The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2009

Amendments to the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

2.—(1) The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007(1) are amended as follows.

(2) In regulation 14(2) (purposes for which certificates and recommendation reports may be disclosed) for sub-paragraph (de)(2) substitute—

“(de)where the disclosure is by or to the Energy Saving Trust Limited in relation to a dwelling, provided that—

(i)it is made in the circumstances described in regulation 35B(2); and

(ii)the disclosure is limited to the energy performance certificate and the accompanying recommendation report, and to information derived from either document;”.

(3) For regulation 35B(3) (disclosures to the Energy Saving Trust Limited) substitute—

“35B.—(1) The keeper of the register may disclose to the Energy Saving Trust Limited any energy performance certificate and the accompanying recommendation report relating to a dwelling in the circumstances described in paragraph (2).

(2) The circumstances are that—

(a)the energy performance certificate has been produced in order to comply with regulation 5(2) or (5) as those provisions relate to sales;

(b)the energy performance certificate shows an asset rating(4) in bands F or G; and

(c)the disclosure is for the purposes of enabling the Energy Saving Trust Limited to provide information to the owner or occupier of the dwelling on measures that may be taken to improve its energy performance and on any financial assistance that may be available for taking such measures.”.

(4) For regulation 37 substitute—

“37.—(1) The keeper of the register may disclose to an officer of the Secretary of State for Communities and Local Government—

(a)any document or data—

(i)for the purpose of enabling the Secretary of State to monitor the application and enforcement of, and compliance with, the duties imposed by these Regulations; or

(ii)for statistical or research purposes,

provided that no particular property is identifiable from the document or data disclosed; and

(b)any display energy certificate.”.