Scottish Statutory Instrument SI 2008 Scotland

The Energy Performance of Buildings (Scotland) Regulations 2008

Read it on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Regulated 1 of 16 obligations carry a criminal penalty. 15 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person5 Trader3 Landlord1 Occupier1

Plus 6 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Landlord — also bound by 224 other Acts
Housing Act 1985 55 duties
Housing Act 1996 30 duties
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.007 Assessment of energy performance Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must approve building energy calculation methodsCrown / Minister / Government department
s.009 Display of energy performance certificates Regulated
  • Display your Energy Performance Certificate (EPC) prominentlyLandlord
s.010 Registration of certificates Regulated
  • Register energy performance data before issuing certificatesAny Person
s.014 Disclosure of data Regulated
Other duties (1) — Crown / regulator
  • Register keeper must disclose energy data to enforcement or legal authoritiesStatutory regulator
s.015 Enforcement authorities Regulated
Other duties (1) — Crown / regulator
  • Local authorities must enforce energy performance regulationsLocal authority
s.016 Power to require production of energy performance certificate Regulated
  • Produce Energy Performance Certificate (EPC) upon official requestOccupier
s.017 Penalty charge notices Regulated
Other duties (1) — Crown / regulator
  • Local authorities may issue penalty notices for EPC failuresLocal authority
s.019 Reviews Regulated
Other duties (1) — Crown / regulator
  • Enforcement authority must review penalty charge notices upon requestLocal authority
s.020 Appeal to the sheriff court Regulated
  • Appeal a penalty charge notice to the sheriff courtAny Person
s.022 Service of documents Regulated
Other duties (1) — Crown / regulator
  • Local authorities must follow specific rules when serving noticesLocal authority
s.advertisement for sale or let of a building or bui Advertisement for sale or let of a building or building unit Regulated
  • Include energy performance indicator in all property advertisementsTrader
s.penalty charge notice for failure to comply with r Penalty charge notice for failure to comply with regulation 5A Regulated
  • Fail to comply with energy performance certificate (EPC) dutiesAny Person
s.recommendations report Recommendations report Regulated
  • Ensure energy recommendations reports meet statutory content standardsAny Person
18 other provisions — procedural and definitional
s.001 Citation, commencement and extent
s.002 Interpretation
s.003 Meaning of prospective buyer or prospective tenant
s.004 Application of Regulations
s.005 Energy performance certificates on sale or rent
s.006 Energy performance certificates
s.008 Approved organisations
s.011 Disclosures generally
s.012 Disclosure of documents
s.013 Disclosure of bulk access data
s.017 Penalty charge notice for failure to comply with regulation 9
s.018 Defence where energy performance certificate unobtainable
s.021 Recovery of penalty charges
s.023 Offences relating to enforcement officers
s.defence where failure to comply with regulation 5a Defence where failure to comply with regulation 5A
s.disclosure of data relating to a particular buildi Disclosure of data relating to a particular building or building unit
s.disclosure of green deal information Disclosure of green deal information
s.fees for entering data onto register Fees for entering data onto register
Schedules

Schedules

3 of 25 shown
s.sch002 Where the green deal provider knows or has reasonable cause... Regulated
  • You must include a removal warning in the green deal reportAny Person
s.sch002 Where the green deal provider knows or has reasonable cause... Regulated
  • Warn customers if property changes could affect green deal savingsTrader
s.sch002 Where the green deal plan is a regulated consumer credit... Regulated
  • Include consumer credit statements in green deal plansTrader
22 other schedules
s.sch001 Disclosure of data (opens in a new tab)
s.sch002 Green deal information (opens in a new tab)
s.sch002 The green deal information in respect of a green deal...
s.sch002 The date on which the payment period starts and the...
s.sch002 The amount payable under the green deal plan—
s.sch002 The rate of interest charged under the green deal plan....
s.sch002 A statement indicating whether the interest rate charged under the...
s.sch002 Where, in accordance with regulation 33(b) of the Framework Regulations,...
s.sch002 The estimated first year savings.
s.sch002 Where the green deal property is a domestic property, a...
s.sch002 Where the green deal property is a non-domestic property, a...
s.sch002 In respect of each improvement installed at the green deal...
s.sch002 A statement advising the person receiving the recommendations report—
s.sch002 A statement— (a) indicating that improvements have been installed at...
s.sch002 A statement indicating that— (a) the improvements installed under the...
s.sch002 A statement indicating that further information is contained in the...
s.sch002 A statement indicating— (a) that a green deal plan is...
s.sch002 Where the green deal plan is not a regulated consumer...
s.sch002 A statement indicating that— (a) the outstanding credit under the...
s.sch002 Where a term has been included in a green deal...
s.sch002 The unique reference number assigned to the green deal plan....
s.sch002 The name of the person who is the green deal...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.