Energy Bill [HL]

My Lords, I thank noble Lords for raising this matter, which gives me an opportunity to clarify things. Noble Lords can be reassured that there has been a great deal of discussion about this Bill prior to this stage, and after—as one hopes—the Bill goes through, there will continue to be discussions. Chapter 3 deals with a policy matter which is indeed devolved to Scotland. It makes provision for Scotland which is equivalent to that made in Chapter 2 on the private rented sector for England and Wales. Similar to Clause 35, Clause 48 lays the foundations for the provisions in the private rented sector by clearly defining what we mean by ““domestic”” and ““non-domestic”” private rented properties in Scotland for the purposes of this Bill. The only substantial difference is the use of Scottish legislation to define what we mean by the domestic private rented sector in Scotland. The domestic private rented sector in Scotland is defined as properties let under a tenancy covered by the landlord’s repairing duty in Chapter 4 of Part 1 of the Housing (Scotland) Act 2006. The intention is the same as the provisions for England and Wales. We wish to capture the widest range of private rental properties. The definition of a non-domestic private rented property is one which is let under a tenancy and is not a dwelling. A dwelling is already defined under the Energy Performance of Buildings Regulations (Scotland) 2008, so it is logical to use this existing definition for the purposes of this chapter. I thank the noble Duke, the Duke of Montrose, for raising the point on Monday of whether the amendments on Chapter 2 should be extended to Scotland. As the noble Lord, Lord Whitty, notes, as this is largely a devolved matter, it is for Scottish Ministers to consider the amendments and decide whether they would like similar amendments to be made to those provisions which extend to Scotland. Naturally, we will make Scottish Ministers aware of the amendments which this House has been considering, so that they can consider the issues raised and decide whether they wish similar amendments to be applied to the equivalent Scottish provisions in Chapter 3. It does not override existing Scottish legislation, but it gives Scottish Ministers the option to use these powers if they so wish.