If the pane is broken, ring a local glazier, and they'll fit a new pane for you. If you put a DG unit in, the sash will no longer stay open (too heavy). A DG unit might also not fit in the frame.
If its an entirely new window, just get a joiner to make a new one up, using hardwood.
AFAIK the regs only apply to brand new windows. Even if they didn't, I'd just ignore them. After all, the window was always like that, wasn't it
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