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The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 No. 312

PART 1Introduction

Citation, commencement and application

1.—(1) These Regulations may be cited as the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.

(2) These Regulations come into force on 1st June 2020.

(3) These Regulations apply in England only to—

(a)all new specified tenancies from 1st July 2020; and

(b)all existing specified tenancies from 1st April 2021.

Interpretation

2.  In these Regulations—

“authorised person” means a person authorised in writing by the local housing authority(1) for the purpose of taking remedial action under regulations 6 and 10;

“electrical installation” has the meaning given in regulation 2(1) of the Building Regulations 2010(2);

“electrical safety standards” means the standards for electrical installations in the eighteenth edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as BS 7671: 2018(3);

“existing specified tenancy” means a specified tenancy which was granted before the coming into force of these Regulations;

“new specified tenancy” means a specified tenancy which is granted on or after the coming into force of these Regulations;

“qualified person” means a person competent to undertake the inspection and testing required under regulation 3(1) and any further investigative or remedial work in accordance with the electrical safety standards;

“remedial notice” means a notice served under regulation 4(1) of these Regulations;

“specified tenancy” means a tenancy(4) of residential premises in England which—

(a)

grants one or more persons the right to occupy all or part of the premises as their only or main residence;

(b)

provides for payment of rent (whether or not a market rent); and

(c)

is not a tenancy of a description specified in Schedule 1 to these Regulations;

“urgent remedial action” means such action identified in a report under regulation 3(3) as is immediately necessary in order to remove the danger present and risk of injury.

(1)

See the definition of “local housing authority” in section 123(6) of the Housing and Planning Act 2016.

(2)

S.I. 2010/2214. There are no relevant amendments.

(3)

ISBN-13:978-1-78561-170-4. Copies can be obtained from the Institution of Engineering and Technology, Michael Faraday House, Six Hill Way, Stevenage SG1 2AY.

(4)

See the definition of “tenancy” in section 122(6) of the Housing and Planning Act 2016.

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