Statutory Instruments
2012 No. 1661
Energy Conservation
The Green Deal (Acknowledgment) Regulations 2012
Made
27th June 2012
Laid before Parliament
28th June 2012
Coming into force
28th January 2013
The Secretary of State, in exercise of the powers conferred by sections 14(4) and (5), 15(3) and 40(1) of the Energy Act 2011( 1 ) and after consultation with the Welsh Ministers in accordance with section 40(12) of that Act, makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Green Deal (Acknowledgment) Regulations 2012( 2 ) and come into force on 28th January 2013.
Interpretation
2. In these Regulations—
“acknowledgment” means an acknowledgment required by section 14 of the Act or regulation 44, 46, 48 or 50 of the Framework Regulations;
“the Act” means the Energy Act 2011;
“early repayment term” means a term included in a green deal plan pursuant to regulation 38 of the Framework Regulations;
“the Framework Regulations” means the Green Deal Framework (Disclosure, Acknowledgment, Redress etc. ) Regulations 2012( 3 );
“green deal plan” has the meaning given in section 1 of the Act;
“green deal property” has the meaning given in section 12(5)(b) of the Act; and
“relevant document” means, in respect of a green deal property, a document (other than a green deal plan) described in section 14(2) of the Act or a document described in regulation 46(1)(b) of the Framework Regulations.
Form of acknowledgment where green deal plan contains an early repayment term
3. —(1) This regulation applies where an acknowledgment is required and the green deal plan contains an early repayment term.
(2) An acknowledgment must—
(a) be in the form set out in paragraph (3) or be in substantially the same form; and
(b) where the acknowledgment is required to be given in a relevant document, be placed in a prominent position in that document.
(3) The form referred to in paragraph (2)(a) is—
“
”
Form of acknowledgment where green deal plan does not contain an early repayment term
4. —(1) This regulation applies where an acknowledgment is required and the green deal plan does not contain an early repayment term.
(2) An acknowledgment must—
(a) be in the form set out in paragraph (3) or be in substantially the same form; and
(b) where the acknowledgment is required to be given in a relevant document, be placed in a prominent position in that document.
(3) The form referred to in paragraph (2)(a) is—
“
”
Circumstances where acknowledgment is not required on sale or letting out
5. A seller or prospective landlord or licensor is not required to comply with section 14(2) of the Act( 4 ) where the buyer, tenant or licensee gave a confirmation under regulation 36 of the Framework Regulations at the time the green deal plan was entered into.
Gregory Barker
Minister of State
Department of Energy and Climate Change
27th June 2012
2011 c.16 . Sections 14(4) and (5) and 15(3) of the Act extend to England and Wales only.
The Scottish Ministers have powers under sections 14(7) and (8) and 15(4) of the Energy Act 2011 to make separate provision for Scotland.
The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012 were laid before Parliament in draft on 11th June 2012 for approval by resolution of each House of Parliament.
Section 14(2) requires a person selling a green deal property or letting such a property under a tenancy or licence agreement which is in writing to secure that the buyer, tenant or licensee includes an acknowledgment by the buyer, tenant or licensee that the bill payer at the property is liable to make payments under the green deal plan and that certain terms of that plan are binding in the bill payer.
The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012 were laid before Parliament in draft on 11th June 2012 for approval by resolution of each House of Parliament.