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Energy Act 2023

Contents

Part 10: Energy Performance of Premises

Section 250: Power to make energy performance regulations

  1. This section gives the Secretary of State , Scottish Ministers and Department of Finance in Northern Ireland, the power to make regulations (energy performance regulations) to enable or require the energy usage or the energy efficiency of premises to be assessed, certified, and published and to require that improvements in energy usage or efficiency are identified and recommended.
  2. The section also gives the Secretary of State, Scottish Ministers and Department of Finance in Northern Ireland, the power to make regulations to restrict or prohibit the marketing or disposal of premises where their energy performance has not been assessed, certified, or publicised. Under this section, the Secretary of State, Scottish Ministers and Department of Finance in Northern Ireland, may by regulations confer functions on any person and impose requirements or make provision for securing compliance with requirements under the regulations.
  3. Regulations made under this section may also authorise, restrict or prohibit the supply or keeping of information relating to the energy performance of buildings.
  4. This section will enable the Secretary of State, Scottish Ministers and Department of Finance in Northern Ireland, to amend, revoke or replace their existing energy performance of buildings regimes, which derive from EU law.

Section 251: Energy performance regulations relating to new premises

  1. This section provides that the Secretary of State, Scottish Ministers and Department of Finance in Northern Ireland, may make energy performance regulations in relation to new premises.

Section 252: Sanctions

  1. This section provides more detail on the enforcement provisions that may be made in energy performance regulation. The Secretary of State, Scottish Ministers and Department of Finance in Northern Ireland, may by regulations make provision including the imposition of civil penalties up to a specified maximum amount and for the creation of criminal offences and associated penalties (subject to the limitation set out in the section). Regulations made under this section must provide for a right of appeal against the imposition of a penalty.

Section 253: Regulations under Part 10

  1. This section sets out the procedure to be followed in making energy performance regulation. It also states that regulations under this section may amend primary legislation and may be applied to the Crown.

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