S.I. No. 591/2008 - European Communities (Energy Performance of Buildings) (Amendment) (No. 2) Regulations 2008
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 6th January, 2009. | ||
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by Section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by Section 2 of the European Communities Act 2007 (No. 18 of 2007) and for the purpose of giving further effect to certain provisions of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings 1 , hereby makes the following Regulations: | ||
Citation and commencement | ||
1. (1) These Regulations may be cited as the European Communities (Energy Performance of Buildings) (Amendment) (No. 2) Regulations 2008. | ||
(2) The collective citation “the European Communities (Energy Performance of Buildings) Regulations 2006 — 2008” shall include these Regulations. | ||
(3) These Regulations come into operation on 1 January 2009. | ||
Interpretation | ||
2. In these Regulations, “the Principal Regulations” means the European Communities (Energy Performance of Buildings) Regulations 2006 ( S.I. No. 666 of 2006 ). | ||
Amendment of Regulation 2 | ||
3. The Principal Regulations are amended in Regulation 2(1)— | ||
(i) by substituting the following for the existing definition of “accredited BER training provider”: | ||
“ “accredited BER training provider” means— | ||
(1) Sustainable Energy Ireland; | ||
(2) an accredited BER training provider providing a validated BER training course leading to an award recognised through the National Qualifications Authority of Ireland; | ||
(3) an accredited BER training provider providing a BER training course designated in writing by the issuing authority; or | ||
(4) an accredited BER training provider providing a BER training course which is recognised pursuant to the requirements of the Recognition of Professions Qualifications (Directive 2005/36/EC) Regulations 2008 ( S.I. No. 139 of 2008 ).”. | ||
(ii) by inserting the following new definition after the definition of “building control authority”: | ||
“ “display energy certificate” means a certificate in a prescribed form which is created on the basis of an assessment of a large building occupied by a public body, displayed in a prominent place clearly visible to the public, and in accordance with directions issued by the issuing authority;”. | ||
Substitution of Regulation 8 | ||
4. The Principal Regulations are amended by substituting the following for Regulation 8: | ||
“Public Service Buildings | ||
8. (1) A public body shall, in relation to a large building occupied by it on or after 1 January 2009, secure and display a valid display energy certificate. | ||
(2) A display energy certificate shall be updated and renewed each year. | ||
(3) A display energy certificate shall be in the form prescribed in the Fifth Schedule to these Regulations. | ||
(4) The issuing authority may issue a Code of Practice from time to time in relation to display energy certificates. | ||
(5) For the avoidance of doubt, the requirement for a display energy certificate is additional to the requirement to secure a BER certificate pursuant to Regulation 7.”. | ||
Amendment of Regulation 20 | ||
5. The Principal Regulations are amended in Regulation 20(4)(d) by substituting “Data Protection Acts 1988 and 2003” for “Data Protection Act 1987”. | ||
Amendment of Schedules | ||
6. The Principal Regulations are amended by deleting each occurrence of the word “new” from the titles of the First Schedule and the Third Schedule. | ||
New Schedule | ||
7. The Principal Regulations are amended by inserting the following Schedule after the Fourth Schedule, as inserted by the European Communities (Energy Performance of Buildings) (Amendment) Regulations 2008 ( S.I. No. 229 of 2008 ): | ||
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Article 8 | ||
FIFTH SCHEDULE | ||
Form of Display Energy Certificate for Public Buildings | ||
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GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government, | ||
23 December 2008 | ||
JOHN GORMLEY. | ||
Minister for the Environment, Heritage and Local Government. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||
These Regulations amend the European Communities (Energy Performance of Buildings) Regulations 2006 — 2008 ( S.I. No. 666 of 2006 and S.I. No. 229 of 2008 ). They provide for a display energy certificate for large buildings occupied by public bodies on or after 1 January 2009. Existing buildings offered for sale or rent on or after 1 January 2009 must have a BER certificate in the form prescribed in schedules 1 or 3 of the Principal Regulations as appropriate. | ||
