The Local Authorities’ Plans and Strategies (Disapplication) (England) (Amendment) Order 2009

Amendment of article 4

5.  In article 4 (disapplication of duty to submit home energy conservation reports)—

(a) in paragraph (1), after “excellent” insert “, 4 stars or 3 stars”;

(b) after paragraph (2) insert—

“(2A) Where at the date that the 2009 Order comes into force a 3 stars or 4 stars authority have prepared a report and published and sent it to the Secretary of State in accordance with section 2(6) of the Act, section 3(2) of the Act shall not apply in relation to that authority.”;

(c) for paragraph (3) substitute—

“(3) Paragraph (4) applies where—

(a) an energy conservation authority cease to fall, or to be treated as falling, within paragraph (1), and

(b) the cessation is not by reason only of the expiration of a period previously specified under paragraph (4).”;

(d) for paragraph (4) substitute—

“(4) Where this paragraph applies, the authority shall be treated for the purposes of paragraph (1) as continuing to be an authority falling within that paragraph for a period of one year beginning with the date of the cessation mentioned in paragraph (3).”.