Draft Regulations laid before the Scottish Parliament under section 17(1)(a) of the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 for approval by resolution of the Scottish Parliament.
2020 No.
The Fuel Poverty (Enhanced Heating) (Scotland) Regulations 2020
Made
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 3(4) of the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 20191 and all other powers enabling them to do so.
In accordance with section 17(2) and (3) of that Act they have consulted with individuals who are living, or have lived, in fuel poverty.
In accordance with section 17(1)(a) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
These Regulations may be cited as the Fuel Poverty (Enhanced Heating) (Scotland) Regulations 2020 and come into force on the day after the day on which they are made.
Interpretation2
In these Regulations—
“the 2019 Act” means the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019,
“enhanced heating temperatures” means the requisite temperatures in section 3(3)(a)(i) of the 2019 Act,
“standard heating temperatures” means the requisite temperatures in section 3(3)(a)(ii) of the 2019 Act,
“enhanced heating hours” means the requisite number of hours in section 3(3)(b)(i) of the 2019 Act,
“standard heating hours” means the requisite number of hours in section 3(3)(b)(ii) of the 2019 Act,
“cold” means—
- a
for the purposes of regulations 3 and 4, when heating is required to bring the dwelling up to the enhanced heating temperatures,
- b
for the purposes of regulation 5, when heating is required to bring the dwelling up to the standard heating temperatures,
- a
“benefits received for a care need or disability” has the meaning given by section 3(10)(b) of the 2019 Act, and has the meaning given by section 3(10)(b) of the 2019 Act, and
“household” has the meaning given by section 3(10)(d) of the 2019 Act.
Enhanced Heating Regime 13
Enhanced heating temperatures and enhanced heating hours are appropriate for households where both—
a
the dwelling is frequently occupied during the morning or afternoon or both on weekdays by any member of the household when it is cold, and
b
any member of the household meets one or more of the following criteria—
i
has a physical or mental health condition or illness which has lasted or is expected to last for a minimum period of 12 months,
ii
is in receipt of benefits received for a care need or disability,
iii
is 75 years old or over.
Enhanced Heating Regime 24
Enhanced heating temperatures and standard heating hours are appropriate for households where both—
a
the dwelling is not frequently occupied during the morning or afternoon or both on weekdays by any member of the household when it is cold, and
b
any member of the household meets one or more of the following criteria—
i
has a physical or mental health condition or illness which has lasted or is expected to last for a minimum period of 12 months,
ii
is in receipt of benefits received for a care need or disability,
iii
is 75 years old or over.
Enhanced Heating Regime 35
Standard heating temperatures and enhanced heating hours are appropriate for households where—
a
the dwelling is frequently occupied during the morning or afternoon or both on weekdays by any member of the household when it is cold,
b
any member of a household is a child aged 5 years old or under, and
c
the household is not a household for which enhanced heating temperatures and enhanced heating hours are appropriate under regulation 3.
(This note is not part of the Regulations)