The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012

Interpretation – Part 8

51.  In this Part—

“acknowledgment” means the acknowledgment required—

(a)

to be included in a contract to which section 14(2) applies; or

(b)

to be made in connection with a transaction or arrangement to which chapter 2 of Part 7 of these Regulations applies,

which is in the form specified in the acknowledgment regulations;

“cancellation” means that the Secretary of State requires the relevant person—

(a)

to cancel the liability of the bill payer and any subsequent bill payer to make payments under an energy plan from the effective date; and

(b)

to refund to the bill payer any instalments paid under the plan in respect of a period after that date;

“compensation” means that the Secretary of State requires the improver or the notifier, as applicable, to pay to the relevant person—

(a)

except where paragraph (b) applies, an amount (as a fixed sum or in instalments) representing—

(i)

the indebtedness of the bill payer and any subsequent bill payer under the green deal plan at the effective date less the rebate on early settlement; and

(ii)

a compensatory amount being an amount equal to the cost which the relevant person has incurred as a result of the indebtedness under the green deal plan being discharged at the effective date;

(b)

where regulation 65(4) or 66(3) applies, an amount determined in accordance with that regulation;

“compliance notice” means a notice which complies with regulation 74;

“effective date” means—

(a)

except where paragraph (b) or (c) applies, the date of the breach;

(b)

where the person who was the payee on the date the sanction was imposed was not the payee on the date of the breach, the receipt date;

(c)

where the sanction is in respect of a failure to take a consumer credit modifying step, such date as the Secretary of State considers appropriate;

“eligible complaint” means a complaint made, as applicable, in accordance with regulation 55, 56, 57 or 58;

“enforcement undertaking” means a written undertaking from an authorised person accepted by the Secretary of State in accordance with regulation 54;

“intention notice” means a notice which complies with regulation 72;

“notifier” means—

(a)

the person required to provide the disclosure document to the recipient; or

(b)

the person required to secure that the acknowledgment is—

(i)

included in contracts to which section 14(2) applies; or

(ii)

given in connection with transactions or arrangements to which chapter 2 of Part 7 applies;

“ombudsman” means—

(a)

the Financial Ombudsman Service; or

(b)

the Green Deal Ombudsman;

“owner” has the meaning given in regulation 37 as if paragraph (3)(b) were omitted;

“payee” means the person who is for the time being entitled under a plan to receive instalments under that plan;

“plan” means a green deal plan or an energy plan;

“rebate on early settlement” means rebate of charges for credit within the meaning of section 95 of the 1974 Act(1);

“receipt date” means the earlier of—

(a)

the date on which a complainant makes—

(i)

an eligible complaint; or

(ii)

a complaint in accordance with regulation 60; or

(b)

the date on which the Secretary of State exercises a power conferred by this Part following the receipt of information under regulation 52(1)(c);

“recipient” means the person—

(a)

to whom the disclosure document is required to be provided; and

(b)

from whom an acknowledgment must be obtained,

in accordance with the disclosure and acknowledgment provisions;

“reduction” means that the Secretary of State requires—

(a)

the relevant person to reduce the liability of the bill payer and any subsequent bill payer to make payments under an energy plan from the effective date; and

(b)

the relevant person to refund to the bill payer any instalments paid under that plan in respect of a period after that date;

“relevant member” means any green deal assessor or green deal installer who—

(a)

is included on the membership list of the green deal certification body; and

(b)

is not included on the membership list of any other certification body;

“relevant person” means—

(a)

the green deal provider; or

(b)

where the authorisation of the provider is withdrawn, the payee;

“sanctions notice” means a notice which complies with regulation 78;

“withdrawal” means withdrawal of a person’s authorisation granted under Part 3.

(1)

1974 c.39; section 95 was amended by S.I. 2010/1010, regulation 31.