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The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016

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Amendments to regulation 2

This section has no associated Explanatory Memorandum

3.  In regulation 2 (interpretation)—

(a)for the definition “asset rating” substitute—

“asset rating” means an energy performance indicator determined from the amount of energy estimated to meet the different needs associated with a standardised use of a building;;

(b)omit the definition “authorised recipient”;

(c)in the definition “bulk access data” after “regulation 27(2)” insert “, (3) or (4B)”;

(d)for the definition “display energy certificate” substitute—

“display energy certificate” means a certificate which—

(a)

complies with regulation 15; or

(b)

in the case of a certificate issued in respect of an excluded building under regulation 15A, complies with regulation 15A(2);

(e)after the definition “energy from renewable sources” insert the following definition—

“energy performance” in relation to a building means the calculated or measured amount of energy needed to meet the energy demand associated with a typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, hot water and lighting;;

(f)in the definition “energy performance certificate”—

(i)omit “or” after paragraph (b),

(ii)after paragraph (b) insert—

(ba)in the case of a certificate issued in respect of an excluded building under regulation 9A, complies with the requirements of regulation 9A(2) of these Regulations; or, and

(iii)in paragraph (c) before “complies” add “in the case of a certificate entered on the register before 6th April 2016”;

(g)after the definition “energy performance certificate” insert the following definition—

“excluded building” means a building owned, occupied or used by or for the purposes of—

(a)

the Security Service, the Secret Intelligence Service or the Government Communications Headquarters;

(b)

any of the armed forces;

(c)

the Royal Family;

(d)

a prison;

(e)

a contracted out prison within the meaning of the Criminal Justice Act 1991(1); or

(f)

a young offender institution;;

(h)for the definition “inspection report” substitute—

“inspection report” means a report—

(a)

issued by an energy assessor in accordance with regulation 19(1); or

(b)

in the case of a report issued in respect of an excluded building, issued by an energy assessor in accordance with regulation 19A(2);;

(i)for the definition “operational rating” substitute—

“operational rating” means an energy performance indicator determined from the amount of energy consumed during the occupation of a building over a period of time and the energy demand associated with a typical use of the building over that period;;

(j)in the definition “report reference number”—

(i)after “energy performance certificate” insert “issued by an energy assessor under regulation 9”, and

(ii)after “display energy certificate” insert “issued by an energy assessor under regulation 15”.

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