70 Applications relating to energy work

(1)

This section applies if any part of an application for a building consent—

(a)

relates to energy work; and

(b)

involves the grant or refusal of a waiver or modification of the building code in relation to that energy work.

(2)

If this section applies,—

(a)

the application must be made to a territorial authority; and

(b)

the territorial authority must refer the part of the application that relates to energy work to the chief executive.

(3)

If any part of the application is referred to the chief executive under subsection (2)(b), the chief executive must—

(a)

consult with the chief executive of the department of State responsible for the administration of the Gas Act 1992 and the Electricity Act 1992; and

(b)

decide—

(i)

whether to grant the waiver or modification in relation to the energy work; and

(ii)

if he or she decides to grant the waiver or modification, whether any conditions should be imposed in respect of the waiver or modification; and

(iii)

if so, what the conditions should be.

(4)

An application referred to in subsection (1) must be treated, for the purposes of section 177, as an application by the applicant for the building consent to which the referral relates, and, accordingly, subpart 1 of Part 3 applies to the application—

(a)

to the extent that it is applicable; and

(b)

with all necessary modifications.

Compare: 1991 No 150 s 34A(1), (2)