33Auditing authority

33 Auditing authority

(1) The Secretary may, by written instrument, appoint a person or body as an auditing authority. (2) An auditing authority has the following functions: (a) to direct auditors in performing their work to ensure that: (i) accredited assessors properly apply the assessment methods and standards determined under section 21 in working out ratings and performing assessments for the purposes of applying for building energy efficiency certificates; and (ii) the ratings and assessments are not influenced by any conflict of interest; (b) to provide or approve ratings and assessments for building energy efficiency certificates; (c) such other functions as are conferred by this Act or the regulations. (3) An auditing authority must perform its functions in accordance with any policies notified to the auditing authority in writing by the Secretary. (4) An auditing authority must notify the Secretary in writing as soon as is reasonably practicable if it becomes apparent as a result of an audit of an assessment carried out by an accredited assessor that: (a) in relation to a building for which a building energy efficiency certificate is current: (i) the energy efficiency rating specified in the certificate for the building is not that which, applying the assessment methods and standards determined under section 21, is appropriate for the building; or (ii) the lighting energy efficiency assessment for the building is not that which, applying the assessment methods and standards determined under section 21, is appropriate for the building; and (b) in relation to an area of a building for which a building energy efficiency certificate is current: (i) the energy efficiency rating specified in the certificate for the building in which the area is located is not that which, applying the assessment methods and standards determined under section 21, is appropriate for the building; or (ii) the lighting energy efficiency assessment for the area is not that which, applying the assessment methods and standards determined under section 21, is appropriate for the area. (5) A policy made under subsection (3) is not a legislative instrument.