Energy Bill [HL]

My Lords, this clause enables the framework regulations to require that the energy bill payer consents to the adding of the Green Deal charge to their bills. This is important in cases where the Green Deal plan is set up by someone such as a landlord who does not pay the bills for the property. This clause will enable the framework regulations to prevent, for example, landlords from imposing charges on to tenants’ bills without first obtaining their express written consent. The clause also enables the framework regulations to provide for redress in cases where it transpires that the necessary permissions or consents to the improvements have not been obtained—for example, that the improvements have been made without consulting the freeholder. I am grateful to the noble Lord, Lord Davies of Oldham, and other noble Lords for Amendments 16A and 16B. As I have outlined, there is adequate provision within this clause for the framework regulations to set out more detail on the issue of consent where the improver and bill payer are different people. It is important that such detail is contained within the framework regulations, as the detailed arrangements may be subject to change as the Green Deal develops. These regulations will be subject to the affirmative procedure. In addition, it is not our intention to force the Green Deal on to any party. It must be allowed to work on a voluntary basis, even where the improver and the bill payer are different people. We are proposing powers under the private rented sector chapter that would ensure that a landlord does not unreasonably withhold consent to a tenant’s request for a Green Deal. However, these powers would be used only if the sector as a whole does not take advantage of the Green Deal and improve properties voluntarily. I turn now to Amendment 16B. The Bill contains powers to provide for redress in cases where an improver incorrectly confirms that he has obtained all necessary consents to the improvements. We do not consider that it is necessary, as this amendment seeks to do, to provide for redress in respect of matters agreed to by the improver, as the improver will himself confirm consent by signing up to the Green Deal. I hope that this gives the noble Lord reassurance, enabling him to withdraw his probing amendment.