Part 1 E+W+S Energy efficiency

CHAPTER 5 E+W+S Information about energy consumption, efficiency and tariffs

Energy performance certificates E+W+S

74 Access to register of energy performance certificates etc: England and Wales E+W

(1) The Secretary of State may make regulations for the purpose of authorising the person keeping a register to disclose, in accordance with the provision made in the regulations, the documents or data entered onto the register.

(2) The power under subsection (1) may be exercised, in particular, to make provision—

(a) excluding a document or data, or a specified part of a document or data, from disclosure where the document or data relates to a specified description of buildings;

(b) excluding a document or data, or a specified part of a document or data, from disclosure to a specified description of persons;

(c) restricting the number of disclosures made to a specified description of persons;

(d) for a disclosure made to a specified description of persons to be subject to specified conditions;

(e) as to the sanctions for non-compliance with any condition specified by virtue of paragraph (d) (including sanctions preventing or restricting future disclosures);

(f) in consequence of any provision which is made by virtue of paragraphs (a) to (e).

(3) In subsection (1) “a register” means a register maintained under Part 6 of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (S.I. 2007/991).

(4) In subsection (2) “specified” means specified in the regulations made under this section.

(5) Regulations under this section may make different provision for different cases or circumstances or for different purposes.

(6) Regulations under this section are subject to the negative procedure.

(7) For the purposes of this section a reference to the disclosure of a document or data includes a reference to disclosure of information derived from the document or data.

75 Access to register of energy performance certificates etc: Scotland S

(1) The Scottish Ministers may make regulations for the purpose of authorising or requiring the person keeping a register to disclose, in accordance with the provision made in the regulations, the documents or data entered onto the register.

(2) The power under subsection (1) may be exercised, in particular, to make provision—

(a) excluding a document or data, or a specified part of a document or data, from disclosure where the document or data relates to a specified description of buildings;

(b) excluding a document or data, or a specified part of a document or data, from disclosure to a specified description of persons;

(c) restricting the number of disclosures made to a specified description of persons;

(d) for a disclosure made to a specified description of persons to be subject to specified conditions;

(e) as to the sanctions for non-compliance with any condition specified by virtue of paragraph (d) (including sanctions preventing or restricting future disclosures);

(f) in consequence of any provision which is made by virtue of paragraphs (a) to (e).

(3) In subsection (1) “a register” means a register maintained under regulation 10 of the Energy Performance of Buildings (Scotland) Regulations 2008 (S.S.I. 2008/309).

(4) In subsection (2) “specified” means specified in the regulations made under this section.

(5) Regulations under this section may make different provision for different cases or circumstances or for different purposes.

(6) Regulations under this section are subject to the negative procedure.

(7) For the purposes of this section a reference to the disclosure of a document or data includes a reference to disclosure of information derived from the document or data.

Commencement Information

I1 S. 75 in force at 22.6.2012 by S.S.I. 2012/191, art. 2(1)(2)(e)