The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012

CHAPTER 3 Requirements which apply to green deal providers

Requirements which apply to green deal providers

24.—(1) A green deal provider must—

(a) comply with any provisions of the code of practice which apply to green deal providers;

(b) enter into and comply with the Green Deal Arrangements Agreement;

(c) participate in the Green Deal Ombudsman Scheme;

(d) provide the Secretary of State, in such form as may be specified by the Secretary of State—

(i) at the time it complies with section 8(4) in relation to a green deal plan, with the information in paragraph (2);

(ii) each year, in respect of the reporting period, with a report containing the information listed in Schedule 2.

(2) The information to be provided under paragraph (1)(d)(i) is—

(a) if known by the green deal provider, which of the following occupied the property at the time the plan was entered into—

(i) the relevant title holder;

(ii) a tenant under a lease of the property;

(iii) a licensee under a licence of the property;

(iv) an occupier;

(b) where the property was occupied by a tenant at the time the plan was entered into, information on the type of that lease, if known by the green deal provider;

(c) the total amount payable by the improver and the bill payer in respect of the improvements, including any amount payable—

(i) in respect of the installation of the improvements; and

(ii) which is not a green deal instalment;

(d) whether the green deal provider gave the improver or bill payer any cash advance or other incentive to enter into the plan, and details of any such incentive;

(e) details of the green deal installer who installed the improvements;

(f) where the property is a non-domestic property, the type of business that was to be carried on at the property after installation of the improvements.

(3) A report under paragraph (1)(d)(ii) must be provided by 30th November immediately after the end of the reporting period.

(4) The requirement in paragraph (1)(a) applies in relation to an energy plan which the parties to it intended to be a green deal plan, whether or not it became a green deal plan.

Notifications concerning consumer credit

25.  A green deal provider authorised in relation to domestic properties must notify the Secretary of State as soon as is reasonably practicable if—

(a) its consumer credit licence is revoked; or

(b) it ceases to be a person not required to hold a consumer credit licence by virtue of section 21 of the 1974 Act(1).

Ensuring energy plans are green deal plans and that instalments can be collected on energy bills

26.—(1) Where a green deal provider is to enter into an energy plan which the parties to it intend to be a green deal plan, the provider must ensure that the following are complied with—

(a) the requirements in section 1(4)(a), (b) and (e); and

(b) the conditions set out in section 4(2) to (9) and 5(2) to (4) and regulations 27, 28 and 30 to 36.

(2) Before the first instalment under a green deal plan is collected by the relevant energy supplier, the green deal provider in respect of that plan must ensure that—

(a) the improvements have been installed in accordance with section 7; and

(b) the conditions in section 8(2) and (4) have been met.

(1)

1974 c.39; section 21 was amended by the Consumer Credit Act 2006 (c.14), section 33(1). It is also amended by the Energy Act 2011 (c.16), section 26, which has not yet been commenced.