49.—(1) Subject to paragraph (2), these Regulations, other than regulations 8 and 50(2)(a), bind the Crown.
(2) No act or omission by or on behalf of the Crown shall constitute an offence or make the Crown liable to a penalty charge notice under these Regulations, but the High Court may, on the application of an enforcement authority, declare unlawful any act or omission of the Crown which constitutes a contravention of these Regulations.
50.—(1) This regulation applies where these Regulations impose a duty on a person to—
(a) make available, give or display an energy performance certificate or a display energy certificate in relation to a building; or
(b) ensure an air-conditioning system is inspected.
(2) It shall be the duty of every person with an interest in, or in occupation of, the building to—
(a) allow such access to any energy assessor appointed by the person referred to in paragraph (1) (“the responsible person”) as is reasonably necessary to inspect the building for the purposes of—
(i) preparing an energy performance certificate and recommendation report;
(ii) preparing a display energy certificate or advisory report; or
(iii) inspecting an air-conditioning system; and
(b) cooperate with the responsible person so far as is reasonably necessary to enable him to comply with the duty referred to in paragraph (1).
Ruth Kelly
Secretary of State
Department for Communities and Local Government
23rd March 2007
Regulation 1(4)
| Date on which the provision comes into force | Provision | Purpose for which the provision comes into force | ||
|---|---|---|---|---|
| 1. | 19th April 2007 | Regulations 1, 2, 3, 4, 10, 11, 12, 13, 14, 15 to 19 (Part 3), 25 to 29 (Part 5), 30 to 37 (Part 6), 49 and 50, Schedule 1 and paragraph 1(7) of Schedule 2. | All purposes. | |
| 2. | 19th April 2007 | Paragraph 1(1) of Schedule 2. | So far as it relates to— | |
| (a) paragraph 1(7); and | ||||
| (b) paragraph 1(8), so far as that paragraph inserts regulations 17F to 17J, | ||||
| of that Schedule. | ||||
| 3. | 19th April 2007 | Paragraph 1(8) of Schedule 2. | So far as it inserts regulations 17F to 17J. | |
| 4. | 19th April 2007 | Regulation 8. | So far as it relates to paragraphs 1 to 3 of this Table. | |
| 5. | 1st June 2007 | Regulations 5, 7(1), and 7(3). | So far as each provision relates to any building which is to be sold or rented out in circumstances where section 155(1) or 159(2) of the Housing Act 2004 imposes a duty on any person in relation to that building, other than a building which was constructed at a time when regulation 17C of the Building Regulations 2000(18) applied to the work. | |
| 6. | 1st June 2007 | Regulation 6 and regulations 38 to 48 (Part 7). | All purposes. | |
| 7. | 1st October 2007 | Regulations 5, 7(1), and 7(3). | So far as each provision relates to any building which was constructed at a time when regulation 17C of the Building Regulations 2000 applied to the work, which is to be sold or rented out in circumstances where section 155(1) or 159(2) of the Housing Act 2004 imposes a duty on any person in relation to that building. | |
| 8. | 1st October 2007 | Paragraphs 1(2)(b), 1(5), 1(9)(a) and 1(10)(a) of Schedule 2. | All purposes. | |
| 9. | 1st October 2007 | Regulation 8 and 9 and paragraphs 1(1), 1(2)(a), 1(3), 1(4), 1(6), 1(8), 1(9)(b), 1(10)(b) and 2 of Schedule 2. | So far as each provision relates to any dwelling. | |
| 10. | 1st January 2008 | Regulations 20 to 24 (Part 4). | All purposes. | |
| 11. | 6th April 2008 | Regulations 5, and 7(2). | So far as each provision relates to any building with a total useful floor area over 500m2, other than a dwelling. | |
| 12. | 6th April 2008 | Regulations 8 and 9 and paragraphs 1(1), 1(2)(a), 1(3), 1(4), 1(6), 1(8), 1(9)(b), 1(10)(b) and 2 of Schedule 2. | For all remaining purposes. | |
| 13. | 1st October 2008 | Regulations 5 and 7. | For all remaining purposes. | |
Inserted by S.I. 2006/652; Part 5 of those Regulations contains transitional provisions setting out the circumstances in which the amendments made by those Regulations (including regulation 17C) do not apply. Back [18]