http://www.legislation.gov.uk/uksi/2012/3118/regulation/39The Energy Performance of Buildings (England and Wales) Regulations 2012texttext/xmlenBUILDING AND BUILDINGS, ENGLAND AND WALESStatute Law Database2025-01-10Expert Participation2025-01-01 These Regulations consolidate the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (“the 2007 Regulations”) with subsequent amendments to them since the 2007 Regulations came into force. The 2007 Regulations enacted for England and Wales requirements of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (“the original Directive”). They were subsequently amended to add other provision not required by the original Directive. These Regulations, in addition to consolidation, enact for England and Wales where necessary new requirements in Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast) (“the recast Directive”). They also make amendments both to provisions which enacted the original Directive and to other provisions. The EPB Directive lays down requirements regarding energy performance certificates, display of certificates in large public buildings, and regular inspection of air-conditioning systems. PART 7391If, within the period specified under regulation 36(3)(c) (or that period as extended under regulation 36(5)), the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review, the authority shall—aconsider any representations made by the recipient and all other circumstances of the case;bdecide whether to confirm or withdraw the notice; andcgive notice of their decision to the recipient.2A notice confirming the penalty charge notice must also state the effect of regulations 40 and 41.3If the authority are not satisfied that—athe recipient committed the breach of duty specified in the notice;bthe notice was given within the time allowed by regulation 36(2) and complies with the other requirements imposed by these Regulations; andcin the circumstances of the case it was appropriate for a penalty charge notice to be given to the recipient,they shall withdraw the penalty charge notice.