Green Homes Grant: installer terms and conditions
Published 30 September 2020
Applies to England
Version 2, in effect from 4 January 2021
Definitions
Words and expressions used in these installer terms and conditions have the meanings given to them in Annex A of these installer terms and conditions.
Introduction
1. The scheme is a grant scheme which supports the installation, in domestic properties located in England, of certain ‘Eligible Measures’, as described in Annex B of these installer terms and conditions.
2. These installer terms and conditions apply to those sole traders, companies or other organisations who are in the business of installing one or more types of Eligible Measure and wish to participate as a Registered Installer in the scheme.
3. Installers who wish to participate as a Registered Installer in the scheme must, as a condition of participation, meet the relevant Installer Eligibility Requirements (as described in Annex D of these Terms and Conditions).
4. Grants under the scheme will be offered to customers who meet the customer eligibility requirements (as described in Annex C of these installer terms and conditions), and who agree to comply with the customer terms and conditions (as specified by the scheme administrator), by way of those Customers being issued with a voucher by the scheme administrator on behalf of BEIS.
5. The scheme administrator will pay the relevant grant, on behalf of the relevant customer, to the Installer where installation of the relevant Eligible Measure(s) covered by the voucher(s) for the relevant property has been completed by an Installer who is a Registered Installer and as long as the other requirements described in both the customer terms and conditions and these installer terms and conditions have been met.
6. The scheme is funded by BEIS and payments under the scheme will be processed and administered by the scheme administrator on behalf of BEIS.
Application for registration
- 7. The Installer must apply to the scheme administrator to become Registered for the purposes of the scheme and the installation of one or more particular types of Eligible Measure under the scheme. By making an application of this kind, the Installer will be confirming that:-
- a. it meets and will comply with all of the Installer Eligibility Requirements applicable to the type(s) of Eligible Measure in question; and
- b. it accepts these installer terms and conditions and agrees, as part of a contractual arrangement between itself and the scheme administrator, to these Terms and Conditions governing its participation in the scheme as a Registered Installer.
- 8. The Installer must ensure that:
- a. in applying to become Registered, it follows the application procedure specified by the scheme administrator and, as part of this, provides all of the information specified by the scheme administrator;
- b. all information provided to the scheme administrator in connection with the Installer’s application to participate in the scheme, and in response to any enquiries or other requests for information which the scheme administrator may ask the Installer to respond to from time to time, is true, accurate and complete at the time it is provided;
- c. if there is any material change to any information previously provided to the scheme administrator, including any information relating to the Installer’s compliance with the Installer Eligibility Requirements, the Installer must notify the scheme administrator of this change as soon as reasonably practicable and in any event within 7 (seven) days of becoming aware of the change.
- 9. On receiving an application from the Installer to participate in the scheme, the scheme administrator will carry out certain checks and then make a determination, at its discretion, as to the eligibility of the Installer to be Registered in respect of the particular type(s) of Eligible Measure to which the application relates (see Annex D). If the scheme administrator determines that the Installer is not eligible to be Registered for these purposes, the Installer may be able to appeal that determination by following the appeals process set out by the scheme administrator.
- 10. The Installer is not permitted to participate in the scheme, or represent that it participates in the scheme, unless it has been and remains Registered in respect of one or more types of Eligible Measure.
- 11. Even where the Installer has been successfully Registered in respect of one or more particular types of Eligible Measure, it is not permitted to participate in the scheme, or represent that it participates in the scheme, in relation any other type of Eligible Measure for which the Installer has not been and does not remain Registered.
Changes to the scheme
- 12. No guarantee is given by the scheme administrator or BEIS as to the amount or value of any business which the Installer may secure as a result of it participating in the scheme. In particular, any of the following things may happen at any time, either at the instigation of the scheme administrator acting with the approval or under the instruction of BEIS or at the instigation of BEIS directly:
- a. the scheme may be suspended or closed, such that no further vouchers are issued under it, either temporarily or permanently, although this would be without prejudice to any customer’s right (subject to the customer terms and conditions) to claim under any voucher that has been issued prior to any suspension or closure;
- b. the amounts of grant available in respect of particular Eligible Measures and/or the eligibility requirements that apply under the scheme (including as to the type of measures which constitute Eligible Measures, the customer eligibility requirements and the Installer Eligibility Requirements and/or any provisions of the customer terms and conditions) may be changed from time to time. Where any change of this kind occurs in respect of particular eligibility requirements, Annexes B, C and/or D of these installer terms and conditions (as applicable) will be treated as having been varied accordingly (as regards any vouchers that are issued after the changes come into effect);
- c. these installer terms and conditions may be varied by the scheme administrator on giving notice of the variation(s) to the Installer, where directed to do so by or agreed with BEIS;
- d. limits may be imposed on the number of additional vouchers that can be applied for by customers in respect of Eligible Measures to be installed by the Installer;
- e. in certain circumstances, vouchers may be amended or cancelled by the scheme administrator in accordance with the applicable customer terms and conditions;
General obligations
- 13. At all times when participating in the scheme, following its Registration by the scheme administrator for these purposes, the Installer must:
- a. co-operate promptly with reasonable requests from the scheme administrator and/or BEIS to provide any Relevant Records which are requested to assist with the identification and prevention of any fraudulent practices arising in connection with the scheme and/or to provide any other information which the scheme administrator or BEIS may reasonably request in connection with the administration of the scheme, including for the purposes of verifying that the Installer meets all Installer Eligibility Requirements and/or that the Installer has complied with these installer terms and conditions;
- b. ensure that customers are informed that the scheme is a scheme funded by BEIS and that any grant will be distinct from other financial incentives that the Installer may be offering to the customer;
- c. comply with the law in relation to its activities under and/or in connection with the scheme; act honestly and fairly and do nothing to bring the scheme into disrepute. Without limiting the generality of the previous sentence, the Installer shall ensure that any information provided to the customer in relation to the scheme is clear and appropriate; not engage in any mis-selling in relation to the scheme; not use the GHG Mark in a way that is misleading or inappropriate; not make statements which suggest or imply that the Installer is recommended or endorsed by Government or the scheme administrator; and ensure that all requirements of law relating to an Eligible Measure and its installation and/or the Installer’s relationship with the customer are complied with;
- d. continue to meet and comply with all Installer Eligibility Requirements applicable to the particular type(s) of Eligible Measure for which the Installer has been Registered for the purposes of the scheme, including by continuing to be registered by TrustMark in respect of each such type of Eligible Measure and to hold any necessary certifications (as specified in the Installer Eligibility Requirements) applicable to each such type of Eligible Measure;
- e. comply with all rules and other requirements applicable to the Installer’s membership of the TrustMark approved scheme(s) of which, as a matter of the Installer Eligibility Requirements, the Installer is required to be a member;
- f. comply, and ensure that its officers, employees, agents and subcontractors comply, with UK Government best practice ‘Working safely during coronavirus (COVID-19)’ when working at or in any customer’s property; and
- g. comply with requests from the scheme administrator to download and utilise, as and when required by the scheme administrator, a mobile application for on-site photographic verification in order to support the demonstration of an Eligible Measure being completed with pre and post installation photographs.
- 14. Notwithstanding the obligations under paragraph 13 above, the Installer must notify the scheme administrator without delay if at any time the Installer ceases to be registered by TrustMark for a relevant type of Eligible Measure and/or ceases to hold any necessary certification for a relevant type of Eligible Measure, including (in either case) where any such registration or certification is suspended or cancelled by the relevant scheme provider or where the Installer withdraws from participation in the relevant scheme.
- 15. The scheme administrator licences the Installer to use the GHG Mark in connection with its activities relating to the scheme but in doing so the Installer must at all times comply with the then current GHG Brand Guidelines. The Installer will not have any right to sub-licence the use of the GHG Mark to its subcontractors or otherwise.
Pre-installation obligations
- 16. When providing a quotation to a customer, in respect of the installation of an Eligible Measure, for the purposes of the customer then making application for a voucher relating to that Eligible Measure, the Installer must ensure that:
- a. the price quoted to the customer for the installation (including that related to the Eligible Cost) must be reflective of the Installer’s usual prices for an installation of that kind and must not be any higher than the price that would be quoted if the installation was not being carried out under the scheme and the customer was paying the full price of the installation themselves;
- b. the price quoted relates only to work to be undertaken after the issue of the voucher and does not include any cost of supplying the quote itself;
- c. the price quoted to the customer for the installation must accurately reflect the rates of VAT applicable to the Eligible Cost(s) in question, such that the benefit of any reduced rates of VAT is passed on to the customer;
- d. the quotation complies with any minimum requirements as to its form and content, as specified by the scheme administrator;
- e. where the Installer is providing any quotation in respect of any goods, services or works the cost of which is outside the scope of the scheme (including where any such cost will not constitute an Eligible Cost for the purposes of the scheme), the relevant goods, services or works are covered in a separate quotation;
- f. the customer is made aware of the customer terms and conditions that apply under the scheme and that by making an application for a voucher the customer will be required to accept the customer terms and conditions. Whilst the Installer will need to provide the customer with certain information for the purposes of applying for a voucher, the Installer must not, under any circumstances, submit the relevant application on behalf of the customer; and
- g. the Installer represents to the customer that the contract formed on acceptance of the quotation will include the mandatory scheme conditions.
- 17. The Installer must ensure that, when entering into any contract with a customer in connection with the installation of an Eligible Measure under the scheme (meaning any contract to be entered into where the expectation on the part of the customer is that the cost of installing the relevant Eligible Measure will be supported by a grant), the following requirements are met as to the content and legal effect of that contract (these items 17a. to g. inclusive being the ‘mandatory scheme conditions’):-
- a. the contract must be consistent in all respects (including as to the amount payable to the Installer in respect of the relevant installation) with the quotation used by the customer in making its application for a voucher and must include an assurance from the installer that the relevant measure(s) installed under the contract will be Eligible Measure(s) which meet and are installed in accordance with all applicable eligibility requirements described in Annexes B and D of these installer terms and conditions. The contract must also be compliant with all applicable laws;
- b. if the contract is entered into before the customer has been issued with a voucher, any obligation on the customer to proceed with the relevant installation and/or make any payment to the Installer must be strictly conditional on a voucher being issued which covers the Eligible Measure and identifies the Installer as the Registered Installer who will be carrying out the installation;
- c. the contract must provide that if at any time prior to completion of the installation of the Eligible Measure the Installer ceases to be Registered, the customer will have a right to cancel the contract on a no liability basis (such that the customer is not required to make any payment to the Installer in respect of the relevant installation) and, where any installation work has already started, to require the customer’s property to be reinstated to the condition it was in prior to the start of the work at no cost to the customer and provide for the return of any deposit or part payment made by the customer in respect of the Eligible Measures;
- d. the contract may provide for the customer to pay a deposit towards the Eligible Costs of the Eligible Measure in accordance with the Installer’s usual terms of business, as long as the amount of that deposit is reasonable and is not in any event in excess of the anticipated customer contribution. For clarity, this means that under the low income scheme the customer must not be required to pay any deposit at all except where (i) the total cost of all the Eligible Measures being installed at the customer’s property under the scheme exceeds £10,000; and (ii) the deposit relates only to additional work, beyond the £10,000 grant limit, that is not covered by a voucher.
- e. the contract must provide that the customer is not required to redeem its voucher unless and until, prior to the voucher expiry date, the voucher has become redeemable in accordance with the customer terms and conditions;
- f. the contract must provide that if any voucher expires before its redemption or is cancelled and/or payment of the grant is withheld or clawed-back, in each case for any reason other than due to a customer default (as defined in the following sentence of this sub-paragraph f), the risk of that expiry, cancellation, withholding or clawback is to be borne by the Installer alone and the customer will not be required to make any additional payment to the Installer in respect of the resulting shortfall in what the Installer will have been paid for the installation. For these purposes, a customer default means any of the following: (i) any failure on the part of the customer to comply with reasonable obligations imposed by the Installer in the contract for the purposes of the Installer being able to carry out and complete satisfactorily the installation of the relevant Eligible Measure at least 7 (seven days) prior to the voucher expiry date; (ii) a breach of the customer terms and conditions by the customer; (iii) any fraud by the customer or collusion with the Installer; (iv) a failure on the part of the customer, within a period of 7 (seven) days after the voucher has become redeemable, to take the steps the customer needs to take under the customer terms and conditions in order to redeem the voucher; or (v) the customer or its property ceasing to be eligible for the voucher under the customer terms and conditions as a result of a change in circumstances;
- g. the contract must provide that, except where a customer default (as defined in sub-paragraph f above) has caused the customer’s voucher to be cancelled and/or payment of the grant covered by that voucher to be withheld or clawed-back, the customer will not be required to make any payment to the Installer (whether before or after installation of the Eligible Measure) in respect of the relevant Eligible Costs which were, or were due to be, covered by the relevant grant.
- 18. The Installer must inform the customer as soon as possible if, at any time, the Installer becomes aware of any matter that might result in the customer no longer being eligible for a grant.
- 19. The Installer must comply with the mandatory scheme conditions in any contract for the installation of Eligible Measures.
Installation requirements
- 20. Work on installing an Eligible Measure must not start prior to issue of the voucher and must be completed satisfactorily at least 7 (seven) days prior to the voucher expiry date to enable the customer to take the steps required under the customer terms and conditions to redeem the voucher prior to the voucher expiry date.
- 21. If the Installer wishes to subcontract any part of the work involved in installing an Eligible Measure, this must be carried out in accordance with the relevant PAS or MCS requirement with regards to subcontracting.
- 22. Where the Eligible Measure being installed is a type of energy efficiency improvement measure (being any of the ‘Insulation Primary Measures’ or ‘Secondary Measures’ described in Annex B of these installer terms and conditions), the Installer must ensure that:-
- a. the relevant measure is one which meets, and is installed in accordance with, all applicable eligibility requirements in Annexes B and D of these installer terms and conditions, including the requirement for the installation to comply with the Relevant PAS/MCS Standard; and
- b. details of the installation must once completed also be lodged on the TrustMark data warehouse.
- 23. Where the Eligible Measure being installed is a type of low carbon heating system (being any of the ‘Low Carbon Heating Primary Measures’ described in Annex B of these installer terms and conditions), the Installer must ensure that:
- a. the relevant measure is one which meets, and is installed in accordance with, all applicable eligibility requirements in Annexes B and D of these installer terms and conditions, including the requirement for the installation to comprise MCS certified products that are listed in the MCS Product Directory and for the installation to be carried out in compliance with the Relevant PAS/MCS Standard for the relevant type of measure;
- b. the installation is registered on the MCS ‘MID’ database and an MCS certificate is generated as part of the commissioning of the installation;
- c. details of the installation must once completed also be lodged on the TrustMark data warehouse.
Post-installation requirements
- 24. Within 14 days following completion of the installation of each Eligible Measure covered by a voucher and in any event not later than 7 (seven) days before the voucher expiry date (assuming, as required by paragraph 20, that the installation has been completed satisfactorily by then), the Installer must:
- a. issue an invoice to the customer in respect of the installation of the Eligible Measure, which must comply with any requirements specified by the scheme administrator as to its form and content and, in particular, must show all the Eligible Costs of supplying and installing the Eligible Measure and the VAT rate applicable to each element of the relevant installation. Where any other work, not relating to the installation of the Eligible Measure covered by the customer’s voucher, is carried out by the Installer for the customer, that other work must be invoiced separately;
- b. where applicable, issue the customer with an appropriate claim of conformity and any relevant handover pack, as required in accordance with the Relevant PAS/MCS Standard;
- c. where the Eligible Measure is a low carbon heating system, issue the customer with the relevant MCS certificate, together with any relevant manufacturer’s instructions for operating and maintaining that system;
- d. where the Eligible Measure is a biomass fuelled low carbon heating system, provide the customer with information about the ‘Biomass Suppliers List’;
- e. where required in accordance with the rules specified by TrustMark in its ‘Green Home Grant Scheme Requirements for TrustMark Scheme Providers’ document and/or any rules of the relevant TrustMark approved scheme, provide the customer with a copy of the guarantee which the Installer is required to provide under the those rules; and
- f. upload to the TrustMark data warehouse all information which the Installer is required to upload as a matter of the rules specified by TrustMark in its ‘Green Home Grant Scheme Requirements for TrustMark Scheme Providers’ document.
Payment of the grant
- 25. Under the customer terms and conditions a voucher will become redeemable in the following circumstances:-
- a. except in the circumstances described in sub-paragraph b below, a voucher will become redeemable once the installation of the Eligible Measure covered by that voucher has been completed satisfactorily by the Installer referred to in the voucher and (prior to the voucher expiry date) the Installer has fully complied with its obligations under paragraph 24 above in relation to that Eligible Measure;
- b. where for any particular property multiple vouchers have been issued covering one or more Primary Measures and one or more Secondary Measures, then a voucher for any such Secondary Measure will only become redeemable: (i) once the installation of that Secondary Measure has been completed satisfactorily by the Installer referred to in that voucher and (prior to the voucher expiry date) the Installer has fully complied with its obligations under paragraph 24 above in relation to that Secondary Measure; AND (ii) the value of the grant applicable to that Secondary Measure (when added to all other Secondary Measures redeemed to that date) is less than the value of the grant(s) already paid out in respect of the relevant Primary Measure(s),
- and (in either case) prior to redemption the voucher remains valid and has not been cancelled under the customer terms and conditions.
- 26. Once any voucher has become redeemable, the Installer may require the customer:-
- a. to pay the Installer any balance of the customer contribution (after taking into account the grant and any deposit paid), in respect of the installation of the relevant Eligible Measure; and
- b. to take the necessary steps under the customer terms and conditions to redeem the voucher and commence the process for the relevant grant being claimed from the scheme administrator.
- 27. Where a customer contribution is required, the customer contribution is a condition of voucher eligibility. The Installer must not accept non-payment, pay the customer contribution themself, or provide cashback to secure the work. These actions would result in voucher invalidation.
- 28. Once the customer has taken steps referred to in paragraph 26 above, the scheme administrator will confirm this to the Installer and the Installer must then do the following within 10 working days of receiving the scheme administrator’s confirmation under this paragraph:-
- a. where applicable, confirm to the scheme administrator that the Installer has received the relevant customer payment referred to in paragraph 26 above;
- b. confirm to the scheme administrator that the necessary lodgements have been made with TrustMark, as referred to in paragraph 24 f above;
- c. make the Installer Declarations; and
- d. provide to the scheme administrator a dated image or copy of the relevant invoice issued by the Installer, as referred to in paragraph 24 a above.
- 29. Where the Installer has complied with paragraph 28 in respect of a redeemable voucher and the scheme administrator is reasonably satisfied that all necessary requirements arising under the customer terms and conditions and the installer terms and conditions have been met and continue to be met as regards the installation of the Eligible Measure covered by the relevant voucher, the scheme administrator will, provided always it is in receipt of funds from BEIS in order to make such payment, pay, on behalf of the customer, the relevant amount of grant to the Installer. For these purposes, the Installer will be required to provide details to the scheme administrator of a UK bank account in the name of the Installer named on the voucher to which payment of grant will be made.
- 30. For the avoidance of doubt, the scheme administrator reserves the right to withhold payment of that grant and/or cancel the relevant voucher if it is entitled to do so under the relevant customer terms and conditions.
- 31. Where any payment of grant is made to the Installer by the scheme administrator and it is subsequently determined by the scheme administrator that:-
- a. part or all of that grant payment was made in error;
- b. part or all of that grant payment was made on the basis of any false statements or fraudulent activity on the part of the Installer or any of its officers, employees, agents or subcontractors;
- c. the Installer and/or any of its officers, employees, agents or subcontractors was guilty of any inappropriate collusion with the relevant customer; and/or
- d. there was a breach by the Installer of any of these installer terms and conditions as regards any aspect of the Eligible Measure(s) and/or the relevant installation work (including any related dealings with the customer and/or the scheme administrator) in respect of which that grant payment was made,
- the scheme administrator will have the right (without affecting any other right or remedy it may have) to notify the Installer of the amount of the relevant grant payment that the scheme administrator determines should not have been paid and to clawback that amount from the Installer. In these circumstances, the Installer must pay the scheme administrator the amount in question within 14 days of being notified of that amount and the requirement to pay it. In the event of late payment, the Installer shall pay interest on the outstanding amount in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.
Record keeping and audits
32. The Installer must keep all Relevant Records for a minimum of six (6) years following completion of the installation of the Eligible Measure(s) under the scheme. The Installer must allow authorised representatives of the scheme administrator and/or BEIS at any time during that period on reasonable request to inspect and take copies of all Relevant Records and to undertake telephone audits using the contact details provided in these installer terms and conditions.
Limitation of liability
- 33. Subject to paragraph 34 below, neither the scheme administrator nor BEIS will be liable for any direct, indirect or consequential losses or damages whatsoever which may arise out of or in connection with the Installer’s participation in the scheme, including any loss of profit. In particular the scheme administrator shall not be liable to the Installer for any losses or additional costs it incurs as a result of:
- a. an initial refusal or delay by the scheme administrator to issue a voucher in response to a customer’s application;
- b. an initial refusal or delay by the scheme administrator to make a payment to the Installer in the event that it is not reasonably satisfied that the requirements at paragraphs 25 to 30 above have been satisfied, irrespective of whether the customer or Installer, as applicable, is successful in making an appeal against such refusal or any decision by the scheme administrator, or appealing against any decision which resulted in the refusal or delay.
- 34. Nothing in these installer terms and conditions will have the effect of excluding or limiting the liability of the scheme administrator or BEIS for death or personal injury caused by (respectively) the negligence of the scheme administrator or BEIS or (respectively) any fraud or fraudulent misrepresentation by the scheme administrator or BEIS, or any other matter which, by law, may not be excluded or limited.
- 35. The scheme administrator shall have no liability to the Installer in the event that due to an action or default of the customer or a change in the customer’s circumstances a voucher is cancelled or ceases to be valid, or the customer ceases to be entitled to redeem it.
- 36. The scheme administrator shall not be in breach of these installer terms and conditions nor liable for delay in performing, or failure to perform, any of its obligations under them if such delay or failure results from events, circumstances or causes beyond its reasonable control.
- 37. The Installer must accept full responsibility and liability for the quality and performance of the Measure(s) installed at a customer’s property and for all work carried out by it, or on its behalf (including by any subcontractor), in connection with the scheme.
- 38. The Installer must not, and must ensure that its officers, employees, agents and subcontractors (if any) do not, do or say anything that might give the impression to any customer that either the scheme administrator or BEIS is providing any kind of guarantee or other assurance as to the quality or performance of any Eligible Measure installed at the customer’s property and/or as to any work carried out by the Installer, or on its behalf, in connection with the scheme.
- 39. Where any customer makes any complaint or raises any other concerns with the Installer about any Eligible Measure (to be) installed at the customer’s property and/or as to any work (to be) carried out by the Installer or on its behalf, the Installer must ensure that (without prejudice to its obligations under paragraph 37 above) it complies with any relevant complaints and/or redress procedures that apply under the relevant TrustMark Approved scheme(s) of which the Installer is a member.
- 40. The Installer must accept full responsibility and liability in respect of any false or fraudulent declarations or representations made by the Installer or any of its officers, employees, agents or subcontractors in connection with the scheme and in respect of any liability incurred by the parties arising as a result of any failure by the Installer to comply with paragraph 17 above.
Cancellation of registration
- 41. The scheme administrator will have the right to cancel the Registration of the Installer, either as a whole as regards any and all Eligible Measures or (as the scheme administrator reasonably considers appropriate) in part as regards one or more particular types of Eligible Measure only, where the scheme administrator has reasonable grounds for believing that any of the following circumstances have occurred:-
- a. the Installer has ceased to be registered by TrustMark;
- b. where membership of MCS is a relevant Installer Eligibility Requirement, the Installer has ceased to be a member of MCS;
- c. where certification under a Relevant PAS/MCS Standard is a relevant Installer Eligibility Requirement, the Installer has ceased to be certified under the Relevant PAS/MCS Standard;
- d. the Installer or any of its officers, employees, agents or subcontractors has made any false statement or committed any fraud;
- e. the Installer or any of its officers, employees, agents or subcontractors is guilty of any inappropriate collusion with a customer;
- f. the Installer or any of its officers, employees, agents or subcontractors is guilty of any mis-selling; and/or
- g. the Installer has breached any of these installer terms and conditions.
- 42. If the scheme administrator reasonably considers that it has the right to cancel the Installer’s Registration pursuant to paragraph 41 above but (at the scheme administrator’s option) the scheme administrator wishes to carry out an investigation into any of the circumstances referred to in that paragraph, pending a final decision being made on cancellation of the Installer’s Registration, the scheme administrator may notify the Installer of such intention and may also decide that the Installer’s Registration is temporarily suspended from the date of that notification until a final decision is made by the scheme administrator. The Installer will be given the opportunity to make representations to the scheme administrator before the scheme administrator makes its final decision. During any period of suspension, the Installer must not enter into any new arrangements with customers to install Eligible Measures under the scheme. If the Installer disagrees with the scheme administrator’s decision under paragraph 41 above to cancel or suspend the Installer’s Registration it may appeal that decision via the appeals process set out by the scheme administrator, but the relevant cancellation or suspension will remain effective unless and until determined otherwise via this appeals process.
- 43. Where the scheme administrator decides to cancel the Installer’s Registration, the scheme administrator will notify the Installer of that fact. Cancellation will take effect from the date of the notification and the Installer will not be able to:
- a. enter into any new arrangements with customers to install Eligible Measures under the Scheme from that date; or
- b. commence installation work for existing vouchers.
- Where installation work has already commenced for existing vouchers, paragraph 17 c. (customer right to cancel contract for installation) shall apply.
- 44. Where the Installer wishes to withdraw its Registration it must inform the scheme administrator. The scheme administrator will confirm in writing the date from which the withdrawal of the Installer’s Registration is effective. The Installer must not:
- a. enter into any new arrangements with customers to install Eligible Measures under the scheme from that date; or
- b. commence installation work for existing vouchers.
- Where installation work has already commenced for existing vouchers, paragraph 17 c. (customer right to cancel contract for installation) shall apply.
- 45. If the Installer becomes aware that its Registration has been, or might be, cancelled or suspended, it must inform any relevant customers as soon as possible that they may no longer be eligible for a grant.
Miscellaneous
- 46. Data Protection – The scheme administrator and the Installer shall each comply with the Data Protection Legislation and shall not do, or omit to do anything which causes, or may cause, the other or BEIS to be in breach of its or their obligations under the Data Protection Legislation.
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Controller to controller relationship
- a. This clause sets out the arrangements for the sharing of personal data between the scheme administrator and the Installer as controllers. Each party acknowledges that one party (referred to in this clause as the Data Discloser) may disclose to the other party Shared Personal Data collected by the Data Discloser for the Agreed Purposes.
- b. Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation.
- c. Each party shall:
- (a) ensure that it has all necessary notices and consents in place that are required under Data Protection Legislation to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
- (b) give full information to any data subject whose personal data may be processed under these installer terms and conditions of the nature such processing. This includes giving notice that, on the termination of these installer terms and conditions, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;
- (c) process the Shared Personal Data only for the Agreed Purposes;
- (d) not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
- (e) ensure that all Permitted Recipients (except for a party’s own employees) are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by these installer terms and conditions. Each party must ensure that their employees who will have access to any Shared Personal Data have signed confidentiality undertakings;
- (f) ensure that it has in place appropriate technical and organisational measures to ensure a level of security for the Shared Personal Data that is appropriate to the risks to individuals that may result from the unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. Without prejudice to the generality of the previous sentence, the Installer shall take and comply with all of the measures it has informed the scheme administrator that it will take to protect the Shared Personal Data and shall update them from time to time throughout the term of these installer terms and conditions so that they continue to comply with the Data Protection Legislation and applicable good industry practice (and shall not make any changes that might result in a lesser degree of protection being afforded to any Shared Personal Data). If there is any conflict or inconsistency between any of these requirements, the requirement that provides the greater level of security shall apply.
- (g) not transfer any personal data received from the Data Discloser outside the UK/EEA unless the transferor: (i) complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller); and (ii) ensures that (aa) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 of the GDPR; or (bb) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (cc) Binding corporate rules are in place or (dd) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
- d. Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, each party shall:
- (a) consult with the other party about any notices given to data subjects in relation to the Shared Personal Data;
- (b) promptly inform the other party about the receipt of any data subject access request;
- (c) provide the other party with reasonable assistance in complying with any data subject access request;
- (d) notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislation and/or any personal data breach (as defined by Data Protection Legislation) and take all necessary steps to promptly remedy any personal data breach that relates to its processing of any Shared Personal Data;
- (e) use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
- (f) maintain complete and accurate records and information to demonstrate its compliance with this paragraph 46; and
- (g) provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the training of relevant staff, the procedures to be followed in the event of a data security breach, and the regular review of the parties’ compliance with the Data Protection Legislation.
- 47. Data Sharing and Processing – The Installer agrees that any information received through the Scheme process, including information received from or about the Installer and/or its employees/contractors, may be processed by the scheme administrator and/or BEIS, and/or shared between the scheme administrator and/or BEIS (or a person acting on their behalf), any oversight body for the Scheme, TrustMark, Ofgem, Land Registry, Ministry of Housing, Communities and Local Government, any relevant eligibility checking organisations or enforcement bodies identified by the scheme administrator, and/or any external evaluator appointed for the purpose of evaluating the Scheme. Any data processed or shared in this way will be limited to that which is necessary: to ensure effective operation of the Scheme; for effective review and evaluation of the Scheme; to investigate or prosecute non-compliance with these installer terms and conditions, any relevant customer terms and conditions and/or or relevant requirements of law relating to action taken in relation to the Scheme; for fraud prevention and mitigation (including audit activities); for research, evaluation and statistical purposes, and potentially for future contact via telephone, mail or email by BEIS and/or the scheme administrator or a person acting on their behalf for these purposes.
- 48. Third party rights
- a. Except as expressly provided in sub-paragraph b. below, a person who is not a party to this Agreement will not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in this Agreement.
- b. BEIS will have the right to enforce any provision in this Agreement which expressly or by implication confers a benefit on BEIS.
- 49. Relationship with the scheme administrator and BEIS - Nothing in these installer terms and conditions creates a relationship of employment, agency, partnership or joint venture between the Installer and either the scheme administrator or BEIS. Accordingly, the Installer must not hold itself out as having any such relationship with the scheme administrator or BEIS.
- 50. Waiver - if the Installer does not comply with any of these installer terms and conditions and the scheme administrator does not respond or take any action immediately on becoming aware of the issue, this does not mean that it cannot take action in the future.
- 51. Validity - if a court or other authority tells the scheme administrator that any part of these installer terms and conditions is not valid, the rest of these installer terms and conditions will not be affected.
- 52. Transfer of rights and obligations – the Installer will not have any right to assign or otherwise transfer any of its rights or obligations under this Agreement without the specific prior written approval of the scheme administrator. The scheme administrator will have the right to transfer all of its rights and obligations this Agreement to BEIS or to any replacement contractor appointed by BEIS to administer the Scheme and, if requested to do so at any time, the Installer must enter into any documents the scheme administrator or BEIS reasonably requests that the Installer enter into in order to give full effect to a transfer of this kind.
- 53. Governing Law and jurisdiction – These installer terms and conditions will be governed by and construed in accordance with English Law and they and any dispute arising under or in connection with them will be subject to the exclusive jurisdiction of the courts of England and Wales.
- 54. Interpretation- In these installer terms and conditions, and unless context otherwise requires:-
- a. references to legislation, including EU legislation and any documents issued by the EU institutions, are to that legislation as amended or re-enacted from time to time;
- b. the words ‘include’, ‘including’ or ‘in particular’ are to be read as if they were followed by the words ‘but not limited to’.
Annex A - Definitions
‘Agreed Purposes’ means the administration and performance of the parties’ obligations to each other, to BEIS, and to customers (as applicable), in relation to the scheme;
‘Agreement’ means the agreement created between the Installer and the scheme administrator on the basis of the Installer’s acceptance of these installer terms and conditions;
‘BEIS’ means the Secretary of State for Business, Energy and Industrial Strategy;
‘Biomass Suppliers List’ means that at https://biomass-suppliers-list.service.gov.uk/
‘Customer’ means the owner of a domestic property located in England who has applied or (as the context requires) wishes to apply for a voucher under the scheme;
‘Customer contribution’ means, out of the total price (including all Eligible Costs) payable by a customer to the Installer for a particular Eligible Measure covered by a voucher, the amount that will not be covered by the relevant grant and will accordingly be payable by the customer themselves;
‘Customer eligibility requirements’ means the requirements specified in Annex C of these installer terms and conditions, being the requirements which a customer must meet in order to be eligible to apply for and receive a voucher;
‘Customer terms and conditions’ means the relevant terms and conditions which apply to customers under the Scheme from time to time;
‘Data Protection Legislation’ means the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including the privacy of electronic communications);
‘ECO’ means funding by an energy supplier pursuant to the Electricity and Gas (Energy Company Obligation) Order 2018 (S.I. 2018/1183), as amended;
‘Eligible Cost’ means: (i) the cost of the Eligible Measure; (ii) the cost of installation work for the Eligible Measure, and; (iii) the cost of any associated work being carried out by the Installer that is required to ensure that the installation is compliant with the Relevant PAS/MCS Standard;
‘Eligible Measure’ means an energy efficiency improvement or low carbon heating system of the kind, and which meets the requirements, specified in Annex B of these installer terms and conditions. As regards any particular customer’s property, references in these installer terms and conditions to any Eligible Measure means the particular Eligible Measure(s) in respect of which the customer has applied or wishes to apply for a voucher or (as the context requires) in respect of which the customer has been issued with a voucher;
‘GHG Brand Guidelines’ means any rules or guidelines specified by BEIS from time to time as to the use of the GHG Mark by installers under sub-licences granted by the scheme administrator under paragraph 15 of these installer terms and conditions
‘GHG Mark’ means any relevant logo or emblem which is developed by BEIS for the purposes of the scheme and/or any which is specified by BEIS for use in connection with the scheme and which (in either case) Registered Installers are permitted to use for particular purposes by way of a sub-licence granted by the scheme administrator under paragraph 15 of these installer terms and conditions;
‘Government funding’ means any local or central government funding (other than the grant) that may be applicable in respect of the installation of any of the Eligible Measures at the customer’s property
‘Grant’ means a grant payment under the scheme, being (as regards the installation of any particular Eligible Measure(s) at a particular customer’s property) the grant offered by the scheme administrator to the relevant customer by way of the issue of a voucher to that customer;
‘Installer’ means the sole trader, company or other organisation who is in the business of installing one or more types of Eligible Measure and wishes to participate as a Registered Installer in the scheme. Where any such sole trader, company or other organisation applies to the scheme administrator to be Registered and/or is Registered, references to the ‘Installer’ in these installer terms and conditions will (unless the context otherwise requires) be treated as applying to the particular organisation which has made that application;
- ‘Installer Declarations’ means the declarations to be made by the Installer in accordance with paragraph 28c above, which will include, but not be limited to, confirmation of the following:-
- a. the installation at the customer’s property of the Eligible Measure has been completed satisfactorily and the Eligible Measure, as installed, meets and has been installed in accordance with all applicable eligibility requirements for that type of Eligible Measure under the scheme;
- b. the customer has been provided with the applicable guarantee(s) in accordance with paragraph 24 above (if applicable);
- c. neither the Installer, nor any of its subcontractors, are in receipt of ECO or other Government Funding in respect of the installation of the Eligible Measure at the customer’s property;
- d. the information provided to the scheme administrator in accordance with paragraph 28 above is complete and accurate.
- e. the person making the declarations is (in the case of a sole trader) the Installer or (where the Installer is an organisation) is a person authorised to do so on behalf of the Installer
‘Installer Eligibility Requirements’ means the requirements specified in Annex D of these installer terms and conditions, being the requirements which an Installer must meet in order to be eligible to participate in the scheme as a Registered Installer;
‘Mandatory scheme conditions’ has the meaning given to that expression at paragraph 17 above;
‘MCS’ means the Microgeneration Certification Scheme;
‘Permitted Recipients’ means the parties to these installer terms and conditions, the employees of each party and any third parties engaged to perform obligations in connection with these installer terms and conditions;
‘Primary Measure’ means those types of eligible measure which are described in Annex B of these Terms and Conditions as being a ‘primary measure’;
‘Relevant PAS/MCS Standard’ means, for any particular Eligible Measure, the relevant standard(s) specified by TrustMark from time to time under its ‘Green Home Grant Scheme Requirements for TrustMark Scheme Providers’ document;
- ‘Relevant Records’ means-
- a. the relevant PAS or MCS claim of conformity in respect of the Eligible Measure(s) installed at the customer’s property;
- b. evidence of the installation of Eligible Measure(s) at the customer’s property, including the location of the installation, type of Eligible Measure(s) installed, commencement and completion dates for the installation;
- c. the name, contact details and competence level of the person(s) who installed the Eligible Measure(s) at the customer’s property;
- d. the invoices issued in respect of Eligible Cost for the Eligible Measure(s) installed at the customer’s property; and
- e. evidence that none of the Installer’s employers or subcontractors are in receipt of any ECO or other government funding in respect of any of the Eligible Measures installed at the customer’s property;
‘Registered‘(and related expressions such as ‘registration’) refers to the process administered by the scheme administrator whereby an Installer may, following an application made to the scheme administrator, be registered by the scheme administrator for the purposes of being permitted to participate in the scheme;
‘Scheme’ means the ‘Green Homes Grant’ scheme established by BEIS to support the installation of Eligible Measures in domestic properties in England;
‘Scheme administrator’ means ICF Consulting Services Limited, being the contractor appointed by BEIS to administer the scheme;
‘Secondary measure’ means those types of eligible measure which are described in Annex B of these Terms and Conditions as being a ‘secondary measure’;
‘Shared Personal Data’ means the personal data to be shared between the parties under paragraph 46 of these installer terms and conditions. Shared Personal Data shall be confined to the following categories of information relevant to the following categories of data subject:
Categories of information: Name; postal address; telephone number; email address; income status; benefit receipt status; home-ownership/tenure status; information on previous access to government grant schemes; TrustMark/MCS licence numbers; bank details; age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; size and composition of household; education level; trading information related to Installers (e.g. sole trader status, linked company information. etc.)
Categories of data subject: Installers (including their directors, employees, and contractors); customers; related parties of customers (e.g. property landlords, household members, other dependants)];
‘TrustMark’ means the quality endorsement scheme of this name operated under licence from BEIS by TrustMark (2005) Limited;
‘TrustMark Approved Scheme’ means a particular scheme, operated by a TrustMark ‘scheme provider’, under which businesses are able to obtain certification services and become a ‘registered business’ for TrustMark purposes;
‘UK Data Protection Legislation’ means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended or replaced from time to time;
‘Voucher’ means the document issued to a customer by the scheme administrator by way of the offer of a particular amount of grant in respect of an Eligible Measure to be installed at the customer’s property;
‘Voucher expiry date’ means the date specified on the voucher as its date of expiry which will usually be the earlier of 3 months after the voucher’s date of issue and the closure of the scheme, currently set to be 31 March 2022.
Annex B – Eligible Measures
Primary Measures
- Insulation
The voucher must be applied for and used in respect of at least one of the ‘primary measures’ listed below. This could be an insulation measure and/or a low carbon heating measure.
Insulation measures (‘Insulation primary measures’) that can be covered by vouchers are as follows:
- solid wall – external or internal
- cavity wall
- under floor
- loft
- room in roof
- flat roof
- pitched roof
- insulating a park home
- Low carbon heating
Low carbon heating measures (‘Low carbon heating primary measures’) that can be covered by vouchers, and that must also comply with the additional requirements listed in the section ‘Heat installation requirements’ below, are as follows:
- air source heat pump
- ground source heat pump
- solar thermal (liquid filled flat plate or evacuated tube collectors)
- biomass boilers
- hybrid heat pump
Heat Installation Requirements
Heat installations (including hybrid heat pumps, but with the exception of solar thermal) must entirely replace an existing fossil fuel heating system. For hybrid heat pump installations, the installation of a new air source heat pump alongside an existing fossil fuel boiler, for example, would therefore be ineligible and the fossil fuel element of the system would also need to be new. Replacements or repairs of existing low carbon heating systems are not covered by the scheme.
All biomass installations must:
- have a valid emissions certificate[footnote 1] for the make and model of biomass boiler installed. These can be checked against the publicly available database[footnote 2] of all valid emissions certificates.
- only be installed in rural areas. This will be determined using the ONS Postcode Directory look-up tool. This returns a ‘Rural Urban Indicator’ as set out below and in this ONS publication. Those codes referred to as being ‘rural’ (D1, D2, E1, E2, F1, F2) are eligible locations for biomass installations under the scheme.
- Urban: Major Conurbation (A1)
- Urban: Minor Conurbation (B1)
- Urban: City and Town (C1)
- Urban: City and Town in a Sparse Setting (C2)
- Rural: Town and Fringe (D1)
- Rural: Town and Fringe in a Sparse Setting (D2)
- Rural: Village (E1)
- Rural: Village in a Sparse Setting (E2)
- Rural: Hamlets and Isolated Dwellings (F1)
- Rural: Hamlets and Isolated Dwellings in a Sparse Setting (F2)
All heat pump systems must have a minimum Seasonal Performance Factor (SPF) of 2.5.
Purpose of heat installations:
- all heat installations must be used for space heating and/or domestic hot water heating purposes, except that for solar thermal systems, heat must only be used for domestic water heating;
- a heat installation must not be used for any of the following purposes, even when used in conjunction with an eligible heat use (as described above):
- process heating;
- outdoor heating;
- heating swimming pools
For example, a low carbon heat installation that provides space heating, domestic water and heats a swimming pool would not be eligible for the scheme.
For ‘hybrid heat pump’ installations, the heat pump element of any hybrid system should be capable of providing the vast majority of the space heating demand for the property.
Secondary measures
A customer who has applied for a voucher for one or more Primary Measures may also apply for a voucher to help cover the Eligible Costs of any of the following ‘secondary measures’:
- draught proofing
- double/triple glazing (where replacing single glazed windows)
- secondary glazing (in addition to single glazing)
- external energy efficient doors (replacing single glazed or solid doors installed before 2002)
- heating controls (e.g. appliance thermostats, smart heating controls, zone controls, delayed start thermostat, thermostatic radiator valves)
- hot water tank thermostat
- hot water tank insulation
A voucher for Secondary Measures will only cover the costs of Secondary Measures where a voucher has been redeemed for Primary Measures, and in an amount no greater than the total payment made under vouchers in respect of Primary Measures at the relevant property.
Annex C – Customer eligibility requirements
I) General scheme:
Funding to provide home owners, park home owners and landlords with a two-thirds subsidy towards energy efficiency measures, up to the value of £5,000 of government contribution.
To apply for the voucher, the customer must own their home or be a private/social landlord.
The following properties are eligible:
- all owner occupied homes (homeowners, with a freehold or long-leasehold interest in accommodation which they occupy and either own outright, own with a mortgage, or own as part of a shared ownership scheme)
- domestic properties owned by landlords (people, businesses or organisations, including Local Authorities, who own the domestic property on a freehold or leasehold basis and who let that property in either the private or social rented sector, whether or not it is currently being let)
- owner occupied park homes located on residential sites (park home owners who occupy the park home which they own and which are located on residential sites, including Gypsy and Traveller sites)
Not eligible:
- new-build properties that have not previously been occupied
- non-domestic properties
- properties outside of England
- properties in which an energy efficiency or low carbon heat measure has been installed under the Green Homes Grant Local Authority Delivery Scheme (a scheme established by BEIS providing grants to local authorities in England for the installation of such measures in fuel poor households)
- properties let in breach of Part 3 of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, as amended. These are properties in the private rented sector not having a valid energy performance certificate (EPC) despite being required to do so by the Energy Performance of Buildings (England and Wales) Regulations 2012 (as amended), or having a valid EPC with an energy performance indicator of band F or G and not correctly entered on the PRS Exemptions Register[footnote 3]
II) Low-income scheme:
Specifically targeted at low-income owner occupiers and park home owners, funding 100% of the value of energy efficiency and heat measures up to the value of £10,000. Households can contribute additional funding if they wish.
All owners of owner occupied homes and park home owners (as defined above) receiving at least one of the following income-based or disability benefits are eligible:
- Income based Jobseekers allowance (JSA)
- Income based Employment & Support Allowance (ESA)
- Income Support (IS)
- Pension Guarantee Credit
- Working Tax Credit (WTC)
- Child Tax Credits (CTC)
- Universal Credit (UC)
- Disability Living Allowance (DLA)
- Personal Independence Payment (PIP)
- Attendance Allowance
- Carer’s Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Contribution based Jobseekers allowance (JSA)
- Contribution based Employment & Support Allowance (ESA)
- Housing benefit
Not eligible:
- landlords of private rented sector domestic properties
- landlords of social sector domestic properties
- new-build properties that have not previously been occupied
- non-domestic properties
- properties outside of England
- properties in which an energy efficiency or low carbon heat measure has been installed under the Green Homes Grant Local Authority Delivery Scheme
Annex D – Installer eligibility requirements
Each Installer must be a trading business operating actively at the time of its application for Registration and throughout the scheme.
- As regards each type of Eligible Measures described in Annex B of these installer terms and conditions as being a type of Insulation Primary Measure or a type of Secondary Measure, the relevant Installer Eligibility Requirements are those set out in paragraph 1 below AND then either paragraph 2 or paragraph 3 (as applicable):
- 1. the Installer must be registered by TrustMark (i.e. must have followed the TrustMark registration process and been given a registration number by TrustMark) for that type of Eligible Measure;
- 2. for all Eligible Measures other than those referred to in paragraph 3 of this Annex D, the Installer must be certified (by the relevant UKAS accredited certification body) to either PAS 2030:2017 or PAS 2030:2019 for that Eligible Measure;
- 3. for all Eligible Measures installed at park homes, high-rise buildings, and buildings that are both traditionally constructed and protected, the Installer must be certified (by the relevant UKAS accredited certification body) to PAS 2030:2019 and following PAS2035 standards.
- As regards each type of Eligible Measures described in Annex B of these installer terms and conditions as being a type of Low Carbon Heating Primary Measure, the relevant Installer Eligibility Requirements are those set out in paragraphs 4, 5, 6 and 7 below:-
- 4. the Installer must be registered by TrustMark (i.e. must have followed the TrustMark registration process and been given a registration number by TrustMark) for that type of Eligible Measure;
- 5. the Installer must have been certified to operate to MCS standards (by the relevant UKAS certification body) for that type of Eligible Measure; and
- 6. the Installer must be a member of MCS; and
- 7. the Installer’s MCS certification must be registered with TrustMark and MCS.
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Emissions certificates were developed for use on the RHI schemes and more information can be found here: www.hetas.co.uk/professionals/manufacturers/rhi-emission-certification. ↩
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The PRS exemptions register can be found at: https://prsregister.beis.gov.uk/NdsBeisUi/register-search-exemptions. ↩