(1)For the purposes of this Act, a person is to be regarded as living “in fuel poverty” if he is a member of a household living on a lower income in a home which cannot be kept warm at reasonable cost.
(2)The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by regulations—
(a)specify what is to be regarded for the purposes of subsection (1) as a lower income or a reasonable cost or the circumstances in which a home is to be regarded for those purposes as being warm, or
(b)substitute for the definition in subsection (1) such other definition as may be specified in the regulations.
(3)Before making regulations under subsection (2), the Secretary of State or the National Assembly for Wales shall consult—
(a)persons appearing to the Secretary of State or the Assembly to represent the interests of persons living in fuel poverty, and
(b)such other persons as the Secretary of State or the Assembly thinks fit.
(4)Regulations under subsection (2) shall be made by statutory instrument; and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.