Part 1 E+W+SEnergy efficiency

CHAPTER 2E+WPrivate rented sector: England and Wales

Non-domestic energy efficiency regulationsE+W

51Sanctions for the purposes of non-domestic energy efficiency regulationsE+W

(1)Non-domestic energy efficiency regulations may include provision for the purpose of securing compliance with requirements imposed on landlords by or under the regulations.

(2)Provision falling within subsection (1) includes, in particular, provision—

(a)for a local weights and measures authority to enforce any requirement imposed by or under the regulations;

(b)about the sanctions for non-compliance with a requirement imposed by or under the regulations;

(c)about the sanctions for the provision of false information in connection with such a requirement;

including, in cases falling within paragraph (b) or (c), the imposition of a civil penalty by a local weights and measures authority.

(3)Where non-domestic energy efficiency regulations make provision for a civil penalty, the regulations must also include provision for a right of appeal to a court or tribunal against the imposition of the penalty.

(4)Provision falling within subsection (3) includes, in particular, provision—

(a)as to the jurisdiction of the court or tribunal to which an appeal may be made;

(b)as to the grounds on which an appeal may be made;

(c)as to the procedure for making an appeal (including any fee which may be payable);

(d)suspending the imposition of the penalty, pending determination of the appeal;

(e)as to the powers of the court or tribunal to which an appeal is made;

(f)as to how any sum payable in pursuance of a decision of the court or tribunal is to be recoverable.

(5)The provision referred to in subsection (4)(e) includes provision conferring on the court or tribunal to which an appeal is made power—

(a)to confirm the penalty;

(b)to withdraw the penalty;

(c)to vary the amount of the penalty;

(d)to award costs.

(6)If the Secretary of State considers it appropriate for the purpose of, or in consequence of, any provision falling within subsection (4)(a), (c), (e) or (f), non-domestic energy efficiency regulations may revoke or amend any subordinate legislation in so far as the subordinate legislation extends to England and Wales.

(7)In this section “subordinate legislation” has the meaning given in section 21(1) of the Interpretation Act 1978 and includes an instrument made under a Measure or Act of the National Assembly for Wales.