(1) Regulations under section 239 may provide for exemptions or exceptions.
(2) Energy smart regulations may make provision about the sharing of information between an enforcement authority and the GEMA for the purposes of their functions in relation to energy smart appliances and load control.
(3) The Secretary of State must consult such persons as the Secretary of State thinks fit before making regulations under section 239 that—
(a) make a description of appliance subject to energy smart regulations;
(b) amend the list of purposes in section 239(2).
(4) Subsection (3) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
(5) The first energy smart regulations, and any regulations under section 239 that (with or without other provision) amend the list of purposes in section 239(2) or create a criminal offence (see section 242), are subject to the affirmative procedure.
(6) Energy smart regulations that are not within subsection (5) are subject to the made affirmative procedure if they—
(a) are the first energy smart regulations to make provision about a particular description of energy smart appliance,
(b) make provision by virtue of section 239(4)(b) imposing requirements of a kind not previously imposed by energy smart regulations,
(c) make provision by virtue of section 240(1)(a) or (b) by reference or in relation to a published document, standard or list (as the case may be) in respect of which such provision has not previously been made,
(d) confer new powers for the enforcement of energy smart regulations, or
(e) make provision by virtue of section 242(2) for the imposition of new civil penalties.
(7) A revised version of a published document, standard or list is to be disregarded for the purposes of subsection (6)(c) if provision has previously been made in respect of the document, standard or list by virtue of section 240(1)(a) or (b) (as the case may be).
(8) Any other regulations under section 239 are subject to the negative procedure.
245 Power to amend licence conditions etc: load control
(1) The Secretary of State may modify—
(a) the conditions of a licence granted under section 6(1) of the Electricity Act 1989;
(b) the standard conditions incorporated in such licences by virtue of section 8A of that Act;
(c) the conditions of a licence granted under section 7A(1) or 7AB of the Gas Act 1986;
(d) the standard conditions incorporated in such licences by virtue of section 8 of that Act;
(e) a document maintained in accordance with the conditions of a licence granted under section 6(1) of the Electricity Act 1989 or section 7A(1) or 7AB of the Gas Act 1986, or an agreement that gives effect to a document so maintained.
(2) The Secretary of State may exercise the power conferred by subsection (1) for the purposes of facilitating, promoting, ensuring the security of, or otherwise regulating load control or other activities falling within section 56FBA(2) of the Electricity Act 1989.
(3) Modifications made to the conditions of a licence may include provisions of a kind mentioned in section 7 of the Electricity Act 1989 or section 7B of the Gas Act 1986 (as appropriate) and may in particular—
(a) regulate or prohibit the provision of load control in relation to appliances that are not compliant with energy smart regulations or any technical standards specified in or under a condition;
(b) regulate the provision of load control in relation to appliances that are compliant with energy smart regulations or any technical standards specified in or under a condition;
(c) require the holder of a licence to supply information to the Secretary of State or the GEMA (or both) so as to enable them to assess any matter relating to the purposes mentioned in subsection (2);
(d) require the holder of the licence to enter (or refrain from entering) into an agreement of a specified kind, or with a specified person;
(e) require the holder of a licence to supply information about tariffs (including to such persons, and in such a format, specified in or under a condition).
(4) The power conferred by subsection (1)—
(a) may be exercised to make different provision in relation to different areas or different classes of customer;
(b) may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);
(c) may be exercised differently in different cases or circumstances;
(d) includes a power to make incidental, supplementary, consequential or transitional modifications.
(5) The power conferred by subsection (1) may not be exercised after the period of 10 years beginning with the day on which this section comes into force.
(6) The Secretary of State may, by regulations, extend (or further extend) that period.
(7) Regulations under subsection (6)—
(a) may not extend the period (or any extended period) by more than three years at a time, and
(b) are subject to the affirmative procedure.
(8) In this section “modify” includes remove or fail to incorporate and “modification” is to be construed accordingly.
246 Power to amend licence conditions etc: procedure
(1) Before making a modification, the Secretary of State must consult—
(a) the holder of any licence being modified,
(b) the GEMA, and
(c) such other persons as the Secretary of State considers appropriate.
(2) Subsection (1) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.
(3) The Secretary of State must specify the date upon which any modification is to have effect.
(4) The Secretary of State must publish details of any modifications as soon as reasonably practicable after they are made.
(5) In this section “modification” means a modification under section 245.
(1) A modification under section 245 of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986 or Part 1 of the Electricity Act 1989.
(2) Where the Secretary of State makes modifications under section 245(1)(b) or (e) of the standard conditions of a licence of any type, the GEMA must—
(a) make the same modification of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and
(b) publish the modification.
248 Application of general duties to functions relating to load control
(1) Sections 4AA to 4B of the Gas Act 1986 (principal objectives and general duties) apply to the carrying out, as respects the matters mentioned in subsection (2), of functions conferred on the Secretary of State or the GEMA by or under sections 245 to 247.
(2) The matters are—
(a) activities required to be authorised by gas licences,
(b) such licences and the conditions of such licences,
(c) documents maintained in accordance with the conditions of such licences, or agreements that give effect to documents so maintained, and
(d) companies holding such licences.
(3) In section 4AA(2)(b) of the Gas Act 1986 (duty to have regard to ability of licence holders to finance obligations) for “or sections 26 to 29 of the Energy Act 2010” substitute “, sections 26 to 29 of the Energy Act 2010, or sections 245 to 247 of the Energy Act 2023”.
(4) Sections 3A to 3D of the Electricity Act 1989 (principal objectives and general duties) apply to the carrying out, as respects the matters mentioned in subsection (5), of functions conferred on the Secretary of State or the GEMA by or under sections 245 to 247.
(5) The matters are—
(a) activities required to be authorised by electricity licences,
(b) such licences and the conditions of such licences,
(c) documents maintained in accordance with the conditions of such licences, or agreements that give effect to documents so maintained, and
(d) companies holding such licences.
(6) In section 3A(2)(b) of the Electricity Act 1989 (duty to have regard to ability of licence holders to finance obligations) for “or the Nuclear Energy (Financing) Act 2022” substitute “, the Nuclear Energy (Financing) Act 2022 or sections 245 to 247 of the Energy Act 2023”.
(7) In section 33(1) of the Utilities Act 2000 (standard conditions of electricity licences)—
(a) omit the “or” at the end of paragraph (i), and
(b) after paragraph (j) insert
or,
(k) under sections 245 to 247 of the Energy Act 2023.
(8) In this section—
“electricity licence” means a licence for the purposes of section 4 of the Electricity Act 1989 (prohibition on unlicensed activities);
“gas licence” means a licence for the purposes of section 5 of the Gas Act 1986 (prohibition on unlicensed activities).
(1) The appropriate authority may make regulations for any of these purposes—
(a) enabling or requiring the energy usage or energy efficiency of premises to be assessed, certified and publicised;
(b) enabling or requiring possible improvements in the energy usage or energy efficiency of premises to be identified and recommended;
(c) restricting or prohibiting the marketing and disposal of premises on the basis of whether their energy usage or energy efficiency has been assessed, certified or publicised.
(2) In this Part regulations under this section are referred to as “energy performance regulations”.
(3) Energy performance regulations may—
(a) provide for—
(i) the regulations to apply to specified descriptions of premises, or
(ii) specified descriptions of premises to be excluded from the application of the regulations;
(b) confer functions on any person;
(c) provide for functions to be exercisable only if specified conditions are met (including conditions as to the eligibility of persons to exercise the functions);
(d) provide for the energy usage or energy efficiency of premises to be assessed or certified by reference to information that is obtained, produced or kept otherwise than under energy performance regulations;
(e) impose requirements on any person;
(f) make provision for the purpose of securing compliance with requirements imposed by or under energy performance regulations (see section 252);
(g) authorise or require, or restrict or prohibit, the supply or keeping of information (including authorising or requiring supply or keeping of information that would otherwise be prohibited);
(h) provide for the charging of fees.
(4) A reference in this Part to publicising the energy usage and energy efficiency of premises includes—
(a) displaying energy performance information in the premises to which it relates;
(b) arranging for energy performance information to be entered into a record of such information (including a record that is publicly accessible);
(c) reporting energy performance information;
(d) supplying energy performance information.
(5) In this Part—
“the appropriate authority” means—
in relation to England and Wales, the Secretary of State;
in relation to Scotland, the Scottish Ministers;
in relation to Northern Ireland, the Department;
“certified” means certified in accordance with energy performance regulations;
“the Department” means the Department of Finance in Northern Ireland;
“disposal of premises” includes leasing or letting of premises;
“energy performance information” means information about the energy usage or energy efficiency of premises;
“premises” means—
a building or a part of a building (including any equipment, systems or facilities used by the building or the part), or
any equipment, systems or facilities used by a building or a part of a building;
“specified” means specified in energy performance regulations.
251 Energy performance regulations relating to new premises
(1) The power to make energy performance regulations is exercisable in relation to new premises.
(2) Accordingly, in section 250 (except in the definition of “premises” in section 250(5))—
(a) a reference to premises includes new premises;
(b) a reference to the energy usage and energy efficiency of premises includes the anticipated energy usage and energy efficiency of new premises.
(3) In this section “new premises” means premises—
(a) which are being constructed or adapted, or
(b) which it is proposed to construct or adapt.
(1) The enforcement provision that may be made includes provision—
(a) for a person with public functions to enforce a requirement imposed by or under energy performance regulations;
(b) about the sanctions for non-compliance with a requirement imposed by or under energy performance regulations;
(c) about the sanctions for the provision of false information in connection with such a requirement;
(d) about the sanctions for obstruction of, or impersonation of, an enforcement authority or a person acting for an enforcement authority.
(2) Energy performance regulations may provide for the imposition of civil penalties by enforcement authorities in relation to cases falling within subsection (1)(b), (c) or (d); but the regulations may not provide for a civil penalty that exceeds £15,000.
(3) Energy performance regulations may provide for the creation of criminal offences in relation to cases falling within subsection (1)(b), (c) or (d); but the regulations may not provide for a criminal offence to be punishable—
(a) with imprisonment for a term exceeding 12 months, or
(b) with a fine of more than level 5 on the standard scale.
(4) Where energy performance regulations make provision for a civil penalty, the regulations must also include provision for a right of appeal to a court or tribunal against the imposition of the penalty.
(5) Provision falling within subsection (4) includes, in particular, provision—
(a) as to the jurisdiction of the court or tribunal to which an appeal may be made;
(b) as to the grounds on which an appeal may be made;
(c) as to the procedure for making an appeal (including any fee which may be payable);
(d) suspending the imposition of the penalty, pending determination of the appeal;
(e) as to the powers of the court or tribunal to which an appeal is made;
(f) as to how any sum payable in pursuance of a decision of the court or tribunal is to be recoverable.
(6) The provision referred to in subsection (5)(e) includes provision conferring on the court or tribunal to which an appeal is made power—
(a) to confirm the penalty;
(b) to withdraw the penalty;
(c) to vary the amount of the penalty;
(d) to award costs.
(7) The appropriate authority may, by regulations, amend the amount specified in subsection (2) for the purpose of reflecting inflation.
(8) In this section—
“enforcement authority” means a person on whom energy performance regulations confer the function of enforcing any requirement imposed by or under energy performance regulations;
“enforcement provision” means provision falling within section 250(3)(f).
(1) Regulations under this Part may amend, repeal or revoke provision made by or under primary legislation.
(2) Regulations under this Part containing provision within subsection (3) (with or without other provision)—
(a) if made by the Secretary of State, are subject to the affirmative procedure (see section 332);
(b) if made by the Scottish Ministers, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
(c) if made by the Department, may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.
(3) The provision within this subsection is—
(a) provision creating a criminal offence or civil penalty (but excluding provision modifying the circumstances in which a person is guilty of an existing offence or liable for an existing civil penalty);
(b) provision specifying a civil penalty amount (but excluding provision made by virtue of section 252(7) (inflation-related adjustments));
(c) provision amending or repealing provision made by primary legislation.
(4) Any other regulations under this Part—
(a) if made by the Secretary of State, are subject to the negative procedure (see section 332);
(b) if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
(c) if made by the Department, are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
(5) Regulations under this Part—
(a) may make provision about application to the Crown; and
(b) may also, to the extent that they bind the Crown, restrict or modify the application of the regulations.
(6) A power of the Department to make regulations under this Part is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(7) In this section “primary legislation” means—
(a) an Act of Parliament,
(b) an Act of the Scottish Parliament,
(c) an Act or Measure of Senedd Cymru, or
(d) Northern Ireland legislation.
(1) The Secretary of State may by regulations (“ESOS regulations”) make provision for the establishment and operation of one or more energy savings opportunity schemes.
(2) An “energy savings opportunity scheme” is a scheme under which obligations are imposed on undertakings to which the scheme applies for one or more of the ESOS purposes.
(3) The ESOS purposes are—
(a) enabling or requiring the energy consumption for which an undertaking is responsible, or the greenhouse gas emissions resulting from that consumption, to be assessed, audited, reported and published;
(b) enabling or requiring possible energy savings or emissions reductions to be identified and recommended;
(c) enabling or requiring the costs and benefits of possible energy savings or emissions reductions to be assessed;
(d) encouraging or requiring undertakings to produce plans or set targets for achieving energy savings or emissions reductions;
(e) encouraging or requiring undertakings to take action for the purpose of achieving energy savings or emissions reductions;
(f) encouraging or requiring undertakings to achieve energy savings or emissions reductions.
(4) An energy saving is a reduction in the energy consumption for which an undertaking is responsible.
(5) An emissions reduction is a reduction in the greenhouse gas emissions that result from the energy consumption for which an undertaking is responsible (whether or not that consumption is also reduced).
(6) ESOS regulations may make provision about determining—
(a) the energy consumption for which an undertaking is responsible;
(b) the greenhouse gas emissions resulting from that consumption.
(7) ESOS regulations may—
(a) impose requirements on any person;
(b) confer functions on any person;
(c) provide for a person to exercise discretion in dealing with any matter.
(8) The provision made by this Part is without prejudice to the generality of subsection (1).
(9) For the purposes of this Part—
(a) the scheme established by the Energy Savings Opportunity Scheme Regulations 2014 (S.I. 2014/1643) is to be treated as having been established by provision made under subsection (1);
(b) a reference to a scheme administrator includes a reference to a compliance body within the meaning given by those Regulations.
255 Application of energy savings opportunity schemes
(1) ESOS regulations may provide for—
(a) an energy savings opportunity scheme to apply to specified descriptions of undertakings;
(b) specified descriptions of undertakings to be excluded from the application of the scheme.
(2) ESOS regulations may make provision about circumstances in which—
(a) two or more participants are to be treated for the purposes of the regulations as if they were a single participant;
(b) an obligation imposed under the regulations on one participant is to be treated as if it had been imposed on a different participant.
(3) The provisions of this Part relating to energy consumption apply to energy consumed by assets located, or activities carried on—
(a) wholly or partly in the United Kingdom;
(b) wholly or partly in an offshore area;
(c) where subsection (4) applies, elsewhere.
(4) ESOS regulations may make provision about circumstances in which the energy consumption for which a participant is, for the purposes of the regulations, responsible may include energy consumed by—
(a) assets located elsewhere than in the United Kingdom or an offshore area, or
(b) activities carried on elsewhere than in the United Kingdom or an offshore area.
(5) The provisions of this Part relating to greenhouse gas emissions apply to the emissions resulting from energy consumption to which this Part applies whether such emissions occur in the United Kingdom, in an offshore area or elsewhere.
(6) ESOS regulations may make provision about the attribution of energy consumption to participants, including in particular provision about the treatment for the purposes of the regulations of—
(a) a participant’s consumption of energy generated by that participant;
(b) energy consumption by a person over whom a participant has control or influence;
(c) energy consumption shared between a participant and one or more other participants or other persons;
(d) energy consumed by assets held on trust by or for a participant.
(7) In this section, “offshore area” means—
(a) waters landward of the seaward limit of the territorial sea adjacent to the United Kingdom,
(b) any designated area within the meaning of section 1(7) of the Continental Shelf Act 1964, and
(c) any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009,
and includes the places above those areas and the bed and subsoil of the sea within those areas.
256 Requirement for assessment of energy consumption
(1) ESOS regulations may require the carrying out of assessments of—
(a) a participant’s energy consumption;
(b) the greenhouse gas emissions resulting from that consumption.
Such an assessment is referred to as an “ESOS assessment”.
(2) The provision that may be made by virtue of subsection (1) includes in particular provision about—
(a) the frequency of ESOS assessments;
(b) the period or periods to which assessments must relate;
(c) how assessments are to be carried out;
(d) the information that must be provided or obtained for the purposes of an assessment;
(e) the matters that must be taken into account in an assessment;
(f) record-keeping in relation to an assessment.
(3) ESOS regulations may make provision requiring an ESOS assessment, or specified parts of an ESOS assessment, to be carried out, approved or audited by a person appointed by a participant (referred to as “an assessor”).
(4) Regulations made by virtue of subsection (1) may include provision enabling or requiring an ESOS assessment to include recommendations relating to energy savings or emissions reductions.
(5) The provision that may be made by virtue of subsection (4) includes in particular provision about—
(a) the matters about which recommendations may, must, or must not be made;
(b) the matters that must be taken into account in making a recommendation;
(c) the carrying out of a cost-benefit analysis before including a recommendation in a report.
(6) “Cost-benefit analysis”, in relation to a recommendation or requirement to take action, means—
(a) an estimate of the likely costs to a participant of acting in accordance with the recommendation or requirement;
(b) an estimate of the energy savings or emissions reductions likely to result from such action;
(c) an analysis of the costs referred to in paragraph (a) together with an analysis of the savings or reductions referred to in paragraph (b) and of any other benefits likely to arise.
(7) ESOS regulations may make provision about the reporting of ESOS assessments, including in particular provision—
(a) about the production of written reports;
(b) about the form and content of such reports;
(c) about the dissemination of such reports within an undertaking and between related undertakings.
(8) ESOS regulations may make provision requiring a participant to notify a scheme administrator of specified matters relating to the participant’s compliance with requirements imposed by virtue of this section and may in particular include provision—
(a) about the procedure for giving such notice;
(b) about the form and content of notices;
(c) about the publication of certain information contained within a notice;
(d) requiring a participant to justify its choice of assessor.
(9) ESOS regulations may provide for any requirement imposed by virtue of subsection (1)—
(a) to be treated as having been complied with by a participant in specified circumstances, or
(b) not to apply to a participant in specified circumstances.
(1) ESOS regulations may confer functions on an assessor in relation to assessing, monitoring and reporting on compliance with requirements imposed by the regulations.
(2) ESOS regulations may provide that a participant may only appoint as an assessor a person of a specified description.
(3) A description may be specified for the purposes of subsection (2) by reference to any criteria, including by reference to—
(a) a person’s competence, qualifications or experience;
(b) a person’s inclusion in a designated list or register;
(c) a person’s membership of a designated body;
(d) a person’s participation in a designated accreditation scheme;
(e) a person’s relationship to a participant.
(4) For the purposes of this section, “designated” means designated by the Secretary of State or a scheme administrator in accordance with ESOS regulations.
(5) A body may only be designated for the purposes of this section if the body is willing to be so designated.
(6) ESOS regulations may make provision about—
(a) the giving of designations for the purposes of subsection (4);
(b) reviewing such designations;
(c) circumstances in which such a designation may be removed;
(d) maintaining and publishing a list of such designations.
(7) ESOS regulations may make provision enabling a list or register of persons who may, or who may not, be appointed as an assessor for the purposes of subsection (2) to be maintained by—
(a) a designated body;
(b) a scheme administrator;
(c) the Secretary of State.
(8) ESOS regulations may confer functions or impose requirements on a person responsible for maintaining a designated list or register and may in particular include provision—
(a) about the process for including a person in a list or register;
(b) about the details to be included in a list or register;
(c) for ensuring those details remain up to date;
(d) about the publication of a list or register;
(e) for the purpose of ensuring that a person included in a list or register continues to meet the criteria for appointment as an assessor;
(f) for the purpose of ensuring the quality of ESOS assessments;
(g) about the temporary or permanent removal of a person from a list or register in specified circumstances.
(9) The regulations may make provision authorising a scheme administrator to share reports, notices or other information relating to an energy savings opportunity scheme with a designated body for the purposes referred to in subsection (8)(e) or (f).
(10) ESOS regulations may make provision—
(a) enabling the Secretary of State or a scheme administrator to give a direction relating to the maintenance of a list or register;
(b) requiring a person responsible for maintaining a list or register to comply with such a direction.
(1) ESOS regulations may require participants to produce ESOS action plans.
(2) An “ESOS action plan” is a written statement of—
(a) any action a participant proposes to take for the purpose of achieving energy savings or emissions reductions;
(b) any energy savings or emissions reductions targets a participant intends to achieve.
(3) Where an ESOS action plan does not include any proposals for taking such action or any such targets, provision made by virtue of subsection (1) may require that a participant include an explanation in the plan.
(4) ESOS regulations may make provision about the production of ESOS action plans, including in particular provision about—
(a) when a participant must produce a plan;
(b) the period to which a plan must relate;
(c) the form and content of a plan;
(d) the matters that must be taken into account in producing a plan.
(5) ESOS regulations may make provision about the publication of ESOS action plans.
259 Action to achieve energy savings or emissions reductions
(1) ESOS regulations may make provision—
(a) imposing requirements (other than the requirements referred to in paragraph (b)) on participants so as to encourage them to—
(i) take specified action for the purpose of achieving energy savings or emissions reductions, or
(ii) achieve specified energy savings or emissions reductions, or
(b) requiring participants to—
(i) take specified action for the purpose of achieving energy savings or emissions reductions, or
(ii) achieve specified energy savings or emissions reductions.
(2) The kinds of action that may be specified for the purposes of subsection (1) are—
(a) taking action in accordance with a recommendation made in an ESOS assessment;
(b) taking action in accordance with an ESOS action plan;
(c) taking any other action of a specified kind;
(d) taking action to achieve a target included in an ESOS action plan;
(e) taking action to achieve any other specified outcome;
(f) adopting processes, practices or systems of a specified kind;
(g) conforming to specified standards.
(3) The provision that may be made by virtue of subsection (1)(a) includes in particular—
(a) provision requiring a participant to report—
(i) on whether the participant has taken the specified action, or on the steps taken by the participant towards doing so, or
(ii) on whether the participant has achieved the specified energy savings or emissions reductions, or on the progress made by the participant towards doing so;
(b) provision requiring a participant to provide an explanation for any of the matters mentioned in paragraph (a).
(4) Provision made by virtue of subsection (1)(b) may include a requirement for a participant to report on action taken or energy savings or emissions reductions achieved.
(5) Regulations made by virtue of subsection (1) may make provision—
(a) requiring participants to produce and retain evidence;
(b) about the verification of matters about which the participant has reported;
(c) about the publication of reports.
(6) ESOS regulations may—
(a) specify the requirements imposed on a participant by virtue of subsection (1) by reference to a cost-benefit analysis;
(b) specify circumstances in which a participant is required to take action;
(c) impose a requirement to take a specified action on all participants in an energy savings opportunity scheme, or on all participants of a specified description.
(1) ESOS regulations may appoint one or more public authorities to carry out functions with respect to—
(a) administering an energy savings opportunity scheme;
(b) monitoring compliance with, and enforcing requirements imposed by, the regulations.
(2) A person appointed by virtue of subsection (1) is referred to as a “scheme administrator”.
(3) The regulations may make provision for a scheme administrator to authorise another person to exercise specified functions of the scheme administrator.
(4) Regulations made by virtue of subsection (1) may in particular include provision about—
(a) the obtaining of information by, and the provision of information to, a scheme administrator;
(b) the determination by a scheme administrator of information in default of its being provided;
(c) the auditing and verification of information;
(d) the keeping, production and inspection of records;
(e) the determination by a scheme administrator of whether an undertaking is a participant in an energy savings opportunity scheme;
(f) cooperation and information sharing between scheme administrators.
(5) ESOS regulations may make provision imposing requirements on a participant relating to the provision of such facilities and services, including transport and accommodation, as may be necessary to facilitate the carrying out of any of the scheme administrator’s functions.
(6) ESOS regulations may confer functions on a scheme administrator in relation to the publication of information relating to an energy savings opportunity scheme or its participants.
(7) ESOS regulations may make provision—
(a) about the giving of guidance by a scheme administrator or the Secretary of State in connection with the operation of an energy savings opportunity scheme;
(b) requiring specified persons to have regard to such guidance.
(8) ESOS regulations may make provision requiring the payment by participants to the scheme administrator of fees for or in connection with the carrying out by the scheme administrator of the scheme administrator’s functions.
(9) ESOS regulations may confer a power on a national authority to require a scheme administrator to provide the authority with such information—
(a) relating to an energy savings opportunity scheme, and
(b) relevant to the exercise of the authority’s functions,
as the authority requests.
(10) In this section—
“national authority” means—
the Secretary of State;
the Welsh Ministers;
the Scottish Ministers;
the Department for the Economy in Northern Ireland;
“public authority” means a person with functions of a public nature.
(1) ESOS regulations may authorise a scheme administrator—
(a) to require the production of documents or the provision of information by any person;
(b) to question the officers of an undertaking;
(c) to enter premises with a warrant;
(d) to inspect premises and anything on premises and when doing so—
(i) to take measurements, photographs, recordings or copies;
(ii) to seize documents or records;
(iii) to require any person at the premises to provide facilities and assistance to the extent that is within that person’s control;
(e) to issue a notice requiring a participant to take steps specified in the notice for the purpose of—
(i) demonstrating compliance with requirements imposed by or under ESOS regulations, or
(ii) remedying a failure to comply with such requirements.
(2) ESOS regulations may make provision requiring a participant to give notice to a scheme administrator where the participant is unlikely to comply, or has failed to comply, with a requirement imposed by or under the regulations.
(3) ESOS regulations may provide that a person is liable to one or more penalties in respect of—
(a) a failure to comply with a requirement imposed on the person by or under the regulations;
(b) making a false or misleading statement in connection with an energy savings opportunity scheme.
(4) The provision that may be made by virtue of subsection (3) includes provision—
(a) for the publication of specified information relating to the failure to comply;
(b) authorising a scheme administrator to impose a financial penalty.
(5) Where by virtue of subsection (3) ESOS regulations provide for the imposition of a financial penalty, the regulations—
(a) must provide for the penalty to be paid to the scheme administrator or such other person as the regulations may specify;
(b) may specify the amount of the penalty or provide for the amount to be determined by the scheme administrator in accordance with the regulations;
(c) may provide for the payment of a further penalty (of an amount specified by or determined in accordance with the regulations) for each day on which the failure to comply is not remedied;
(d) may specify how the penalty may be recovered.
(6) ESOS regulations may create offences relating to energy savings opportunity schemes.
(7) Regulations made by virtue of subsection (6) may provide for an offence created by the regulations to be triable—
(a) only summarily, or
(b) either summarily or on indictment.
(8) Regulations made by virtue of subsection (6) may provide for an offence created by the regulations to be punishable with a fine.
(9) Regulations may—
(a) provide for defences against offences;
(b) make provision about matters of procedure and evidence in proceedings relating to offences;
(c) include provision about the liability of a director, manager, secretary or other officer of a body corporate, or a partner of a Scottish partnership, or of a person purporting to act in such a capacity, where an offence under the regulations—
(i) is committed with the consent or connivance of such a person, or
(ii) is attributable to neglect on the part of such a person.
(10) References in this section to a scheme administrator include references to a person authorised by a scheme administrator in accordance with provision in ESOS regulations made by virtue of section 260(3).
(1) ESOS regulations that provide for the imposition of a financial penalty must also provide for a right of appeal to a court or tribunal against the imposition of the penalty.
(2) ESOS regulations may confer rights of appeal against—
(a) decisions made in relation to an energy savings opportunity scheme, and
(b) penalties imposed (other than financial penalties) or enforcement action taken for failure to comply with the requirements of the regulations.
(3) Regulations that make provision by virtue of subsection (2) must specify the court, tribunal or person who is to hear and determine an appeal made by virtue of that subsection.
(4) The provision that may be made by virtue of subsection (1) or (2) includes, in particular, provision about—
(a) the grounds on which an appeal may be made;
(b) the procedure for making an appeal (including any fee which may be payable);
(c) suspending the effect of any decision, penalty or enforcement action pending determination of the appeal;
(d) the powers of the court, tribunal or person to which an appeal is made.
(1) Before making ESOS regulations, the Secretary of State must consult such persons likely to be affected by the regulations as the Secretary of State considers appropriate.
(2) Subsection (1) may be satisfied by consultation before this section comes into force (as well as by consultation after that time).
(3) Before making ESOS regulations that contain provision within devolved competence, the Secretary of State must give notice—
(a) stating that the Secretary of State proposes to make ESOS regulations,
(b) setting out or describing the provisions of the regulations that contain provision within devolved competence, and
(c) specifying the period (of not less than 28 days from the date on which the notice is given) within which representations may be made with respect to those provisions,
and must consider any representations duly made and not withdrawn.
(4) A notice under subsection (3) must be given to each relevant devolved authority, that is to say—
(a) the Scottish Ministers, so far as the regulations contain provision within Scottish devolved competence;
(b) the Welsh Ministers, so far as the regulations contain provision within Welsh devolved competence;
(c) the Department for the Economy in Northern Ireland, so far as the regulations contain provision within Northern Ireland devolved competence.
(5) The Secretary of State need not wait until the end of the period specified under subsection (3)(c) before making ESOS regulations if, before the end of that period, each relevant devolved authority to which the notice was given has confirmed that it has made any representations it intends to make with respect to the provisions referred to in subsection (3)(b).
(6) The Secretary of State must, if requested to do so by a relevant devolved authority, give the authority a statement setting out whether and how representations made by the authority with respect to the provisions referred to in subsection (3)(b) have been taken into account in the regulations.
(7) References in subsection (3) to provision within devolved competence are to provision that is within Scottish, Welsh or Northern Ireland devolved competence.
(8) Where the Secretary of State makes ESOS regulations that have effect in relation to the compliance period beginning on 6 December 2019 (see regulation 4 of the Energy Savings Opportunity Schemes Regulations 2014 (S.I. 2014/1643))—
(a) subsections (3) to (7) do not apply, and
(b) before making the regulations, the Secretary of State must consult—
(i) the Scottish Ministers, so far as the regulations contain provision within Scottish devolved competence,
(ii) the Welsh Ministers, so far as the regulations contain provision within Welsh devolved competence, and
(iii) the Department for the Economy in Northern Ireland, so far as the regulations contain provision within Northern Ireland devolved competence,
and subsection (2) applies to consultation under paragraph (b) as it applies to consultation under subsection (1).
(9) ESOS regulations may create exceptions to any requirement imposed by the regulations.
(10) ESOS regulations may—
(a) make provision about application to the Crown;
(b) to the extent that they bind the Crown, restrict or modify the application of the regulations.
(11) ESOS regulations containing any of the following (with or without other provision) are subject to the affirmative procedure—
(a) provision extending the descriptions of undertaking to which the regulations apply;
(b) provision made by virtue of section 259(1)(b) of a kind not previously provided for in ESOS regulations;
(c) provision conferring on a scheme administrator enforcement powers of a kind not previously provided for in ESOS regulations;
(d) provision creating penalties;
(e) provision increasing the amount of financial penalties by more than is necessary to reflect changes in the value of money;
(f) provision creating an offence or increasing the fine for an existing offence;
(g) provision for the payment of a new fee.
(12) Any other ESOS regulations are subject to the negative procedure.
(1) The Secretary of State may give directions to a scheme administrator.
(2) The power to give directions under this section includes a power to vary or revoke the directions.
(3) A scheme administrator must comply with any direction given to it under this section.
265 Financial assistance to scheme administrators and participants
(1) The Secretary of State may give, or arrange for the giving of, financial assistance to—
(a) scheme administrators;
(b) participants.
(2) “Financial assistance” means grants, loans, guarantees or indemnities, or any other kind of financial assistance.
(3) Financial assistance under this section may be given subject to such conditions as may be determined by, or in accordance with arrangements made by, the Secretary of State.
(1) In this Part—
“assessor” has the meaning given by section 256(3);
“cost benefit analysis” has the meaning given by section 256(6);
“emissions reduction” has the meaning given by section 254(5);
“energy consumption” has the meaning given by ESOS regulations;
“energy saving” has the meaning given by section 254(4);
“energy savings opportunity scheme” has the meaning given by section 254(2);
“ESOS action plan” has the meaning given by section 258(2);
“ESOS assessment” has the meaning given by section 256(1);
“ESOS regulations” means regulations made under section 254(1);
“greenhouse gas” has the meaning given by section 92 of the Climate Change Act 2008;
“participant” means an undertaking to which an energy savings opportunity scheme applies;
“related undertaking”, in relation to a participant, means a fellow subsidiary undertaking of, or a group undertaking in relation to, that participant;
“scheme administrator” has the meaning given by section 260(2);
“specified” means specified in ESOS regulations;
“undertaking”, “group undertaking” and “fellow subsidiary undertaking” have the meanings given by section 1161 of the Companies Act 2006.
(2) For the purposes of this Part, provision—
(a) is within Welsh devolved competence if it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006);
(b) is within Scottish devolved competence if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;
(c) is within Northern Ireland devolved competence if it—
(i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
(ii) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
The functions of the Secretary of State under this Part must be exercised with a view to—
(a) ensuring that economic activity in the United Kingdom is not adversely affected by disruptions to core fuel sector activities, and
(b) reducing the risk of emergencies affecting fuel supplies.
268 “Core fuel sector activity” and other key concepts
(1) In this Part “core fuel sector activity” means an activity of a kind mentioned in subsection (2), so far as the activity—
(a) is carried on in the United Kingdom in the course of a business, and
(b) contributes (directly or indirectly) to the supply of core fuels to consumers in the United Kingdom or persons carrying on business in the United Kingdom.
(2) The kinds of activity are—
(a) storing oil or renewable transport fuel;
(b) handling oil or renewable transport fuel;
(c) the carriage of oil or renewable transport fuel by sea or inland water;
(d) transporting oil or renewable transport fuel by road or rail;
(e) conveying oil or renewable transport fuel by pipes;
(f) processing or producing oil or renewable transport fuel (whether by refining, blending or otherwise).
(3) In subsection (2) the references to “oil” do not include crude oil which has not yet entered any refinery or terminal in the United Kingdom.
(4) In this Part “core fuels” means—
(a) crude oil based fuels, and
(b) renewable transport fuels.
(5) In this Part “core fuel sector resilience” means the capability of core fuel sector participants to—
(a) manage the risk of,
(b) reduce the potential adverse impact of, and
(c) facilitate recovery from,
disruptions to core fuel sector activities.
(6) In this Part “core fuel sector participant” means—
(a) a person carrying on core fuel sector activities;
(b) a Part 12 facility owner.
(7) For the purposes of this Part there is “continuity of supply of core fuels” where the supply of core fuels to consumers in all areas of the United Kingdom, and persons carrying on business in all areas of the United Kingdom—
(a) is reliable and continuous, and
(b) is maintained at normal levels.
(8) In subsection (7) “normal levels” means levels that—
(a) are not substantially below average monthly levels of supply in the United Kingdom (taking account of regional variations), and
(b) are consistent with a reasonable balance between supply and demand.
(9) For the purposes of subsection (8) “average monthly levels” are to be calculated by reference to levels of supply in the five years preceding the calculation.
(10) In this Part “relevant activities or assets”—
(a) in relation to a person carrying on core fuel sector activities, means the person’s core fuel sector activities (and includes any land or assets under the person’s control that are associated with those activities);
(b) in relation to a Part 12 facility owner, means the owned facility.
(11) In this Part—
(a) “Part 12 facility owner” means the owner of a pipeline, terminal, or other facility or infrastructure which is used, or any part of which is used, for the purposes of core fuel sector activities;
(b) in relation to a Part 12 facility owner, “the owned facility” means the facility or infrastructure mentioned in paragraph (a).
(12) In subsection (11) “owner”, in relation to any facility or infrastructure, means—
(a) a person in whom the facility or infrastructure is vested, or
(b) a lessee of the facility or infrastructure.
(13) In this Part references to a “person carrying on core fuel sector activities” include any person carrying on such activities (whether or not as the owner of the oil or renewable transport fuel).
269 Directions to particular core fuel sector participants
(1) The Secretary of State may, for the purpose of maintaining or improving core fuel sector resilience, direct a person to whom this section applies to do anything in relation to the person’s relevant activities or assets (for example, to acquire and install specific equipment, or carry out specific works, at the person’s own expense).
(2) The Secretary of State may not give a direction under subsection (1) unless the Secretary of State considers that the persons to whom this section applies have failed to make sufficient progress with the steps that the Secretary of State considers necessary for maintaining or improving core fuel sector resilience.
(3) Where there is disruption to, or a failure of, continuity of supply of core fuels, the Secretary of State may direct a person to whom this section applies to do anything in relation to the person’s relevant activities or assets which the Secretary of State considers necessary or expedient for the purpose of—
(a) restoring continuity of supply of core fuels, or
(b) counteracting the disruption or failure, or its potential adverse impact.
(4) If the Secretary of State considers that there is a significant risk of disruption to, or a failure of, continuity of supply of core fuels, the Secretary of State may direct a person to whom this section applies to do anything in relation to the person’s relevant activities or assets which the Secretary of State considers necessary or expedient for the purpose of—
(a) reducing the risk, or
(b) reducing the potential adverse impact of the disruption or failure.
(5) The Secretary of State may not make a direction under subsection (1), (3) or (4) unless the Secretary of State considers—
(a) that, the corresponding cases (if any) are not sufficiently numerous to justify making regulations under section 272, or
(b) that, by reason of urgency, it is not practicable to achieve the aims of the direction by regulations under section 272.
(6) In subsection (5)(a) the reference to “corresponding cases” is to persons to whom this section applies in relation to whom the Secretary of State considers it would be appropriate to take action corresponding to the direction.
(7) This section applies to the following persons—
(a) a person carrying on core fuel sector activities in the course of a business which has capacity in excess of 500,000 tonnes;
(b) a Part 12 facility owner if the owned facility has capacity in excess of 20,000 tonnes.
(8) For the purposes of this Part—
(a) a business “has capacity in excess of” a specified number of tonnes if in the most recently ended calendar year core fuel sector activities were carried on in that business in relation to more than that number of tonnes of core fuel;
(b) a facility or infrastructure “has capacity in excess of” a specified number of tonnes if in the most recently ended calendar year it was used for the purposes of core fuel sector activities in relation to more than that number of tonnes of core fuels.
(1) Before giving a person a direction under section 269 the Secretary of State must give the person a written notice accompanied by a draft of the proposed direction.
(2) The notice under subsection (1) must—
(a) state that the Secretary of State proposes to give the person a direction in the form of the accompanying draft;
(b) explain why the Secretary of State proposes to give the direction;
(c) state when it is intended that the direction will come into effect;
(d) specify a period within which the person may make written representations with respect to the proposal.
(3) The period specified under subsection (2)(d) must begin with the date on which the notice is given to the person and must be not less than 14 days.
(4) Before giving a direction under section 269, the Secretary of State must consult—
(a) so far as the direction relates to relevant activities or assets in England, Scotland or Wales, the Health and Safety Executive;
(b) so far as the direction relates to relevant activities or assets in England, the Environment Agency;
(c) so far as the direction relates to relevant activities or assets in Scotland, the Scottish Environment Protection Agency;
(d) so far as the direction relates to relevant activities or assets in Wales, the Natural Resources Body for Wales;
(e) so far as the direction relates to relevant activities or assets in Northern Ireland—
(i) the Health and Safety Executive for Northern Ireland, and
(ii) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
(f) any other persons the Secretary of State thinks appropriate.
(5) The Secretary of State must decide whether to give the person the proposed direction (with or without modifications), after considering any representations made by—
(a) the person mentioned in subsection (1), and
(b) any person consulted in accordance with subsection (4).
(6) The Secretary of State must give written notice of that decision to the person mentioned in subsection (1).
(7) If the decision is to give the proposed direction, the notice must—
(a) contain the direction, and
(b) state the time when the direction is to take effect.
(8) Consultation under subsection (4) with the Environment Agency, the Scottish Environment Protection Agency or the Natural Resources Body for Wales must be with reference to that body’s functions under the Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483).
(9) Consultation under subsection (4) with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland must be with reference to the department’s functions under the Control of Major Accident Hazards Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 325).
Any person who, without reasonable excuse, fails to comply with a direction given to the person under section 269 commits an offence and is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
(1) The Secretary of State may, for the purpose of maintaining or improving core fuel sector resilience, by regulations require persons of a class or description specified in the regulations to do anything in relation to their relevant activities or assets.
(2) The Secretary of State may not make any provision by regulations under subsection (1) unless the Secretary of State considers that the persons mentioned in paragraphs (a) and (b) of subsection (5) have failed to make sufficient progress with the steps that the Secretary of State considers necessary for maintaining or improving core fuel sector resilience.
(3) Where there is disruption to, or a failure of, continuity of supply of core fuels, the Secretary of State may by regulations require persons of a class or description specified in the regulations to do anything in relation to their relevant activities or assets which the Secretary of State considers necessary or expedient for the purpose of—
(a) restoring continuity of supply of core fuels, or
(b) counteracting the disruption or failure, or its potential adverse impact.
(4) If the Secretary of State considers that there is a significant risk of disruption to, or a failure of, continuity of supply of core fuels, the Secretary of State may by regulations require persons of a class or description specified in the regulations to do anything in relation to their relevant activities or assets which the Secretary of State considers necessary or expedient for the purpose of—
(a) reducing the risk, or
(b) reducing the potential adverse impact of the disruption or failure.
(5) A class or description specified for the purposes of subsection (1), (3) or (4) may not include persons other than—
(a) persons carrying on core fuel sector activities in the course of a business which has capacity in excess of 1,000 tonnes, or
(b) Part 12 facility owners whose owned facility has capacity in excess of 1,000 tonnes.
(6) Regulations under this section may provide that any person who, without reasonable excuse, fails to comply with a requirement imposed by the regulations commits an offence.
(7) Before making regulations under this section the Secretary of State must consult—
(a) so far as the regulations relate to relevant activities or assets in England, Scotland or Wales, the Health and Safety Executive;
(b) so far as the regulations relate to relevant activities or assets in England, the Environment Agency;
(c) so far as the regulations relate to relevant assets or activities in Scotland, the Scottish Environment Protection Agency;
(d) so far as the regulations relate to relevant activities or assets in Wales, the Natural Resources Body for Wales;
(e) so far as the regulations relate to relevant activities or assets in Northern Ireland—
(i) the Health and Safety Executive for Northern Ireland, and
(ii) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
(f) any other persons the Secretary of State thinks appropriate.
(8) Regulations under this section are subject to the affirmative procedure.
(9) Consultation under subsection (7) with the Environment Agency, the Scottish Environment Protection Agency or the Natural Resources Body for Wales must be with reference to that body’s functions under the Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483).
(10) Consultation under subsection (7) with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland must be with reference to the department’s functions under the Control of Major Accident Hazards Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 325).
(1) The Secretary of State may by notice in writing require any of the following to provide the Secretary of State with information relating to their relevant activities or assets—
(a) a person carrying on core fuel sector activities in the course of a business which has capacity in excess of 1,000 tonnes;
(b) a Part 12 facility owner whose owned facility has capacity in excess of 1,000 tonnes.
(2) The Secretary of State may by notice in writing require a relevant wetstock manager to provide the Secretary of State with information relating to the relevant activities or assets of a person carrying on core fuel sector activities to whom the relevant wetstock manager provides stock management services.
(3) In this Part “relevant wetstock manager” means a person who provides to persons who make retail supplies of core fuels in the United Kingdom stock management services in respect of such supplies.
(4) The Secretary of State may only require information under this section for the purpose of maintaining or improving core fuel sector resilience.
(5) A notice under subsection (1) or (2) may—
(a) specify the manner in which information is to be provided;
(b) specify time limits for providing information;
(c) require information to be provided at specified intervals.
(6) Before giving a person a notice under subsection (1) or (2) the Secretary of State must—
(a) notify the person in writing of the proposed contents of the notice and of the period within which the person may make written representations with respect to the proposed requirement, and
(b) consider any representations made by the person.
(7) The period notified under subsection (6)(a) must begin on the date on which the notification is given and (subject to subsection (8)) must be not less than 14 days.
(8) The Secretary of State may notify a period under subsection (6)(a) that is less than 14 days but not less than 7 days if the Secretary of State considers that it is it is necessary to do so by reason of urgency.
(1) If at any time a person—
(a) knows, or has reason to suspect, that a notifiable incident is occurring or has occurred, and
(b) meets the condition in paragraph (a), (b) or (c) of subsection (2),
that person must notify the Secretary of State of the incident as soon as possible.
(2) The conditions mentioned in subsection (1)(b) are that—
(a) the person is carrying on core fuel sector activities in the course of a business which has capacity in excess of 500,000 tonnes;
(b) the person is a Part 12 facility owner in whose case the owned facility has capacity in excess of 500,000 tonnes;
(c) the person is of a class or description specified in regulations made by the Secretary of State under this subsection.
(3) In this section “notifiable incident”, in relation to a person, means an incident which affects the person’s relevant activities or assets in such a way as to create a significant risk of, or cause—
(a) disruption to, or
(b) a failure of,
the continuity of supply of core fuels.
(4) The Secretary of State may by notice in writing require a person who has given a notice under subsection (1) to provide further information about the incident.
(5) Before giving a person a notice under subsection (4) the Secretary of State must—
(a) notify the person in writing of—
(i) the proposed contents of the notice, and
(ii) the period within which the person may make written representations with respect to the proposal, and
(b) consider any representations made by the person.
(6) The period notified under subsection (5)(a)(ii) must begin on the date on which the notification is given and (subject to subsection (7)) must be not less than 14 days.
(7) The Secretary of State may notify a period under subsection (5)(a)(ii) that is less than 14 days but not less than 7 days if the Secretary of State considers that it is necessary to do so by reason of urgency.
(8) A notice under subsection (4) may specify—
(a) the manner in which information is to be provided, and
(b) time limits for providing information.
(9) Where a notification under subsection (1) is not made in writing, it must be confirmed in writing as soon as possible.
(10) Regulations under subsection (2)(c) may specify the meaning that “relevant activities or assets” is to have in subsection (3) in relation to persons of a class or description of persons specified in the regulations.
(11) Regulations under subsection (2)(c) are subject to the affirmative procedure.
275 Contravention of requirement under section 273 or 274
(1) A person who, without reasonable excuse, fails to comply with a requirement imposed by a notice under section 273(1) or (2) or 274(4) commits an offence.
(2) A person who, without reasonable excuse, fails to comply with section 274(1) commits an offence.
(3) A person who commits an offence under this section is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
276 Provision of information at specified intervals
(1) The Secretary of State may by regulations require any of the following to provide to the Secretary of State, at intervals specified in the regulations, information relating to their relevant activities or assets—
(a) a person carrying on core fuel sector activities in the course of a business which has capacity in excess of 1,000 tonnes;
(b) a Part 12 facility owner whose owned facility has capacity in excess of 1,000 tonnes.
(2) The Secretary of State may by regulations require a relevant wetstock manager to provide to the Secretary of State, at intervals specified in the regulations, information relating to the relevant activities or assets of a person carrying on core fuel sector activities to whom the relevant wetstock manager provides stock management services.
(3) The power to make regulations under this section may only be exercised for the purpose of maintaining or improving core fuel sector resilience.
(4) The regulations may make provision about—
(a) the information to be provided;
(b) the manner in which information is to be provided;
(c) time limits for providing information.
(5) Regulations under this section may provide that any person who, without reasonable excuse, fails to comply with a requirement imposed by the regulations commits an offence.
(6) Regulations under this section are subject to the affirmative procedure.
277 Disclosure of information held by the Secretary of State
(1) Subsection (2) applies to information held by the Secretary of State which was provided to the Secretary of State under section 273, 274 or 276.
(2) The information may be disclosed—
(a) to any government department or devolved authority for the purpose of—
(i) maintaining or improving core fuel sector resilience, or
(ii) restoring, or counteracting a disruption to, or failure of, continuity of supply of core fuels (or counteracting the potential adverse impact of any such disruption or failure), or
(b) if the disclosure is necessary for the purpose of criminal proceedings.
(3) Nothing in this section authorises the making of a disclosure which—
(a) contravenes the data protection legislation (as defined in section 3 of the Data Protection Act 2018), or
(b) is prohibited by any of Parts 1 to 7 of, or Chapter 1 of Part 9 of, the Investigatory Powers Act 2016.
In determining whether a disclosure would fall within paragraph (a) or (b), the powers conferred by this section are to be taken into account.
(4) In subsection (2) “devolved authority” means—
(a) the Welsh Ministers,
(b) the Scottish Ministers, or
(c) a Northern Ireland department.
(1) His Majesty’s Revenue and Customs (or anyone acting on their behalf) may disclose information to the Secretary of State for the purpose of facilitating the exercise by the Secretary of State of functions relating to core fuel sector resilience.
(2) A person who receives information as a result of this section may not—
(a) use the information for a purpose other than that mentioned in subsection (1), or
(b) further disclose the information,
except with the consent of the Commissioners for His Majesty’s Revenue and Customs (which may be general or specific).
(3) If a person discloses information in contravention of subsection (2)(b) which relates to a person whose identity—
(a) is specified in the disclosure, or
(b) can be deduced from it,
section 19 of the Commissioners for Revenue and Customs Act 2005 (offence of wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of information in contravention of section 20(9) of that Act.
(4) This section does not limit the circumstances in which information may be disclosed under section 18(2) of the Commissioners for Revenue and Customs Act 2005 or under any other enactment or rule of law.
(5) Nothing in this section authorises the making of a disclosure which—
(a) contravenes the data protection legislation (as defined in section 3 of the Data Protection Act 2018), or
(b) is prohibited by any of Parts 1 to 7 of, or Chapter 1 of Part 9 of, the Investigatory Powers Act 2016.
In determining whether a disclosure would fall within paragraph (a) or (b), the powers conferred by this section are to be taken into account.
(1) A person to whom a direction under section 269 or a notice under section 273 or 274(4) is given may appeal to the First-tier Tribunal against the direction or notice on the ground that the decision to give it—
(a) is based on an error of fact,
(b) is wrong in law, or
(c) is unfair or unreasonable.
(2) On an appeal under this section the Tribunal may—
(a) confirm or cancel the direction or notice, or
(b) refer the matter back to the Secretary of State for reconsideration with such directions (if any) as the Tribunal considers appropriate.
(1) It is an offence for a person to make a statement which the person knows is false or materially misleading—
(a) in responding to a requirement imposed by the Secretary of State—
(i) under section 273 (power to require information),
(ii) under section 274(4) (duty to report incidents), or
(iii) under regulations under section 276 (provision of information at specified intervals), or
(b) in making any other statement to the Secretary of State in connection with any of the Secretary of State’s functions under this Part.
(2) A person who commits an offence under this section is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
(1) This section applies to regulations under—
(a) section 272 (corresponding powers to make regulations);
(b) section 276 (provision of information at specified intervals).
(2) Regulations to which this section applies may provide for an offence under the regulations to be triable—
(a) only summarily, or
(b) either summarily or on indictment.
(3) Regulations to which this section applies may provide for an offence under the regulations that is triable either way to be punishable—
(a) on summary conviction in England and Wales with imprisonment for a term not exceeding the period specified or a fine (or both);
(b) on summary conviction in Scotland or Northern Ireland with imprisonment for a term not exceeding the period specified or a fine not exceeding the statutory maximum (or both);
(c) on conviction on indictment, with imprisonment for a term not exceeding the period specified, which may not exceed two years, or a fine (or both).
(4) A period specified under subsection (3)(a) may not exceed the general limit in a magistrates’ court.
(5) A period specified under subsection (3)(b) may not exceed—
(a) in relation to Scotland, 12 months;
(b) in relation to Northern Ireland, 6 months.
(6) Regulations to which this section applies may provide for a summary offence under the regulations to be punishable—
(a) with imprisonment for a term not exceeding the period specified,
(b) with—
(i) in England and Wales, a fine (or a fine not exceeding an amount specified, which must not exceed level 4 on the standard scale), or
(ii) in Scotland or Northern Ireland, a fine not exceeding the amount specified, which must not exceed level 5 on the standard scale, or
(c) with both.
(7) A period specified under subsection (6)(a) may not exceed—
(a) in relation to England and Wales—
(i) 6 months, in relation to offences committed before the date on which section 281(5) of the Criminal Justice Act 2003 comes into force, or
(ii) 51 weeks, in relation to offences committed on or after that date,
(b) in relation to Scotland, 12 months,
(c) in relation to Northern Ireland, 6 months.
(8) In this section “specified” means specified in the regulations.
Proceedings for an offence under this Part (including an offence created by regulations under section 272 or 276)—
(a) may not be brought in England and Wales except by or with the consent of the Secretary of State or the Director of Public Prosecutions;
(b) may not be brought in Northern Ireland except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
(1) Where an offence under this Part committed by a body corporate is proved—
(a) to have been committed with the consent or connivance of an officer of the body corporate, or
(b) to be attributable to neglect on the part of an officer of the body corporate,
that officer (as well as the body corporate) commits the offence and is liable to be proceeded against and dealt with accordingly.
(2) In subsection (1) “officer”, in relation to a body corporate, means—
(a) any director, manager, secretary or other similar officer of the body corporate, or
(b) any person purporting to act in any such capacity.
(3) In subsection (2) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(4) Where an offence under this Part is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, or to be attributable to any neglect on the part of a partner, that partner (as well as the partnership) commits the offence and is liable to be proceeded against and dealt with accordingly.