (within the meaning of section 19(1)(b) of the Prisons (Scotland) Act 1989);]

[F8“Framework Regulations” means the Green Deal Framework (Disclosure, Acknowledgement, Redress etc.) Regulations 2012;]

[F9“green deal information” means the information relating to a green deal plan specified in Schedule 2;]

[F8“green deal plan” has the same meaning as in section 1 of the Energy Act 2011;]

[F10“green deal property” means a property in respect of which there is a green deal plan and payments are still to be made under that green deal plan;

“green deal provider” means a person who is authorised by the Secretary of State in accordance with Part 2 of the Framework Regulations to act as a green deal provider;]

[F11“green deal relevant person” means—

(a)

a green deal provider; or

(b)

a person who is authorised as a green deal assessor certification body in accordance with Part 2 of the Framework Regulations;]

[F12“house” has the same meaning as in regulation 2 of the Building (Scotland) Regulations 2004;]

“local authority” means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 M2;

“keeper” means the Scottish Ministers or a person appointed by the Scottish Ministers to keep a register on their behalf in accordance with regulation 10;

“owner”, other than in regulation 9, means–

(a)

in relation to a building [F13or building unit] which is to be sold, the seller; and

(b)

in relation to a building [F13or building unit] which is to be let, the prospective landlord;

[F14“payment period” has the meaning given in regulation 2(1) of the Framework Regulations;]

“prospective buyer” and “prospective tenant” have the meaning given in regulation 3;

[F15“recommendations report” has the meaning given in regulation 6A;]

“reference value” means such current legal standard or benchmark which makes it possible to compare and assess the energy performance of the building [F16or building unit]; and

[F17“report reference number” means the unique reference under which the energy performance data relating to an energy performance certificate for a building or building unit is entered onto the register;]

F18...

(2) Unless otherwise defined in these Regulations, terms used in these Regulations have the same meaning as in Directive [F192010/31/EU] of the European Parliament and of the Council on the energy performance of buildings M3.

Textual Amendments

F1Words in reg. 2(1) inserted (1.10.2012) by The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 (S.S.I. 2012/208), regs. 1(1), 3(a)(i) (with reg. 19)

F2Words in reg. 2(1) inserted (21.12.2012) by The Energy Performance of Buildings (Scotland) Amendment (No. 3) Regulations 2012 (S.S.I. 2012/315), regs. 1, 3(a)

F3Words in reg. 2(1) omitted (1.10.2012) by virtue of The Energy Performance of Buildings (Scotland) Amendment Regulations 2012 (S.S.I. 2012/190), regs. 1, 3(a)

F4Words in reg. 2(1) inserted (21.12.2012) by The Energy Performance of Buildings (Scotland) Amendment (No. 3) Regulations 2012 (S.S.I. 2012/315), regs. 1, 3(b)

F5Words in reg. 2(1) inserted (1.10.2012) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2012 (S.S.I. 2012/190), regs. 1, 3(b)

F6Words in reg. 2 inserted (27.1.2013) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2013 (S.S.I. 2013/12), regs. 1, 3(1)(a)

F7Words in reg. 2(1) inserted (1.10.2012) by The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 (S.S.I. 2012/208), regs. 1(1), 3(a)(ii) (with reg. 19)

F8Words in reg. 2(1) inserted (21.12.2012) by The Energy Performance of Buildings (Scotland) Amendment (No. 3) Regulations 2012 (S.S.I. 2012/315), regs. 1, 3(c)

F9Words in reg. 2 inserted (27.1.2013) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2013 (S.S.I. 2013/12), regs. 1, 3(1)(b)

F10Words in reg. 2 inserted (27.1.2013) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2013 (S.S.I. 2013/12), regs. 1, 3(1)(c)

F11Words in reg. 2 substituted (27.1.2013) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2013 (S.S.I. 2013/12), regs. 1, 3(1)(d)