The Green Deal (Acknowledgment) (Scotland) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations relate to green deal plans in place under section 1 of the Energy Act 2011 (“the Energy Act”), where payments are still to be made under that plan.

These Regulations make provision relating to the requirement to secure an acknowledgment of a green deal plan where there is or may be a change of electricity bill payer at a green deal property. An acknowledgment is required by section 14(2) of the Act and regulations 44, 46, 48 and 50 of the Green Deal Framework (Disclosure, Acknowledgment and Redress etc.) Regulations 2012(1) (“the Framework Regulations”).

Regulation 1 provides for the commencement of these Regulations.

Regulation 2 defines terms that are used in the Regulations.

Regulation 3 provides for the form of acknowledgment that must be used where a green deal plan contains a term allowing a green deal provider to require early repayment of credit.

Regulation 4 provides for the form of acknowledgment that must be used where a green deal plan does not contain a term allowing a green deal provider to require early repayment of credit.

Regulation 5 provides for circumstances in which a person will not be required to obtain an acknowledgment under section 14(2) of the Act. Where a seller or prospective landlord or licensor has obtained a confirmation under regulation 36 of the Framework Regulations, that person need not comply with section 14 of the Energy Act.

An impact assessment on the Green Deal has been prepared by the UK Government and is available at http://www.decc.gov.uk/media/viewfile.ashx?filetype=4&filepath=11/consultation/green-deal/5533-final-stage-impact-assessment-for-the-green-deal-a.pdf&minwidth=true).

(1)

The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012 were laid before the Parliament of the United Kingdom in draft on 11th June 2012 for approval by resolution of each House of Parliament.