Part 1Energy efficiency

CHAPTER 2Private rented sector: England and Wales

Non-domestic energy efficiency regulations

51Sanctions for the purposes of non-domestic energy efficiency regulations

1

Non-domestic energy efficiency regulations may include provision for the purpose of securing compliance with requirements imposed on landlords by or under the regulations.

2

Provision falling within subsection (1) includes, in particular, provision—

a

for a local weights and measures authority to enforce any requirement imposed by or under the regulations;

b

about the sanctions for non-compliance with a requirement imposed by or under the regulations;

c

about the sanctions for the provision of false information in connection with such a requirement;

including, in cases falling within paragraph (b) or (c), the imposition of a civil penalty by a local weights and measures authority.

3

Where non-domestic energy efficiency regulations make provision for a civil penalty, the regulations must also include provision for a right of appeal to a court or tribunal against the imposition of the penalty.

4

Provision falling within subsection (3) includes, in particular, provision—

a

as to the jurisdiction of the court or tribunal to which an appeal may be made;

b

as to the grounds on which an appeal may be made;

c

as to the procedure for making an appeal (including any fee which may be payable);

d

suspending the imposition of the penalty, pending determination of the appeal;

e

as to the powers of the court or tribunal to which an appeal is made;

f

as to how any sum payable in pursuance of a decision of the court or tribunal is to be recoverable.

5

The provision referred to in subsection (4)(e) includes provision conferring on the court or tribunal to which an appeal is made power—

a

to confirm the penalty;

b

to withdraw the penalty;

c

to vary the amount of the penalty;

d

to award costs.

6

If the Secretary of State considers it appropriate for the purpose of, or in consequence of, any provision falling within subsection (4)(a), (c), (e) or (f), non-domestic energy efficiency regulations may revoke or amend any subordinate legislation in so far as the subordinate legislation extends to England and Wales.

7

In this section “subordinate legislation” has the meaning given in section 21(1) of the Interpretation Act 1978 and includes an instrument made under a Measure or Act of the National Assembly for Wales.