The Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008

PART 6 N.I. REGISTER OF DOCUMENTS

Interpretation of Part 6 N.I.

24.  In this Part “keeper of the register” means the person nominated by the Department to keep a register on the Department’s behalf.

Commencement Information

I1 Reg. 24 in operation at 30.6.2008, see reg. 1(3)

Registration of certificates etc. N.I.

25.—(1) The keeper of the register shall maintain one or more registers of the following documents—

(a) energy performance certificates and recommendation reports;

(b) display energy certificates; F1 ...

(c) advisory reports [F2 ; and]

[F3 (d) inspection reports.]

(2) Where an energy assessor issues any of the documents referred to in paragraph (1) he must ensure that it, and the data that was collected to produce it, are entered onto the relevant register before he gives it to the person who requested that he issue it.

(3) Each document entered onto the register—

(a) shall be registered under a unique reference number; and

(b) shall not be altered once registered.

(4) Any document or data entered onto the register must be kept on the register for a period of at least 20 years beginning on the date on which it is entered onto the register.

Textual Amendments

F1 Word in reg. 25(1)(b) deleted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 13(a)

F2 Word in reg. 25(1)(c) substituted for full stop (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 13(b)

F3 Reg. 25(1)(d) inserted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 13(c)

Commencement Information

I2 Reg. 25 in operation at 30.6.2008, see reg. 1(3)

[F4 Fees for entering data onto the register N.I.

25A.   The keeper of the register may charge the following fees for entering data onto the register —

(a) for entering data from which an energy performance certificate which relates to a dwelling may be produced, a fee of £1.86;

(b) for entering data from which—

(i) an energy performance certificate which relates to a building other than a dwelling;

(ii) a display energy certificate; or

(iii) an inspection report,

may be produced, a fee of £9.84.]

Textual Amendments

F4 Reg. 25A inserted (30.4.2019) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/76), regs. 1, 4

Disclosures generally N.I.

26.—(1) The keeper of the register may only disclose any document or data entered onto the register if authorised by this Part.

(2) In this Part, a reference to the disclosure of a document includes a reference to the disclosure of information derived from a document.

Commencement Information

I3 Reg. 26 in operation at 30.6.2008, see reg. 1(3)

Disclosures with reference number N.I.

27.—(1) This regulation applies where any person—

(a) requests the keeper of the register to disclose a particular document; and

(b) provides to the keeper of the register the relevant reference number of the document he is seeking to be disclosed.

(2) The keeper of the register may disclose to such a person—

(a) the document the person requested; and

(b) any document of the same kind relating to the same building or part of a building as the requested document which was registered at any time during the period of 10 years ending on the date of the request.

Commencement Information

I4 Reg. 27 in operation at 30.6.2008, see reg. 1(3)

[F5 Disclosures with address N.I.

27A.— (1) The keeper of the register may disclose a document to any person if the conditions in paragraph (2) are met.

(2) The conditions are that—

(a) a request for disclosure of the document has been made by means of a website operated by the keeper;

(b) the request includes—

(i) the full postal address (excluding the postcode) of the particular building to which the document relates;

(ii) the full postcode of that building; or

(iii) the name of the road or street on which, and the name of the city, town, village or townland in which, the building is located;

(c) where the request is for a document other than a display energy certificate, there is no opt-out in effect in respect of the document;

(d) the particular building to which the document relates is not an excluded building; and

(e) the person requesting the document has not reached such limit for searches as may be imposed by the Department.

(3) The keeper of the register may disclose to such a person—

(a) the document the person requested; and

(b) any document of the same kind relating to the same building or part of a building as the document requested, which was registered at any time during the period of 10 years prior to the date of the request.]

Textual Amendments

F5 Reg. 27A inserted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 14

Disclosures to approved accreditation schemes N.I.

28.  The keeper of the register may disclose to an approved accreditation scheme operator—

(a) any document which was prepared by an energy assessor who was a member of the scheme at the time the document was entered into the register; and

(b) any associated data.

Commencement Information

I5 Reg. 28 in operation at 30.6.2008, see reg. 1(3)

Disclosures to enforcement authorities N.I.

29.  The keeper of the register may disclose any document or data to an authorised officer of an enforcement authority.

Commencement Information

I6 Reg. 29 in operation at 30.6.2008, see reg. 1(3)

Disclosures to the Department N.I.

[F6 30.— (1) The keeper of the register may disclose any document or data to the Department—

(a) for the purpose of enabling the Department to monitor the application and enforcement of, and compliance with, the duties imposed by these Regulations; and

(b) in relation to buildings occupied by public authorities, for the purpose of raising awareness of the energy performance of such buildings.

(2) The keeper of the register may disclose any document or data to the Department either for its own use or for the use of other Departments and Public Authorities—

(a) for statistical or research purposes; or

(b) for the purpose of providing impartial advice on improving the energy performance of buildings;

provided that a property for which an opt-out is in effect or a building that is an excluded building is not identifiable from the data or document disclosed.]

Textual Amendments

F6 Reg. 30 substituted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 15

Commencement Information

I7 Reg. 30 in operation at 30.6.2008, see reg. 1(3)