PART 6Register of certificates, recommendation reports and advisory reports
Interpretation of Part 630.
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.
Registration of certificates etc31.
(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.
F1(2)
An energy assessor who issues any of the documents referred to in paragraph (1) must ensure that the document, and the data which, in accordance with the methodology of calculation of the energy performance of buildings approved by the Secretary of State under regulation 17A of the Building Regulations 2000, was used to calculate any asset rating or operational rating, and to produce the document, is entered onto the relevant register before the assessor gives the document to the person who requested that it be issued.
(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.
Fees for entering onto registerF232.
(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.
Disclosures generally33.
(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.
Disclosures with reference number34.
(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.
F3Disclosures whether an energy performance certificate for a building other than a dwelling has been entered on the register34A.
The keeper of the register may disclose to any person, in response to a request made by that person in relation to a specified building other than a dwelling—
(a)
whether an energy performance certificate is entered on the register for the building in question; and
(b)
the date on which any such certificate was issued.
Disclosures to approved accreditation schemes35.
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.
F4Disclosures to energy assessors in relation to dwellings35A.
The keeper of the register may disclose any document or data concerning a dwelling to an energy assessor—
(a)
for the purpose of the assessment of the dwelling concerned; or
(b)
for any other purpose undertaken on behalf of the owner or tenant of the dwelling concerned.
Disclosures to the Energy Saving Trust Limited35B.
(1)
The keeper of the register may disclose to the Energy Saving Trust Limited for the purposes set out in paragraph (2) the address of any dwelling in respect of which an energy performance certificate showing an asset rating in a category specified in a request by that company has been entered on the register.
(2)
The purposes referred to in paragraph (1) are-
(a)
the provision to the occupier of that dwelling of information on financial support available for the improvement of its energy performance; and
(b)
statistical or research purposes,
provided that in any use for the latter purpose no particular property is identifiable.
Disclosures to enforcement authorities36.
The keeper of the register may disclose any document or data to an authorised officer of an enforcement authority F5or to an authorised officer of a local authority.
F6Disclosures to approved inspectors36A.
The keeper of the register may disclose any document or data to an approved inspector in connection with functions under Part 2 of the Building Act 1984 in relation to the building to which the document or data relates.
Disclosures to the Secretary of State37.
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.