Statutory Instruments
Energy
Made
8th April 2014
Laid before Parliament
9th April 2014
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A(1) of Schedule 2 to, the European Communities Act 1972(1) ("the 1972 Act").
The Secretary of State is a Minister designated(2) for the purpose of section 2(2) of the 1972 Act in relation to energy and energy sources. These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for the reference in these Regulations to Annexes I and II to Directive 2012/27/EU(3) of the European Parliament and of the Council on energy efficiency to be construed as a reference to these Annexes as amended from time to time.
1. (1) These Regulations may be cited as the Energy Efficiency (Building Renovation and Reporting) Regulations 2014.
(2) With the exception of regulation 4(b), these Regulations come into force on 30th April 2014.
(3) Regulation 4(b) comes into force on 5th June 2014.
2. In these Regulations-
"building" means a roofed construction having walls, for which energy is used to condition the indoor climate;
"Commission" means the Commission of the European Union;
"Directive" means Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency;
"long-term strategy" means a strategy which extends beyond 2020;
"national energy efficiency action plan" means a written plan containing the information specified in-
the second and third sentences of Article 24(2) of the Directive, and
Part 2 of Annex XIV to the Directive;
"other competent authorities" means the-
Northern Ireland departments,
Scottish Ministers, and
Welsh Ministers.
3. (1) The Secretary of State must by 30th April 2014, after consultation with the other competent authorities, establish and publish a long-term strategy for stimulating investment in the renovation of residential and commercial buildings in the United Kingdom (the "building renovation strategy").
(2) The building renovation strategy must contain the information specified in paragraphs (a) to (e) of Article 4 of the Directive.
(3) A copy of the building renovation strategy must be included in the national energy efficiency action plan submitted to the Commission in accordance with regulation 5(a).
(4) Before the submission of each national energy efficiency action plan to the Commission in accordance with regulation 5(b), the Secretary of State must, after consultation with the other competent authorities, update the building renovation strategy.
(5) A copy of the updated building renovation strategy must be included in the national energy efficiency action plans submitted to the Commission in accordance with regulation 5(b).
4. The Secretary of State must by 30th April each year, after consultation with the other competent authorities, submit to the Commission-
(a)a written report containing the information specified in Part 1 of Annex XIV to the Directive; and
(b)the statistics referred to in Article 24(6) of the Directive and generated in accordance with Annexes I and II to the Directive.
5. The Secretary of State must, after consultation with the other competent authorities, submit to the Commission a national energy efficiency action plan-
(a)by 30th April 2014; and
(b)by 30th April in every third year thereafter.
6. (1) The Secretary of State must from time to time-
(a)carry out a review of the operation and effect of these Regulations;
(b)set out the conclusions of the review in a report; and
(c)publish the report.
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Articles 4 and 24 of the Directive are transposed in other Member States.
(3) The report must in particular-
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved;
(c)assess whether those objectives remain appropriate; and
(d)where the objectives remain appropriate, assess the extent to which they could be more effectively achieved.
(4) The first report under this regulation must be published by 29th April 2019.
Michael Fallon
Minister of State
Department of Energy and Climate Change
8th April 2014
(This note is not part of the Regulations)
These Regulations transpose Articles 4 and 24 of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC.
Regulation 3 requires the Secretary of State, after consultation with the other competent authorities, to establish and update a long-term building renovation strategy and to submit copies of the strategy to the Commission.
Regulation 4 requires the Secretary of State, after consultation with the other competent authorities, to produce annual reports and statistics and submit these to the Commission.
Regulation 5 requires the Secretary of State, after consultation with the other competent authorities, to submit national energy efficiency action plans to the Commission.
Regulation 6 requires the Secretary of State to review the operation and effect of these Regulations and publish a report by 29th April 2019.
A full regulatory impact assessment has not been produced for these Regulations as no impact on the private or voluntary sectors is foreseen. A transposition note is annexed to the Explanatory Memorandum which is available alongside these Regulations on www.legislation.gov.uk .
1972 c.68; section 2(2) of the 1972 Act was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7); paragraph 1A(1) of Schedule 2 to the 1972 Act was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and subsequently amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008. There have been other amendments which are not relevant.
OJ No L 315, 14.11.2012, p1.