The Energy Performance of Buildings (Scotland) Amendment Regulations 2015
These Regulations amend the Energy Performance of Buildings (Scotland) Regulations 2008 (“the 2008 Regulations”) which transpose Directive 2010/31/EU of the European Parliament and of the Council of 19th May 2010 on the energy performance of buildings. Regulation 15 of the 2008 Regulations provides that the local authority is the enforcement authority for its area and that there is a duty on the local authority to enforce the 2008 Regulations in its area. Regulation 2(6) amends regulation 15 to provide that the Scottish Ministers may direct that they or another person (including another local authority) are to be an enforcement authority in respect of the performance by a local authority of the duties under the 2008 Regulations. The new paragraph (4) extends the duty to enforce in regulation 15(2) where a local authority becomes an enforcement authority by virtue of a direction. Regulation 2(2) also amends the provisions in the 2008 Regulations in respect of disclosure of energy performance data by the keeper of the register of such data maintained under the 2008 Regulations.