Office of Public Sector Information
25.—(1) An energy assessor must be a member of an accreditation scheme approved by the Secretary of State.
(2) The terms of approval of any accreditation scheme may be limited in relation to—
(a) the categories of building for which members may produce certificates; and
(b) the types of air-conditioning systems members may inspect.
(3) Before approving an accreditation scheme the Secretary of State must be satisfied that the scheme contains adequate provision—
(a) for ensuring that members of the scheme carry out consistent and accurate energy assessments in an independent manner;
(b) for ensuring that members of the scheme are fit and proper persons who are qualified (by their education, training and experience) to carry out energy assessments;
(c) for requiring members of the scheme to prepare energy performance certificates, recommendation reports, display energy certificates and advisory reports using a standard form for each type of document;
(d) for ensuring that a code is produced and published as regards the conduct required of its members;
(e) for indemnity arrangements in relation to relevant persons and prospective or actual buyers or tenants;
(f) for facilitating the resolution of complaints against members of the scheme;
(g) for requiring energy performance certificates, recommendation reports, display energy certificates and advisory reports produced by members of the scheme to be entered on the relevant register maintained by the Secretary of State pursuant to regulation 31; and
(h) for the keeping of a register of the members of the scheme.
26. An energy assessor must include in an energy performance certificate a declaration of any personal or business relationship (other than in relation to producing the certificate) that he has with—
(a) the person who commissioned the certificate;
(b) any person on whose behalf the certificate was commissioned; and
(c) any person who he believes—
(i) has or may have a personal or business relationship with a person referred to in paragraph (a) or (b); or
(ii) has or may have an interest in the building.
27.—(1) Energy assessors must carry out energy assessments with reasonable care and skill.
(2) The duty imposed by paragraph (1) shall be enforceable by the following persons—
(a) the relevant person;
(b) in the case of an energy performance certificate and recommendation report, any prospective or actual buyer or tenant during the period of validity of the certificate; and
(c) in the case of a display energy certificate and advisory report, the occupier of the building.
(3) Any cause of action arising in relation to the duty imposed by paragraph (1) is deemed not to be an action founded on tort for the purposes of the Limitation Act 1980(15).
28. Any person may, for the purpose of complying with any duty imposed by these Regulations, copy or issue a copy of any document produced by an energy assessor.
29. In this Part, a reference to “energy assessment” includes a reference to—
(a) the preparation and issuing of energy performance certificates;
(b) the preparation and issuing of recommendation reports;
(c) the preparation and issuing of display energy certificates;
(d) the preparation and issuing of advisory reports;
(e) the preparation and issuing of inspection reports;
(f) the carrying out of any inspections undertaken for the purposes of preparing any of the documents referred to in paragraphs (a) to (e).
30. In this Part “keeper of the register” means the Secretary of State or the person keeping a register on the Secretary of State’s behalf.
31.—(1) The Secretary of State shall maintain one or more registers of the following documents—
(a) energy performance certificates and recommendation reports;
(b) display energy certificates; and
(c) advisory reports.
(2) Where an energy assessor issues any of the documents referred to in paragraph (1) he must ensure that it, and the data that was collected to produce it, is entered onto the relevant register before he gives it to the person who requested that he issue it.
(3) Each document entered onto the register—
(a) shall be registered under a unique reference number; and
(b) shall not be altered once registered.
(4) Any document or data entered onto the register must be kept on the register for a period of at least 20 years beginning on the date on which it is entered onto the register.
32. The keeper of the register may charge a fee of £1.15 for entering any document on the register.
33.—(1) The keeper of the register may only disclose any document or data entered onto the register if authorised by this Part.
(2) In this Part, a reference to the disclosure of a document includes a reference to the disclosure of information derived from a document.
34.—(1) This regulation applies where any person—
(a) requests the keeper of the register to disclose a particular document; and
(b) provides to the keeper of the register the relevant reference number of the document he is seeking to be disclosed.
(2) The keeper of the register may disclose to such a person—
(a) the document the person requested; and
(b) any document of the same kind relating to the same building or part of a building as the requested document, which was registered at any time during the period of 10 years ending on the date of the request.
35. The keeper of the register may disclose to an approved accreditation scheme operator—
(a) any document which was prepared by an energy assessor who was a member of the scheme at the time the document was entered into the register; and
(b) any associated data.
36. The keeper of the register may disclose any document or data to an authorised officer of an enforcement authority.
37. The keeper of the register may disclose any document or data to an officer of the Secretary of State for Communities and Local Government—
(a) 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
(b) for statistical or research purposes,
provided that no particular property is identifiable from the document or data disclosed.
1980 c.58. Back [15]
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007