Explanatory Notes

Energy Act 2011

2011 CHAPTER 16

18 October 2011

Commentary on Sections

Part 5: Miscellaneous and General

Section 118: Amendment and repeal of measures relating to home energy efficiency

343.Subsection (1) repeals the Home Energy Conservation Act 1995 in Scotland and in relation to Wales. The Act continues to apply in England.

344.Subsection (2) amends the definition of “energy conservation measure” so as to ensure that energy conservation authorities, when fulfilling the reporting requirements of the Act are able to report on measures which are available as result of financial support provided by, for example, policies such as the Green Deal and the Energy Company Obligation.

345.Subsection (5) repeals section 217 of the Housing Act 2004, a section which imposed a duty on the Secretary of State to improve energy efficiency in residential accommodation in England by 2010. Subsection (3) repeals provisions in the Sustainable Energy Act 2003 which are related to the duty in section 217 of the Housing Act 2004. The repeals in subsection (3) are consequential amendments flowing from the repeal of section 217 of the Housing Act 2004.

346.Subsection (4) also makes a consequential amendment to the Sustainable Energy Act 2003 which is necessary as a result of the Home Energy Conservation Act 1995 being repealed in relation to Wales. Since the Act is being repealed in relation to Wales the power to make transitional provision in section 4(13)(b) is unnecessary and therefore is being repealed.