The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

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Version Superseded: 09/01/2013

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2.—(1) In these Regulations—

“accreditation scheme” means a scheme approved by the Secretary of State in accordance with—

(a)

regulation 25; or

(b)

regulation [F130 of the Building Regulations 2010];

“advisory report” means a report issued by an energy assessor pursuant to regulation 19;

“air-conditioning system” means a combination of all the components required to provide a form of air treatment in which the temperature is controlled or can be lowered, and includes systems which combine such air treatment with the control of ventilation, humidity and air cleanliness;

“asset rating” means a numerical indicator of the amount of energy estimated to meet the different needs associated with a standardised use of a building, calculated according to the methodology approved by the Secretary of State pursuant to regulation [F224 of the Building Regulations 2010];

[F3“authorised recipient” means—

(a)

either House of Parliament (or a member or officer thereof);

(b)

a government department;

(c)

a person or body (other than a government department or the Welsh Ministers) to which section 6 of the National Audit Act 1983(1) applies;

(d)

the Welsh Ministers;

(e)

the National Assembly for Wales;

(f)

the Scottish Parliament, the Scottish Executive, an office-holder in the Scottish Administration or a Scottish Public Authority;

(g)

the Northern Ireland Assembly or a Northern Ireland Department;

(h)

a county council, district council or parish council in England;

(i)

a London borough council;

(j)

the Common Council of the City of London;

(k)

the Greater London Authority;

(l)

a local authority within the meaning of section 61 of the Local Government in Scotland Act 2003;

(m)

a local authority within the meaning of section 175 of the Local Government (Wales) Measure 2011;

(n)

a council of a district or borough within the meaning of the Local Government Act (Northern Ireland) 1972;

(o)

a university, including a university college (or any institution in the nature of a college in a university) or a school or hall of a university;

(p)

a provider of higher education as defined in section 579(1) of the Education Act 1996(7) (“the 1996 Act”) (other than one mentioned in paragraph (o) above);

(q)

a provider of further education as defined in section 2(3) to (5) of the 1996 Act;

(r)

a charity whose purposes include—

(i)

the conduct of research into the earth’s climate or environment or research into the construction, design or use of buildings, or

(ii)

the promotion of energy efficiency in buildings;

(s)

a registered provider of social housing;

(t)

a person who operates an accreditation scheme approved by the Secretary of State under regulation 25;

(u)

a green deal relevant person;

(v)

the holder of a licence under section 6(1)(c) or (d) of the Electricity Act 1989(9) (distribution and supply licences) which has been modified by the Secretary of State under section 41(1) of the Energy Act 2008 (power to amend licence conditions etc: feed-in tariffs); and

(w)

a person (other than a natural person) who is certificated under the scheme known as the “Microgeneration Certification Scheme,]

“building” means a roofed construction having walls, for which energy is used to condition the indoor climate, and a reference to a building includes a reference to a part of building which has been designed or altered to be used separately;

[F4“bulk access data” means any data entered onto a register as required by regulation 31(2);]

“display energy certificate” means a certificate which complies with regulation 17;

“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling;

“energy assessor” means an individual who is a member of an accreditation scheme;

“energy performance certificate” means a certificate which complies with regulation 11(1) of these Regulations or regulation [F529 of the Building Regulations 2010];

[F6“general access data” means information that is required by these Regulations to be included in an energy performance certificate, a display energy certificate or an inspection report, or is included in a recommendation report or an advisory report;]

[F6“green deal relevant person” means a person who, after the coming into force of framework regulations made under section 3(1) of the Energy Act 2011—

(a)

is authorised by the Secretary of State to act as a green deal provider pursuant to those regulations,

(b)

is a body specified or authorised for the purposes of subsection (1)(a) of that section, or

(c)

operates a scheme for the purpose of assessing whether persons are qualified to act as advisors in relation to green deal plans;]

[F6“green deal plan” means an energy plan which is a green deal plan in accordance with section 1(3) of the Energy Act 2011;]

F7...

“inspection report” means a report issued by an energy assessor in accordance with regulation 22(1);

[F8“keeper of the register” means the Secretary of State, or the person keeping a register on the Secretary of State’s behalf;]

“penalty charge notice” means a notice given pursuant to regulation 40;

[F9“personal data” has the meaning given in section 1(1) of the Data Protection Act 1998(12);]

“recommendation report” means the recommendation report required by regulation 10, and includes a report issued by an energy assessor for the purposes of regulation [F1029(5) of the Building Regulations 2010] F11...;

[F12“register” means a register required to be maintained under regulation 31;]

“relevant person” means—

(a)

in relation to a building which is to be sold, the seller;

(b)

in relation to a building which is to be rented out, the prospective landlord;

(c)

in relation to a building in circumstances where regulation 9 applies, the person responsible for carrying out the construction work; and

(d)

in relation to an air-conditioning system, the person who has control of the operation of the system.

F13...

(2) Unless otherwise defined in these Regulations, terms used in these Regulations have the same meaning as in European Parliament and Council Directive 2002/91/EC on the energy performance of buildings(1).

Textual Amendments

F1Words in reg. 2(1) substituted (1.10.2010) by The Building Regulations 2010 (S.I. 2010/2214), reg. 1, Sch. 6 para. 2(a)(i) (with reg. 9)

F2Words in reg. 2(1) substituted (1.10.2010) by The Building Regulations 2010 (S.I. 2010/2214), reg. 1, Sch. 6 para. 2(a)(ii) (with reg. 9)

F3Words in reg. 2 inserted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2012 (S.I. 2012/809), regs. 1(3), 3(a)

F4Words in reg. 2 inserted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2012 (S.I. 2012/809), regs. 1(3), 3(b)

F5Words in reg. 2(1) substituted (1.10.2010) by The Building Regulations 2010 (S.I. 2010/2214), reg. 1, Sch. 6 para. 2(a)(iii) (with reg. 9)

F6Words in reg. 2 inserted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2012 (S.I. 2012/809), regs. 1(3), 3(c)

F7Words in reg. 2(1) omitted (2.7.2007) by virtue of The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2007 (S.I. 2007/1669), regs. 1(3), 3(2)

F8Words in reg. 2 inserted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2012 (S.I. 2012/809), regs. 1(3), 3(d)

F9Words in reg. 2 inserted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2012 (S.I. 2012/809), regs. 1(3), 3(e)

F10Words in reg. 2(1) substituted (1.10.2010) by The Building Regulations 2010 (S.I. 2010/2214), reg. 1, Sch. 6 para. 2(a)(iv) (with reg. 9)

F11Words in reg. 2(1) omitted (1.10.2010) by virtue of The Building (Approved Inspectors etc. ) Regulations 2010 (S.I. 2010/2215), reg. 1, Sch. 9 para. 2