Part 1Energy efficiency
CHAPTER 2Private rented sector: England and Wales
Domestic energy efficiency regulations
45Sanctions for the purposes of domestic energy efficiency regulations
I11
Domestic energy efficiency regulations may include provision for the purpose of securing compliance with requirements imposed on landlords by or under the regulations.
I12
Provision falling within subsection (1) includes, in particular, provision—
a
for a local authority to enforce any requirement imposed by or under the regulations;
b
about the sanctions for non-compliance with a requirement imposed by or under the regulations;
c
about the sanctions for the provision of false information in connection with such a requirement;
including, in cases falling within paragraph (b) or (c), the imposition of a civil penalty by a local authority.
I13
The amount of any civil penalty provided for by domestic energy efficiency regulations must not exceed £5,000.
I14
Where domestic energy efficiency regulations make provision for the imposition of a civil penalty, the regulations must also include provision for a right of appeal to a court or tribunal against the imposition of the penalty.
5
Provision falling within subsection (4) includes, in particular, provision—
I1a
as to the jurisdiction of the court or tribunal to which an appeal may be made;
I1b
as to the grounds on which an appeal may be made;
c
as to the procedure for making an appeal (including any fee which may be payable);
I1d
suspending the imposition of the penalty, pending determination of the appeal;
I1e
as to the powers of the court or tribunal to which an appeal is made;
I1f
as to how any sum payable in pursuance of a decision of the court or tribunal is to be recoverable.
6
The provision referred to in subsection (5)(e) includes provision conferring on the court or tribunal to which an appeal is made power—
I1a
to confirm the penalty;
I1b
to withdraw the penalty;
I1c
to vary the amount of the penalty;
d
to award costs.
I27
If the Secretary of State considers it appropriate for the purpose of, or in consequence of, any provision falling within subsection (5) (a), (c), (e) or (f), domestic energy efficiency regulations may revoke or amend any subordinate legislation in so far as the subordinate legislation extends to England and Wales.
I18
In this section “subordinate legislation” has the meaning given in section 21(1) of the Interpretation Act 1978 and includes an instrument made under a Measure or Act of the National Assembly for Wales.