
1 
These Regulations may be cited as the Energy Performance of Buildings (Scotland) Amendment Regulations 2012 and come into force on 1st October 2012.
2 
The Energy Performance of Buildings (Scotland) Regulations 2008  are amended in accordance with regulations 3 to 11.
3 
In regulation 2(1) (interpretation)—
(a) omit the definition of  “associated data”;
(b) after the definition of  “energy performance certificate” insert—““energy performance data” means information needed to produce an energy performance certificate or a recommendations report;”; and
(c) after the definition of  “prospective tenant” insert—““recommendations report” has the meaning given in regulation 6A;”.
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For regulation 10 (registration of certificates) together with its cross heading substitute—“
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(1) There must be one or more registers of energy performance data from which the following documents may be produced—
(a) an energy performance certificate; and
(b) a recommendations report.
(2) Each register referred to in paragraph (1) shall be maintained by a keeper.
(3) A register may be maintained for different purposes or for different classes of buildings or building units.
(4) Where a member of an approved organisation issues any document referred to in paragraph (1)(a) or (b), that person must ensure that the energy performance data relating to that document is sent to the relevant register before the document is issued.
(5) Any energy performance data entered onto a register—
(a) must be registered under a unique reference; and
(b) must not be altered once registered.
(6) Any energy performance data entered onto a register must be kept on the register for a period of at least 10 years beginning on the date on which it is entered onto the register.”
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For regulation 11 (disclosures generally) substitute—“
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The keeper of a register may only disclose any—
(a) energy performance data;
(b) any document produced from that data; and
(c) any information derived from that data,if authorised by regulation 12 or 13.”.
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DEREK MACKAY

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh
