Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) (Amendment) Regulations 2013 (S.I. No. 139 of 2013)

SECTION 1 Monthly Reports 1. The information to be included in a report provided under regulation 24(1)(d)(iii) is— (a) the number of— (i) green deal plans that the green deal provider has entered into during the previous month; (ii) energy plans that the green deal provider has entered into during the previous month; (iii) customer complaints received during the previous month and the issues that these complaints related to; (iv) unresolved customer complaints at the end of the previous month; (v) customer complaints that were resolved during the previous month with details of how they were resolved and the period for which those complaints remained unresolved; (b) in relation to any customer complaint which has been unresolved for a period of 8 weeks or more, the steps being taken to resolve it; (c) in relation to energy plans and green deal plans made by the provider during the previous month, how many qualifying assessments were carried out by green deal assessors who were not— (i) employed by; or (ii) acting on behalf of, the green deal provider; (d) in relation to improvements installed during the previous month under energy plans or green deal plans made by the green deal provider, whether the installers of those improvements were employed or sub-contracted by the green deal provider; (e) the total amount of green deal instalments that the green deal provider expects to be paid over the lifetime of the green deal plans it has entered into in the previous month; (f) the sum of green deal instalments received and any amounts repaid early under green deal plans in the previous month; (g) the total number of green deal plans cancelled in the previous month; (h) the sum of outstanding green deal instalments that would have been payable under the green deal plans cancelled in the previous month; (i) the number and type of improvements installed under energy plans and green deal plans in the previous month; and (j) the identification numbers of the green deal installers who installed the improvements reported under sub-paragraph (i).

SECTION 2 Annual Reports 2. The information to be included in a report provided under regulation 24(1)(d)(ii) is— (a) details of whether the green deal provider has been party during the reporting period to any partnership arrangements with other organisations; (b) details of any action taken following— 7 (i) a customer complaint; (ii) a breach of these Regulations by a green deal participant; (iii) a breach of the requirements of the code of practice by a green deal participant; (c) notification as to whether the green deal provider has taken a decision during the reporting period either to increase or to reduce its green deal operations during the next reporting period, including details of the intended geographical coverage of its green deal operations and the number of energy plans and green deal plans it expects to enter into in the next reporting period; (d) details of any decisions taken during the reporting period regarding how the green deal provider intends to market and sell energy plans and green deal plans in the next reporting period.

SECTION 3 Interpretation 3. In this Schedule— (a) “customer complaint” is a complaint made by an improver or a bill payer in relation to an energy plan or a green deal plan; (b) “green deal plans cancelled” means green deal plans cancelled by the green deal provider due to non-payment of green deal instalments; (c) “green deal operations” means marketing and other activities related to the establishment of green deal plans or energy plans, including arrangements with other green deal participants; (d) “partnership arrangement” is an arrangement in which organisations agree to work together in relation to— (i) green deal plans; (ii) energy plans; or (iii) proposed green deal plans or energy plans, but does not include an arrangement with another green deal participant, a supplier of energy efficiency improvements or materials or products for such improvements or a person engaged as an adviser to the green deal provider.”. Gregory Barker Minister of State 27th January 2013 Department of Energy and Climate Change EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012 (S.I. 2012/2079) (“the Framework Regulations”).

Regulation 3 inserts a number of new definitions in regulation 2 of the Framework Regulations in relation to the new provisions regarding the updating of the disclosure document inserted by regulation 7 and amends the definition of accredited installer certification body. 8 Regulations 4 and 5 amend the reporting requirements for green deal certification bodies and green deal providers in regulations 19 and 24 of the Framework Regulations.

Regulation 6 amends the definition of “first year instalments” in regulation 30 of the Framework Regulations.

Regulation 7 inserts new regulations 42A, 42B and 42C in Part 7 of the Framework Regulations. These new regulations require information about a green deal plan stored on the EPC Register to be updated in certain circumstances.

Regulation 8 amends regulation 52 of the Framework Regulations to enable the Secretary of State to impose a sanction following a complaint about a breach of the relevant requirements by a green deal certification body, on receipt of information from the green deal certification body or a local weights and measures authority, or following a failure by an authorised person to provide information required under regulation 86.

Regulation 9 amends regulation 57 of the Framework Regulations so that it applies in relation to complaints about a breach of the relevant requirements by a green deal provider or a green deal installer, but not a green deal assessor.

Regulation 10 inserts a new regulation 57A, which applies in relation to complaints about breaches of the relevant requirements by a green deal assessor.

Regulation 11 amends regulation 59 of the Framework Regulations, to provide that an ombudsman can refer an eligible complaint to the Secretary of State if the remedies available under that ombudsman’s scheme are not adequate. It also makes new provision regarding the referral to the Secretary of State of an eligible complaint in respect of a breach of the relevant requirements by a green deal assessor.

Regulation 12 inserts a new regulation 60A, which provides that complaints in respect of a breach of the relevant requirements by a green deal certification body can be made to the Secretary of State.

Regulation 13 amends regulation 62 of the Framework Regulations by substituting a revised regulation describing the circumstances in which there will be a breach of the disclosure and acknowledgment provisions.

Regulation 14 amends regulation 63 so that a failure by a green deal provider to update a disclosure document in accordance with regulation 42B of the Framework Regulations (inserted by regulation 8) amounts to a breach of the relevant requirements.

Regulation 15 amends regulation 65 of the Framework Regulations to substitute “must” for “may” in paragraph (2)(a) and “may” for “must” in paragraph (2)(b).

Regulation 16 amends the sanctions provisions in regulation 66 of the Framework Regulations so as to require the Secretary of State to have regard to various matters when deciding whether to impose a sanction under regulation 66(2). Regulations 17 and 18 amend the sanctions provisions in regulations 67 and 68 of the Framework Regulations so that the Secretary of State can impose reduction or cancellation if the bill payer is likely to suffer substantive loss.

Regulation 19 provides for the replacement of Schedule 2 to take account of the new monthly reporting requirements established by regulations 4 and 5. 9 A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. However, this instrument amends the Framework Regulations, which are one of a number of statutory instruments which establish the green deal energy efficiency scheme. A full regulatory impact assessment of the effect that that scheme will have on the costs of business and the voluntary sector is available from the Green Deal Legislation Team, Department of Energy and Climate Change at 3 Whitehall Place, London SW1A 2AW and is published alongside the Framework Regulations on www.legislation.gov.uk. ____________________________________________________________________________________________________________ ¤ Crown copyright 2013 Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament. 10  STATUTORY INSTRUMENTS 2013 No. 139 ENERGY CONSERVATION The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) (Amendment) Regulations 2013 ISBN 978-0-11-153371-0 £5.75 E5607 01/2013 135607T 19585 9 780111 533710