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Energy Bill [HL]

36: Insert the following new Clause— ““Further provision about domestic energy efficiency regulations (1) Domestic energy efficiency regulations may, in particular, include provision about— (a) the period within which improvements required by the regulations must be started or completed; (b) exemptions from any requirement imposed by or under the regulations; (c) evidence relating to any requirement imposed by or under the regulations. (2) Provision falling within subsection (1)(b) includes, in particular, provision about exemptions— (a) relating to any necessary permissions or consents; (b) relating to the likely negative impact on the value of a property of complying with a requirement imposed by or under the regulations. (3) Provision falling within subsection (1)(c) includes, in particular, provision about evidence for the purpose of demonstrating— (a) an exemption from a requirement imposed by or under the regulations; (b) that a property is not one in relation to which the regulations have effect; (c) that the improvements required by or under the regulations are not relevant energy efficiency improvements within the meaning given by the regulations.”” 37: Clause 39 page 25, line 1, leave out Clause 39 38: Clause 40 page 25, line 31, leave out Clause 40 39: Clause 41 page 26, line 39, leave out Clause 41 40: Clause 42 page 27, line 28, leave out ““about—”” and insert ““— (za) for a local authority to enforce any requirement imposed by or under the regulations;”” 41: Clause 42 page 27, line 29, at beginning insert ““about”” 42: Clause 42 page 27, line 31, at beginning insert ““about”” 43: Clause 42 page 27, line 33, leave out ““both cases”” and insert ““cases falling within paragraph (a) or (b)”” 44: Clause 43 page 28, line 21, leave out subsection (1) 45: Clause 43 page 28, line 30, leave out ‘may’ and insert ““must”” 46: Clause 43 page 29, line 11, leave out subsection (6) and insert— ““(6) The first tenants’ energy efficiency improvements regulations must come into force no later than 1 April 2016.”” 47: Clause 46 page 31, line 4, leave out subsection (1) 48: Clause 46 page 31, line 13, leave out ““may”” and insert ““must”” 49: Clause 46 page 31, line 30, leave out ““, ““let the property”” and ““tenant”””” and insert ““and ““let the property”””” 50: Clause 46 page 31, line 31, after ““regulations”” insert ““(and ““let the property”” may be defined to include ““continue to let the property””)”” 51: Clause 46 page 31, line 42, leave out subsection (7) and insert— ““(7) The first non-domestic energy efficiency regulations must come into force no later than 1 April 2018.”” 52: Clause 46 page 33, line 26, leave out ““40(7)”” and insert ““[Domestic energy efficiency regulations: England and Wales](5)”” 53: Clause 51 page 34, line 22, leave out ““or any regulations replacing those regulations”” 54: After Clause 51 insert the following new Clause— ““Scottish domestic energy efficiency regulations (1) The Scottish Ministers may make regulations for the purpose of securing that a landlord of a Scottish domestic PR property— (a) which is of such description of Scottish domestic PR property as is provided for by the regulations, (b) in relation to which there is an energy performance certificate, and (c) which falls below such level of energy efficiency (as demonstrated by the energy performance certificate) as is provided for by the regulations, may not let the property until the landlord has complied with the obligation mentioned in subsection (2). (2) The obligation is to make to the property such relevant energy efficiency improvements as are provided for by the regulations. (3) Regulations under this section are referred to in this Chapter as ““Scottish domestic energy efficiency regulations””. (4) For the purposes of Scottish domestic energy efficiency regulations— ““energy performance certificate”” has the meaning given by the Energy Performance (Scotland) Regulations; ““landlord”” and ““let the property”” have the meaning given by the regulations (and ““let the property”” may be defined to include ““continue to let the property””); and ““relevant energy efficiency improvements”” means improvements which— (a) are of such description as the regulations provide, and (b) can be— (i) wholly paid for pursuant to a green deal plan as provided for by Chapter 1 of this Part, (ii) provided free of charge pursuant to an obligation imposed by an order made under section 33BC or 33BD of the Gas Act 1986 or section 41A or 41B of the Electricity Act 1989, (iii) wholly financed pursuant to a combination of such a plan and such an obligation, or (iv) financed by such other description of financial arrangement as the regulations provide. (5) The Scottish Ministers may by order amend the definition of ““energy performance certificate”” in subsection (4). (6) Scottish domestic energy efficiency regulations may come into force no earlier than 1 April 2015.”” 55: After Clause 51 insert the following new Clause— ““Further provision about Scottish domestic energy efficiency regulations (1) Scottish domestic energy efficiency regulations may, in particular, include provision about— (a) the period within which improvements required by the regulations must be started or completed; (b) exemptions from any requirement imposed by or under the regulations; (c) evidence relating to any requirement imposed by or under the regulations. (2) Provision falling within subsection (1)(b) includes, in particular, provision about exemptions— (a) relating to any necessary permissions or consents; (b) relating to the likely negative impact on the value of a property of complying with a requirement imposed by or under the regulations. (3) Provision falling within subsection (1)(c) includes, in particular, provision about evidence for the purpose of demonstrating— (a) an exemption from a requirement imposed by or under the regulations; (b) that a property is not one in relation to which the regulations have effect; (c) that the improvements required by or under the regulations are not relevant energy efficiency improvements within the meaning given by the regulations.”” 56: Clause 52 page 34, line 29, leave out Clause 52 57: Clause 53 page 35, line 17, leave out Clause 53 58: Clause 54 page 36, line 24, leave out Clause 54 59: Clause 55 page 37, line 11, leave out ““about—”” and insert ““— (za) for a local authority to enforce any requirement imposed by or under the regulations;”” 60: Clause 55 page 37, line 12, at beginning insert ““about”” 61: Clause 55 page 37, line 14, at beginning insert ““about”” 62: Clause 55 page 37, line 16, leave out ““both cases”” and insert ““cases falling within paragraph (a) or (b)”” 63: Clause 56 page 38, line 7, leave out subsection (1) 64: Clause 58 page 39, line 43, leave out ““costs”” and insert ““expenses”” 65: Clause 58 page 40, line 21, leave out ““costs”” and insert ““expenses”” 66: Clause 59 page 40, line 35, leave out subsection (1) 67: Clause 59 page 41, line 16, leave out ““, ““let the property”” and ““tenant”””” and insert ““and ““let the property”””” 68: Clause 59 page 41, line 17, after ““regulations”” insert ““(and ““let the property”” may be defined to include ““continue to let the property””)”” 69: Clause 61 page 42, line 40, leave out ““costs”” and insert ““expenses”” 70: Clause 62 page 43, line 8, leave out subsection (2) 71: Clause 62 page 43, line 10, leave out subsections (3) and (4) and insert— ““(3) Orders under this Chapter are subject to the negative procedure. (4) Regulations under this Chapter are subject to the affirmative procedure.”” 72: Clause 69 page 53, line 23, at end insert— ““(6A) In sections 28 to 30F and section 38 of the 1986 Act (enforcement of relevant requirements etc) a reference to a ““relevant requirement”” is to be treated as including a reference to a requirement imposed on a gas transporter or gas supplier under this section. (6B) In sections 25 to 28 of the 1989 Act (enforcement of relevant requirements etc) a reference to a ““relevant requirement”” is to be treated as including a reference to a requirement imposed on an electricity distributor or electricity supplier under this section.”” Amendments 36 to 72 agreed. Amendment 73 Moved by