Part 1Energy efficiency
CHAPTER 2Private rented sector: England and Wales
Tenants' energy efficiency improvements regulations
48Sanctions for the purposes of tenants' energy efficiency improvements regulations
1
Tenants' energy efficiency improvements regulations may include provision for the purpose of securing compliance with requirements imposed on landlords by or under the regulations.
2
Provision falling within subsection (1) includes, in particular, provision for a tenant to apply to a court or tribunal for a ruling that a landlord has not complied with a requirement imposed by or under the regulations.
3
Where the regulations make provision for a tenant to make an application such as is mentioned in subsection (2), the provision may, in particular, include provision—
a
as to the jurisdiction of the court or tribunal to which an application may be made;
b
as to the grounds on which an application may be made;
c
as to the procedure for making an application (including any fee which may be payable);
d
as to the powers of the court or tribunal to which an application is made (including as to costs which may be awarded);
e
as to how any sum payable in pursuance of a decision of the court or tribunal is to be recoverable.
4
Where the regulations make provision for a tenant to make an application such as is mentioned in subsection (2), the regulations must also include provision for a right of appeal by the tenant or landlord against any decision of a court or tribunal on an application.
5
Provision falling within subsection (4) includes, in particular, provision—
a
as to the jurisdiction of the court or tribunal to which an appeal may be made;
b
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);
d
suspending the effect of the decision being appealed against, pending determination of the appeal;
e
as to the powers of the court or tribunal to which an appeal is made;
f
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—
a
to confirm the decision;
b
to quash the decision;
c
to make a different decision;
d
to remit the decision or any matter relating to the decision to the person who made it;
e
to award costs.
7
If the Secretary of State considers it appropriate for the purpose of, or in consequence of, any provision falling within—
a
subsection (3)(a), (c), (d) or (e), or
b
subsection (5)(a), (c), (e) or (f),
tenants' energy efficiency improvements regulations may revoke or amend any subordinate legislation in so far as the subordinate legislation extends to England and Wales.
8
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.