
2012 No. 190
Building And Buildings
The Energy Performance of Buildings (Scotland) Amendment Regulations 2012
Made 6th June 2012
Laid before the Scottish Parliament 8th June 2012
Coming into force 1st October 2012
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972  and all other powers enabling them to do so.
Citation and commencement
1 
These Regulations may be cited as the Energy Performance of Buildings (Scotland) Amendment Regulations 2012 and come into force on 1st October 2012.
Amendment of the Energy Performance of Buildings (Scotland) Regulations 2008
2 
The Energy Performance of Buildings (Scotland) Regulations 2008  are amended in accordance with regulations 3 to 11.
Interpretation
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;”.
Energy performance certificates on sale or rent
4 
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Energy performance certificates
5 
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Recommendations report
6 
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Registration of certificates
7 
For regulation 10 (registration of certificates) together with its cross heading substitute—“
Registration of energy performance data
10 

(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.”
Disclosures generally
8 
For regulation 11 (disclosures generally) substitute—“

11 
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.”.
Disclosures to approved organisation
9 
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Disclosures to enforcement authorities and/or the Scottish Ministers
10 
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Use of information by the Scottish Ministers and/or the keeper of the register
11 
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DEREK MACKAY

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh
