- Latest available (Revised)
- Original (As made)
The Home Energy Assistance Scheme (Scotland) Regulations 2009
You are here:
- Scottish Statutory Instruments
- 2009 No. 48
- Regulation 2
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Home Energy Assistance Scheme (Scotland) Regulations 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Regulation 2:
- Regulations revoked by S.S.I. 2013/148 reg. 9(1)(a)
- reg. 2 coming into force by S.S.I. 2009/48 reg. 1
- reg. 2 words inserted by S.S.I. 2011/56 reg. 3
- reg. 2 words inserted by S.S.I. 2012/34 reg. 4(a)
- reg. 2 words substituted by S.S.I. 2009/392 reg. 3
- reg. 2 words substituted by S.S.I. 2012/34 reg. 4(b)
- reg. 2 words substituted by S.S.I. 2012/38 Sch. para. 10
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 4(5A)(5B) inserted by S.S.I. 2011/56 reg. 4(b)
- reg. 6(1A) inserted by S.S.I. 2011/56 reg. 5(d)
- reg. 6(3A) inserted by S.S.I. 2011/350 reg. 2
- reg. 6(4A)(4B) inserted by S.S.I. 2011/56 reg. 5(e)
- reg. 6(4B) words inserted by S.S.I. 2012/34 reg. 6(b)
- reg. 6(4AA) inserted by S.S.I. 2012/34 reg. 6(a)
- reg. 8(1) substituted by S.S.I. 2011/56 reg. 6(a)
- reg. 8(2)(a) words inserted by S.S.I. 2012/34 reg. 8(2)(a)
- reg. 8(4) inserted by S.S.I. 2011/56 reg. 6(b)
Prospective
InterpretationS
This section has no associated Executive Note
2. In these Regulations–
“the 1992 Act” means the Social Security Contributions and Benefits Act 1992(1);
“administering agency” means a person or a body of persons appointed under regulation 3(1);
“central heating system” means a system which provides warmth to 2 or more rooms in a dwelling through a series of connected radiators or ducts linked to a central boiler or some other heat source or from a series of electric storage heaters and controlled from one central point;
“dwelling” includes any self contained part of a building which is occupied as a separate dwelling, and includes mobile homes that have been permanently fixed to a site;
“electric storage heater” means–
(a)
a free standing storage heater;
(b)
an electric fan assisted storage warm air system;
(c)
an electric wired underfloor heating system, set in a solid floor or floors; or
(d)
an electric ceiling heating system;
“energy inefficient dwelling” means a dwelling which does not attain a Standard Assessment Procedure rating of 39 or above;
“maternity certificate” means a maternity certificate which accords with the requirements of regulation 2(3) of the Social Security (Medical Evidence) Regulations 1976(2) or regulation 2 of the Statutory Maternity Pay (Medical Evidence) Regulations 1987(3);
“network installer” has the meaning given in section 15 of the Social Security Act 1990;
“owner” includes any person who under the Lands Clauses Acts(4) would be enabled to sell and convey land to the promoters of an undertaking;
“partner” means a spouse or civil partner or any person who lives with the applicant as husband or wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex;
“Standard Assessment Procedure” refers to the Government’s Standard Assessment Procedure for Energy Rating of Dwellings, 2005 Edition(5); and
“tenant” includes a sub-tenant and a person who–
(i)
occupies a dwelling in terms of a contract of employment;
(ii)
has a licence to occupy a dwelling; or
(iii)
is a cottar within the meaning of section 12(5) of the Crofters (Scotland) Act 1993(6),
but excludes a tenant of a local authority or a body registered as a social landlord by virtue of section 57 of the Housing (Scotland) Act 2001(7).
Commencement Information
I1Reg. 2 in force at 6.4.2009, see reg. 1
(1)
(4)
Defined in Schedule 1 to the Interpretation Act 1978 (c. 30).
(5)
Published by the Building Research Establishment.
(6)
(7)
Options/Help
Print Options
PrintThe Whole Instrument
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Executive Note
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.