The Energy Performance of Buildings (England and Wales) Regulations 2012

[F1Enforcement and local authority buildingsE+W

This section has no associated Explanatory Memorandum

34A.—(1) This regulation applies in relation to all buildings in respect of which a local authority is subject to a duty under any of regulations 6(2), 6(5), 7(2), 7(3), 7(4), 7(5) [F2, 7A(2), 7A(3)], 10(2), 11(2), 14(3), 18(1), 20, 21 and 35(5)F3... (“local authority buildings”).

(2) The local weights and measures authority for an area (“Authority 1”) must agree in writing with the local weights and measures authority for another area (“Authority 2”) that Authority 2 will enforce regulations 6(2), 6(5), 7(2), 7(3), 7(4), 7(5) [F4, 7A(2), 7A(3)], 10(2), 11(2), 14(3), 18(1), 20, 21 and 35(5) F5... in respect of local authority buildings in the area of Authority 1.

(3) Once an agreement made under paragraph (2) comes into effect—

(a)it is the duty of Authority 2 to enforce regulations 6(2), 6(5), 7(2), 7(3), 7(4), 7(5) [F6, 7A(2), 7A(3)], 10(2), 11(2), 14(3), 18(1), 20, 21 and 35(5) F7... in respect of local authority buildings in the area of Authority 1; and

(b)Authority 1 must publish that fact.

(4) Authority 1 must notify an agreement made under paragraph (2) to the Secretary of State in writing.

(5) An agreement under paragraph (2) may relate to part only of the area of Authority 1, but in that case Authority 1 must make one or more other agreements under that paragraph to ensure that there are such agreements in place in respect of the whole of its area.

(6) Where more than one agreement under paragraph (2) is in place in respect of the area of Authority 1—

(a)the references to Authority 2 in paragraph (3) apply to each authority with which Authority 1 has made such an agreement, but only within the part of the area of Authority 1 to which the agreement relates; and

(b)Authority 1 must publish information in relation to every such agreement in accordance with paragraph (3)(b), and notify every such agreement to the Secretary of State in accordance with paragraph (4), stating in each case the part of its area to which the agreement relates.

(7) Every local weights and measures authority must have complied with paragraphs (2), (3)(b) and (4) by the end of the period of three months beginning on the day after these Regulations come into force, or, if it is not reasonably practicable to do so within that time, as soon as is reasonably practicable after that time.

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Textual Amendments