Energy Efficient Scotland consultation: Making our homes and buildings warmer, greener and more efficient

Annex 1: Existing Legislation

Non-exhaustive list of legislation which gives powers and duties to the Scottish Government, local authorities and energy suppliers to improve the energy efficiency of buildings, and reduce emissions associated with their energy and heat supply.

• The Scotland Act 2016 – sections 58 and 59 amending The Energy Act 2010, section 9, which make provision for fuel poverty support schemes
• The Scotland Act 2016 sections 58 and 59 amending The Gas Act 1986 and the Electricity Act 1989 for energy company obligations
• The Regulatory Reform (Scotland) Act 2014 – section 18 and Schedule 2 make provisions for Regulations relating to protecting and improving the environment, including the provision of information on energy consumption and on the efficiency with which energy is used
• The Energy Act 2011 – Chapter 3 makes provision for energy efficiency regulations for domestic and non-domestic private rented sector properties
• The Climate Change (Scotland) Act 2009 – Chapter 3 makes provision for the promotion of energy efficiency and renewable heat, and the assessment of energy efficiency and emissions from domestic and non-domestic buildings
• The Climate Change & Sustainable Energy Act 2006 – sections 15 and 16 which amend the Gas Act 1986 and the Electricity Act 1986 respectively, place requirements on gas transporters and suppliers and electricity distributors and suppliers to promote reductions in carbon emissions
• The Housing (Scotland) Act 2006 – section 90 makes provision for local authorities to offer support for work to improve energy efficiency and safety of premises
• The Building (Scotland) Act 2003 – section 1 read in conjunction with Schedule 1 makes provision for the Scottish Ministers to make building regulations, including on resistance to the transmission of heat
• The Clean Air Act 1993 – Part III makes provision for the designation of smoke control areas by local authorities (with a role for SEPA), and section 20 of the Act (as amended by section 50 of the Regulatory Reform (Scotland) Act 2014), gives the Scottish Ministers powers to determine authorised fuels for burning in smoke control areas.
• The Environmental Protection Act 1990 – section 153 gives powers to the Scottish Ministers to offer financial assistance to certain organisations for environmental purposes.
• The Social Security Act 1990 – section 15 enables grants to be made for the improvement of energy efficiency in dwellings
• The Local Government (Scotland) Act 1973 – part VIII – makes provisions for local authorities to produce and supply heat and electricity, including powers to construct, lay and maintain pipes and associated works for the purpose of conveying heat produced