The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 No. 991

PART 6 E+W Register of certificates, recommendation reports and advisory reports

Interpretation of Part 6 E+W

30.  In this Part “keeper of the register” means the Secretary of State or the person keeping a register on the Secretary of State’s behalf.

Commencement Information

I1 Reg. 30 in force at 19.4.2007, see reg. 1(4), Sch. 1

Registration of certificates etc E+W

31.—(1) The Secretary of State shall maintain one or more registers of the following documents—

(a) energy performance certificates and recommendation reports;

(b) display energy certificates; and

(c) advisory reports.

(2) Where an energy assessor issues any of the documents referred to in paragraph (1) he must ensure that it, and the [F1 data which was used to calculate any asset rating or operational rating in it], is entered onto the relevant register before he gives it to the person who requested that he issue it.

(3) Each document entered onto the register—

(a) shall be registered under a unique reference number; and

(b) shall not be altered once registered.

(4) Any document or data entered onto the register must be kept on the register for a period of at least 20 years beginning on the date on which it is entered onto the register.

Textual Amendments

F1 Words in reg. 31(2) substituted (2.7.2007) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2007 (S.I. 2007/1669), regs. 1(3), 3(5)

Commencement Information

I2 Reg. 31 in force at 19.4.2007, see reg. 1(4), Sch. 1

Fees for entering onto register E+W

[F2 32.— (1) The keeper of the register may charge the following fees for entering documents on the register—

(a) for entering an energy performance certificate and recommendation report which relate to a dwelling under regulation 31(1)(a), a fee of £1.15;

(b) for entering an energy performance certificate and recommendation report which relate to any other type of building under regulation 31(1)(a), a fee of £5.36;

(c) for entering a display energy certificate under regulation 31(1)(b), a fee of £5.36; and

(d) for entering both a display energy certificate under regulation 31(1)(b) and an advisory report under regulation 31(1)(c), a fee of £5.36.]

Textual Amendments

F2 Reg. 32 substituted (6.4.2008) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2008 (revoked) 2008 (S.I. 2008/647), regs. 1(3), 2(3)

Commencement Information

I3 Reg. 32 in force at 19.4.2007, see reg. 1(4), Sch. 1

Disclosures generally E+W

33.—(1) The keeper of the register may only disclose any document or data entered onto the register if authorised by this Part.

(2) In this Part, a reference to the disclosure of a document includes a reference to the disclosure of information derived from a document.

Commencement Information

I4 Reg. 33 in force at 19.4.2007, see reg. 1(4), Sch. 1

Disclosures with reference number E+W

34.—(1) This regulation applies where any person—

(a) requests the keeper of the register to disclose a particular document; and

(b) provides to the keeper of the register the relevant reference number of the document he is seeking to be disclosed.

(2) The keeper of the register may disclose to such a person—

(a) the document the person requested; and

(b) any document of the same kind relating to the same building or part of a building as the requested document, which was registered at any time during the period of 10 years ending on the date of the request.

Commencement Information

I5 Reg. 34 in force at 19.4.2007, see reg. 1(4), Sch. 1

Disclosures to approved accreditation schemes E+W

35.  The keeper of the register may disclose to an approved accreditation scheme operator—

(a) any document which was prepared by an energy assessor who was a member of the scheme at the time the document was entered into the register; and

(b) any associated data.

Commencement Information

I6 Reg. 35 in force at 19.4.2007, see reg. 1(4), Sch. 1

Disclosures to enforcement authorities E+W

36.  The keeper of the register may disclose any document or data to an authorised officer of an enforcement authority [F3 or to an authorised officer of a local authority].

Textual Amendments

F3 Words in reg. 36 inserted (6.4.2008) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2008 (revoked) 2008 (S.I. 2008/647), regs. 1(3), 2(4)

Commencement Information

I7 Reg. 36 in force at 19.4.2007, see reg. 1(4), Sch. 1

Disclosures to the Secretary of State E+W

37.  The keeper of the register may disclose any document or data to an officer of the Secretary of State for Communities and Local Government—

(a) for the purpose of enabling the Secretary of State to monitor the application and enforcement of, and compliance with, the duties imposed by these Regulations; or

(b) for statistical or research purposes,

provided that no particular property is identifiable from the document or data disclosed.

Commencement Information

I8 Reg. 37 in force at 19.4.2007, see reg. 1(4), Sch. 1