Amendments to the Energy Performance of Buildings (England and Wales) Regulations 20122

1

The Energy Performance of Buildings (England and Wales) Regulations 20124 are amended in accordance with the following paragraphs.

2

In regulation 2(1) (interpretation)—

a

in the definition “accreditation scheme” omit—

i

“; or” at the end of subparagraph (a), and

ii

subparagraph (b);

b

after the definition “energy assessor” insert the following definition—

  • “energy efficiency improvement” has the meaning given in section 2(4) of the Energy Act 20115;

3

For regulation 13 (electronic production of energy performance certificates) substitute—

Electronic service of energy performance certificates etc13

1

A document that is made available or given in accordance with the regulations listed in paragraph (2) may be made available or given electronically if the intended recipient consents to receiving it electronically.

2

Those documents are—

a

an energy performance certificate made available in accordance with regulation 6(2);

b

an energy performance certificate given in accordance with regulation 6(5);

c

an energy performance certificate given in accordance with regulation 7A(2)(a);

d

a notice given to a local authority in accordance with regulation 7A(2)(b).

4

In regulation 29(1) (disclosure of data: general), for “31” substitute “30A”.

5

In regulation 32 (disclosure by keeper of register)—

a

after paragraph (7) insert the following paragraphs—

7A

The keeper of the register may disclose bulk access data which relates to a building to a green deal relevant person if the data is to be used by that person solely for one or more of the following purposes—

a

promoting energy efficiency improvements in relation to buildings;

b

promoting and marketing energy efficiency improvements that may be made pursuant to a green deal plan;

c

determining whether energy efficiency improvements that may be made pursuant to a green deal plan have or have not been made in respect of a particular building or buildings.

7B

The keeper of the register may disclose bulk access data which relates to a building to the Secretary of State, or to a person acting on behalf of the Secretary of State, for one or more of the following purposes—

a

the carrying out of any function of the Secretary of State under—

i

sections 33BC (promotion of reductions in carbon emissions: gas transporters and gas suppliers) or 33BD (promotion of reductions in home-heating costs: gas transporters and gas suppliers) of the Gas Act 19866,

ii

sections 41A (promotion of reductions in carbon emissions: electricity distributors and electricity suppliers) or 41B (promotion of reductions in home-heating costs: electricity distributors and electricity suppliers) of the Electricity Act 19897,

iii

the Green Deal Framework Regulations, or

iv

the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 20158;

b

promoting energy efficiency improvements in relation to buildings.

7C

The keeper of the register may disclose bulk access data which relates to a building to the Gas and Electricity Markets Authority9, or to a person acting on behalf of the Authority, for one or more of the following purposes—

a

the carrying out of any functions of the Authority under the Electricity and Gas (Energy Company Obligation) Order 201410;

b

promoting energy efficiency improvements in relation to buildings.

b

in paragraph (8), after “(7)” insert “, (7A), (7B) or (7C)”.

6

In Schedule B1 (specified data items for online publication)—

a

in paragraph 2—

i

for item (l) substitute—

l

the current primary energy use of the building,

ii

for item (m) substitute—

m

the potential primary energy use of the building,

iii

omit item (cc);

b

in paragraph 3—

i

omit—

aa

item (c),

bb

item (q),

ii

for item (r) substitute—

r

the primary energy use of the building,

iii

after item (x) insert—

xa

the building emission rate of the building,