The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2007

Year2007

2007 No. 1669

BUILDING AND BUILDINGS, eNGLAND AND WALES

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2007

Made 8th June 2007

Laid before Parliament 11th June 2007

Coming into force 2nd July 2007

The Secretary of State is a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the energy performance of buildings. She makes the following Regulations in exercise of the powers conferred by that section and by sections 1(1), 8(6), 35 and 47 of, and paragraphs 1, 2, 4, 7, 8 and 10 of Schedule 1 to, the Building Act 19843.

S-1 Citation, extent and commencement

Citation, extent and commencement

1.—(1) These Regulations may be cited as the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2007.

(2) These Regulations extend to England and Wales.

(3) These Regulations shall come into force on 2nd July 2007.

S-2 Definition

Definition

2. In these Regulations “the principal regulations” means the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 20074.

S-3 Amendments of the principal regulations

Amendments of the principal regulations

3.—(1) The principal regulations are amended as follows.

(2) In regulation 2(1) (interpretation) omit the definition “home information pack”.

(3) In regulation 6(1)(a) (providing energy information with particulars)—

(a)

(a) after the word “where” insert “a duty under”; and

(b)

(b) for “imposes a duty on” substitute “applies to”.

(4) In regulation 11 (energy performance certificates)—

(a)

(a) in paragraph (4) for “three months” substitute “twelve months”;

(b)

(b) for paragraph (5), substitute—

S-5

“5 For the purposes of paragraph (4), “first point of marketing” shall be construed in accordance with regulations 3, 16(3), 21(3), 22(3) and 34(5) of the Home Information Pack (No. 2) Regulations 20075.”;

(c)

(c) in paragraph (6), after “any information or data”, insert “(except for the address of the building)”.

(5) In regulation 31(2) (registration of certificates etc.), for “data that was collected to produce it”, substitute “data which was used to calculate any asset rating or operational rating in it”.

(6) In Schedule 1 (commencement)—

(a)

(a) in column 4 of paragraphs 5 and 7—

(i) after the word “where” insert “a duty under”, and

(ii) for “imposes a duty on” substitute “applies to”;

(b)

(b) in column 2 of paragraphs 8 and 9 for “1st October 2007” substitute “1st January 2008”;

(c)

(c) in column 3 of paragraph 8 after “Schedule 2” add “and, for these purposes only, regulation 8 and paragraph 1(1) of that Schedule”.

S-4 Transitional provision

Transitional provision

4.—(1) In respect of a building in relation to which, but for the provisions of regulation 34 (exception- first day marketing during a temporary period) of the Home Information Pack (No. 2) Regulations 2007

(a)

(a) a duty under section 155(1) or 159(2) of the Housing Act 20046would apply to any person; and

(b)

(b) a duty under the principal regulations to make available a...

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