Part 1

Energy efficiency
CHAPTER 2

Private rented sector: England and Wales

Non-domestic energy efficiency regulations

Sanctions for the purposes of non-domestic energy efficiency regulations
51
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.
S. 51(1)-(3) (4)(a) (b) (d)-(f) (5)(a)-(c) (7) in force at 26.3.2015 by S.I. 2015/880, art. 2, Sch.
S. 51(6) in force at 26.3.2015 for specified purposes by S.I. 2015/880, art. 2, Sch.