United Kingdom · regulation
Ask the law about thisMore laws of United KingdomFor machines: Markdown
In force since 2026-07-22, as the publisher states.
Copy read on 2026-11-10. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
sha256 518eb49d6301a29b9bdb886045b1742fe5f68c8828d7f65a1009d96cc9a2159f
No one has proposed a change to this act yet.
Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
2014 No. 1643 Energy The Energy Savings Opportunity Scheme Regulations 2014 Made 24th June2014 Laid before Parliament 26th June 2014 Coming into force 17th July 2014 The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to energy and energy sources, makes the following Regulations in exercise of the powers conferred by that section:
Propose a changeThese Regulations may be cited as the Energy Savings Opportunity Scheme Regulations 2014 and come into force on 17th July 2014.
Propose a change(1) In these Regulations— “approval body” has the meaning given in regulation 12(4)(b); “approved list” has the meaning given in regulation 12(5); “approved register” has the meaning given in regulation 12(4)(a); “areas of significant energy consumption” has the meaning given in regulation 25(2); “certified energy management system” has the meaning given in regulation 33(1); “Chief Inspector” has the meaning given in regulation 6(1)(b); “compliance body” has the meaning given in regulation 6(1); “compliance date” has the meaning given in regulation 4(4); “compliance notice” has the meaning given in regulation 35(1); “the Directive” means Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency ; ... “employee” has the meaning given in— section 230(1) of the Employment Rights Act 1996 in relation to England, Wales and Scotland, and article 3(1) of the Employment Rights (Northern Ireland) Order 1996 in relation to Northern Ireland; “energy” has the meaning given in Article 2(1) of the Directive; “energy audit” means an audit carried out, as part of an ESOS assessment, in accordance with Chapter 3 of Part 4; “energy consumption” has the meaning given in regulation 23(1); “energy efficiency” has the meaning given in Article 2(4) of the Directive; “energy intensity ratio” has the meaning given in regulation 25C(2); “energy measurement unit” means a unit by which the supply or consumption of energy is commonly measured; “energy saving category” means one of the following methods by which a participant can improve its energy efficiency— an energy management practice, a behaviour change intervention, training, a control, capital investment, or a method not falling within paragraph (a) to (e); “energy saving measure” has the meaning given in regulation 27A(7)(d); “energy saving opportunity” has the meaning given in regulation 27(1)(c); “enforcement notice” has the meaning given in regulation 38(1); “ESOS action plan” has the meaning given in regulation 34A(3); “ESOS action plan review” has the meaning given in regulation 27E(2); “ESOS assessment” means an assessment carried out in accordance with Part 4; “ESOS progress update” has the meaning given in regulation 34B(2); “ESOS report” has the meaning given in regulation 27A(4); “evidence pack” has the meaning given in regulation 28(1); “group undertaking” has the meaning given in section 1161(5) of the Companies Act 2006 ; “highest parent” has the meaning given in regulation 17(3); “highest parent group” has the meaning given in regulation 17(2); “initial compliance period” has the meaning given in regulation 4(1); “kWh” means kilowatt hours; “lead assessor” has the meaning given in regulation 11; “legislative provision” means an enactment, including— an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and Northern Ireland legislation; “Notification System” has the meaning given in regulation 8(1); “offshore activity” means activity which includes— the exploitation of mineral resources in or under the shore or bed of waters in the offshore area, the conversion of a place under the shore or bed of such waters for the purpose of storing gas, the storage of gas in, under or over such waters or the recovery of gas so stored, the unloading of gas at a place in, under or over such waters, and the provision of accommodation for persons who work on or from an offshore installation which is maintained for the production of petroleum or the storage or unloading of gas where storing gas includes storing gas with a view to its permanent disposal, and “gas” means gas within the meaning of section 2(4) of the Energy Act 2008 or carbon dioxide; “offshore area” means— the sea adjacent to England, Scotland, Wales and Northern Ireland from the low water mark to the landward baseline of the United Kingdom territorial sea, the United Kingdom territorial sea adjacent to England, Scotland, Wales and Northern Ireland, the sea in any designated area within the meaning of section 1(7) of the Continental Shelf Act 1964 , and the sea in any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009(d) and includes the places above those areas, and the bed and subsoil of the sea within those areas; “offshore installation” means an installation or structure used for carrying on an offshore activity, which is situated in the waters of, or on the seabed in, the offshore area, but excluding a ship or a floating structure which is not being maintained on station during the course of an offshore activity; “offshore undertaking” means an undertaking whose activities consist wholly or mainly of offshore activities; “organisational purpose” means one of the following purposes for which energy is consumed by assets held, or activities are carried on, by a participant— for transport, for an industrial process, for buildings, or for any other purpose not falling within paragraph (a) to (c); “parent undertaking” has the meaning given in section 1162 of the Companies Act 2006; “participant” has the meaning given in regulation 17(1); “the PAS” has the meaning given in regulation 12(1); “penalty notice” has the meaning given in regulation 39(1); “premises” means any land, vehicle or vessel, or any plant which is designed to move or be moved; “previous compliance period” means, in respect of an ESOS assessment, the compliance period ending immediately before the compliance period to which that ESOS assessment relates; “publication penalty” has the meaning given in regulation 41(1); “qualification date” has the meaning given in regulation 4(3); ... “reference period” has the meaning given in regulation 22(5); “relevant undertaking” has the meaning given in regulation 15(1); “responsible officer” has the meaning given in regulation 30(2); “responsible undertaking” has the meaning given in regulation 18; “the Scheme” means the Energy Savings Opportunity Scheme established by these Regulations; “scheme administrator” has the meaning given in regulation 5; “significant energy consumption” has the meaning given in regulation 25(4); “standard industrial classification” means the Office for National Statistics’ “UK Standard Industrial Classification of Economic Activities 2007 (SIC 2007); “subsequent compliance period” has the meaning given in regulation 4(2); “subsidiary undertaking” has the meaning given in section 1162 of the Companies Act 2006; “undertaking” has the meaning given in section 1161(1) of the Companies Act 2006; “working day” means any day other than— a Saturday or a Sunday, Christmas Day or Good Friday, or a bank holiday within the meaning of section 1 of the Banking and Financial Dealings Act 1971 . (2) Save as otherwise appears, any reference in these Regulations to a numbered Part, Chapter or regulation is a reference to that numbered Part, Chapter or regulation in these Regulations.
Propose a change(1) At intervals of no more than 5 years, the Secretary of State must— (a) carry out a review of the operation and effect of these Regulations, (b) publish the conclusions of the review in a report. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Any report must in particular— (a) set out the objectives intended to be achieved by these Regulations, (b) assess the extent to which those objectives are achieved, (c) assess whether those objectives remain appropriate, and (d) where the objectives remain appropriate, assess the extent to which they could be more effectively achieved.
Propose a change(1) The “initial compliance period” means the period which begins on the coming into force of these Regulations and ends on 5th December 2015. (2) A “subsequent compliance period” means a period which— (a) begins on the 6th December immediately following the end of the preceding compliance period, and (b) ends on the 5th December four years later. (3) The “qualification date” means— (a) in relation to the initial compliance period, 31st December 2014, (b) in relation to a subsequent compliance period, the 31st December immediately preceding the compliance date for that compliance period. (4) The “compliance date” means— (a) in relation to the compliance period beginning on 6th December 2019— (i) for the purposes of regulations 10 (publication of information), 22(3) (exclusion of assets no longer held on the compliance date), 26(4) (period of energy audit), 27A (ESOS report), 29 (notification of compliance) and paragraphs 7 and 7A of Schedule 2 (groups of undertakings - change of group), 5th June 2024, (ii) for the purposes of regulations 33 (compliance with ISO 50001) and 34 (display energy certificates and green deal assessments), either 5th December 2023 or 5th June 2024, as the participant elects, and (iii) for all other purposes, 5th December 2023, and (b) in relation to all other compliance periods, the 5th December on which that compliance period ends.
Propose a changeThe “scheme administrator” is the Environment Agency.
Propose a change(1) The “compliance body” means— (a) the scheme administrator, in respect of England, (b) the Chief Inspector constituted under regulation 8(3) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 (the “Chief Inspector”), in respect of Northern Ireland, (c) the Scottish Environment Protection Agency, in respect of Scotland, (d) the Natural Resources Body for Wales, in respect of Wales, (e) the Secretary of State for Energy Security and Net Zero, in respect of offshore undertakings. (2) Subject to paragraph (1), two compliance bodies may agree which of them will act as the compliance body in relation to a participant.
Propose a change(1) The compliance bodies must— (a) co-operate with each other in the exercise of their functions under these Regulations, (b) provide each other with such of the information provided to, or obtained by them, under these Regulations or any other legislative provision, as is required to enable them to carry out their functions under these Regulations. (2) A compliance body must, when requested by another compliance body, assist it in the exercise of its functions under these Regulations, by taking any action specified in the request where it is reasonable to do so. (3) In this regulation a reference to “functions” means, in relation to the Environment Agency, its functions as scheme administrator and as a compliance body.
Propose a change(1) The scheme administrator must ensure the establishment of a system (the “Notification System”) which enables responsible undertakings to— (a) notify information as required by these Regulations, and (b) voluntarily notify such additional information as the scheme administrator considers appropriate. (2) The scheme administrator must take reasonable steps to ensure that the Notification System is available for use by responsible undertakings at such times as the scheme administrator considers reasonable. (3) The scheme administrator may establish administrative arrangements in relation to the operation of the Notification System.
Propose a changeThe scheme administrator must provide to the Secretary of State any information held by it by virtue of these Regulations as is requested.
Propose a change(1) The scheme administrator must publish the following information to the extent that it is held on the Notification System— (a) the number of undertakings that have complied with the Scheme excluding Part 6A, (b) a list of responsible undertakings which have notified information in accordance with regulation 8(1)(a) and, where they have notified additional information under regulation 8(1)(b), ... that information. (c) the information specified in column 3 of Tables A to K in Schedule 3, (d) each ESOS action plan, and (e) each ESOS progress update. (2) The scheme administrator must publish the information referred to in— (a) paragraph (1)(a), (b) and (c), within the period of 6 months beginning with the compliance date for the compliance period to which the information relates, or within the period of 6 months beginning with the date of notification of the information using the Notification System, whichever is the later, (b) paragraph (1)(d), within the period of 6 months beginning with the date by which the responsible undertaking must notify the ESOS action plan in accordance with regulation 34A(6), or within the period of 6 months beginning with the date of notification of the information using the Notification System, whichever is the later, and (c) paragraph (1)(e), within the period of 6 months beginning with the date by which the responsible undertaking must notify the ESOS progress update in accordance with regulation 34B(6), or within the period of 6 months of beginning with the date of notification of the information using the Notification System, whichever is the later.
Propose a changeIn these Regulations “lead assessor” means an individual whose name appears on an approved register.
Propose a change(1) The scheme administrator must determine whether an individual meets the competence requirements (the “competence requirements”) set out in Publicly Available Specification 51215 (“the PAS”) , in accordance with this regulation and regulation 13. (2) The scheme administrator must consider an application by a professional body for a determination that the individuals on a register maintained by that body meet the competence requirements. (3) Where the scheme administrator is not satisfied that a register is a register of individuals who meet the competence requirements, it must make a determination to that effect and notify the professional body maintaining that register accordingly. (4) Where the scheme administrator is satisfied that a register is a register of individuals who meet the competence requirements, it must make a determination to that effect and notify the professional body maintaining that register accordingly, and— (a) “approved register” means a register which the scheme administrator has determined is a register of individuals who meet the competence requirements, and (b) “approval body” means a professional body that maintains an approved register. (5) The scheme administrator must publish a list of approved registers (the “approved list”) by 5th December 2014, and must keep that list up to date in accordance with regulation 13. (6) An approval body must— (a) take reasonable steps to ensure that an individual on its approved register continues to meet the competence requirements, (b) ensure that its approved register contains an up to date record of individuals who meet the competence requirements, (c) maintain a record of the name of any individual who is removed from its approved register, including the date on which they were removed and the reason for their removal, for four years after that removal, (d) respond to reasonable requests from the scheme administrator, the compliance bodies and participants, for confirmation that an individual is on its approved register, (e) notify the scheme administrator of any substantive changes to the process for including an individual on its approved register. (7) In making a determination under paragraph (3) or (4), or reviewing the approved list under regulation 13(1), the scheme administrator may require such information from the professional body as is necessary to make its determination. (8) For the purposes of this Chapter “professional body” means— (a) a professional association, membership of which is wholly or mainly restricted to individuals who have, or are seeking to attain, a recognised level of competence appropriate to the practice of the profession concerned, or (b) an association, the primary purpose of which is the advancement of a particular branch of knowledge or the fostering of professional expertise, connected with the past or present professions or employments of its members (whether individuals, or a body of persons corporate or unincorporated).
Propose a change(1) The scheme administrator— (a) must review the approved list once in every subsequent compliance period, by requiring every approval body to renew its application for approval, and (b) may review its determination that a register is an approved register, at any time. (2) In any case where the scheme administrator is no longer satisfied that individuals on an approved register meet the competence requirements, it must— (a) notify the professional body maintaining that register accordingly, and of the fact that the register will be removed from the approved list in accordance with sub-paragraph (b), and (b) remove that register from the approved list after the expiry of the time specified for appeal in regulation 14(1). (3) The scheme administrator may, at any time, direct an approval body to review whether an individual on its approved register continues to meet the competence requirements.
Propose a change(1) Where the professional body maintaining a register is notified of— (a) a determination under regulation 12(3), or (b) the proposed removal of that register from the approved list under regulation 13(2)(a), that body may, within 28 days (or where that period expires on a day other than a working day, by no later than the next working day), appeal to the Secretary of State against the decision. (2) The removal of a register from the approved list is suspended pending the resolution of the appeal referred to in paragraph (1).
Propose a change(1) Subject to regulation 16, an undertaking is a “relevant undertaking” in relation to a compliance period if, on the qualification date for that compliance period, it is— (a) a large undertaking, or (b) a small or medium undertaking which is a group undertaking in respect of a relevant undertaking falling within sub-paragraph (a). (2) For the purposes of these Regulations whether an undertaking is a large undertaking, or is a small or medium undertaking, is to be determined in accordance with Schedule 1.
Propose a change(1) The following are not relevant undertakings— (a) a public body, (b) an undertaking that is subject to insolvency proceedings during the period beginning with the qualification date and ending with the compliance date, or, (c) a small or medium undertaking which is a relevant undertaking in accordance with regulation 15(1)(b), where, during the period beginning with the qualification date and ending with the compliance date— (i) the large undertaking, in relation to which the undertaking is a group undertaking, is subject to insolvency proceedings, and (ii) there is no other large undertaking— (aa) in relation to which the undertaking is a group undertaking, and (bb) which is not subject to insolvency proceedings. (2) In this regulation— (a) “insolvency proceedings” means any proceedings under Parts A1 to 6 of the Insolvency Act 1986 or Parts 1A to 7 of the Insolvency (Northern Ireland) Order 1989 (as the case may be); (b) “public body” means— (i) a public authority within the meaning of the Procurement Act 2023 (see section 2 of that Act) that is not an excluded authority within the meaning of section 2(5)(a), (c) or (d) of that Act, but as if in section 2(5)(d)(ii) the reference to paragraph (b) were omitted, or (ii) in respect of a devolved Scottish authority, a contracting authority as defined in regulation 2(1) of the Public Contracts (Scotland) Regulations 2015; (c) “devolved Scottish authority” has the same meaning as in section 2(6) of the Procurement Act 2023.
Propose a change(1) In these Regulations “participant” means— (a) a relevant undertaking required to comply with the Scheme on its own behalf, (b) where two or more relevant undertakings comply with the Scheme as a group in accordance with paragraph (2), or paragraph 1, 3, 7 , 7A, 7B, or 10 of Schedule 2, that group of undertakings. (2) Where, on the qualification date for a compliance period— (a) two or more relevant undertakings are group undertakings in respect of each other, and (b) one of those group undertakings is a highest parent in respect of all the other group undertakings those undertakings constitute a “highest parent group” for the purposes of these Regulations and must comply with the Scheme as one participant unless paragraph 1, 3, 7 , 7A, 7B, or 10 of Schedule 2 apply. (3) For the purposes of these Regulations— (a) a parent undertaking is a “highest parent” where it has no parent undertaking which is a relevant undertaking, (b) a highest parent is the highest parent in respect of any group undertaking in relation to which it is a parent, and (c) an undertaking (A) is the parent undertaking of an undertaking (C) within the meaning of section 1162(5) of the Companies Act 2006, where any of A's subsidiary undertakings (B) are, or are to be treated as, parent undertakings of C, notwithstanding B is not a relevant undertaking.
Propose a changeThe “responsible undertaking” in relation to a participant means the relevant undertaking which is responsible for a participant's compliance with the Scheme, determined in accordance with regulation 19 or Schedule 2.
Propose a change(1) Where a relevant undertaking falls within regulation 17(1)(a), it is the responsible undertaking in relation to its own compliance with the Scheme. (2) Subject to paragraph (3), where a highest parent group complies with the Scheme as one participant in accordance with regulation 17(2), the highest parent is the responsible undertaking in relation to that participant's compliance with the Scheme. (3) All the relevant undertakings in a highest parent group may agree in writing that an undertaking within the group, other than the highest parent, is to be the responsible undertaking in relation to the participant's compliance with the Scheme. (4) Where paragraph 1, 3, 7 , 7A, 7B, or 10 of Schedule 2 applies, the responsible undertaking is to be determined in accordance with that Schedule. (5) Any reference in these Regulations to a responsible undertaking is to be construed in accordance with this regulation and Schedule 2. (6) The agreements referred to in paragraph (3) and in paragraphs 2, 4, 6, 7 , 7A, 7B, and 11 of Schedule 2 must be made between the responsible officers of the relevant undertakings.
Propose a changeA responsible undertaking must carry out an ESOS assessment ... in accordance with this Part.
Propose a change(1) A responsible undertaking must— (a) appoint at least one lead assessor for the purposes of the ESOS assessment, (b) provide any appointed lead assessor with a copy of the evidence pack maintained in accordance with regulation 28 in relation to any previous ESOS assessment in relation to the participant, (c) ensure that the ESOS assessment is reviewed by a lead assessor. (2) In reviewing an ESOS assessment the lead assessor must— (a) consider whether the ESOS assessment meets the requirements of these Regulations, and (b) notify the responsible undertaking accordingly. (2A) Within the period of seven days beginning with the day after the day on which a notification is made under paragraph (2)(b), the lead assessor must— (a) notify their approval body of the completion of the ESOS assessment, including the date of completion; (b) provide to the approval body— (i) the responsible undertaking’s registered name and address, and (ii) the name, postal address, email address and telephone number of at least two individuals who will act as contacts for the responsible undertaking, one of whom is the responsible officer. (3) This regulation does not apply in relation to a participant whose total energy consumption as calculated in accordance with Chapter 2 is less than 40,000 kWh of energy.
Propose a change(1) Where a responsible undertaking uses an estimate in accordance with these Regulations it must record (a) details of the method used to make the estimate , and (b) the data used to make this estimate. (2) Where a responsible undertaking uses an estimate in accordance with regulations 23(7), 25A(2), 25B(3) or 26(7)(b) it must— (a) notify the scheme administrator that an estimate was used, and (b) record in the evidence pack, the reasons why an estimate was used.
Propose a change(1) A responsible undertaking must ... calculate the participant's total energy consumption. (2) The calculation referred to in paragraph (1) must— (a) be carried out on or after the qualification date for the compliance period, (b) subject to paragraph (3), be based on the energy consumption of assets held, and activities carried on, by the participant on the qualification date for that compliance period, and (c) be based on the participant's energy consumption during the reference period. (3) A responsible undertaking may elect to exclude from the calculation referred to in paragraph (1) energy consumed by any asset which is no longer held by it, or by any activity which is no longer carried on by it (or, in the case of two or more relevant undertakings complying with the Scheme as one participant, any asset which is no longer held, or any activity which is no longer carried on, by any of those relevant undertakings) on the compliance date. (4) In these Regulations— (a) “activities carried on” includes offshore activities, (b) “assets held” includes offshore installations. (5) The “reference period”, in relation to a compliance period, means a period of 12 consecutive months which— (a) begins no more than 12 months before the qualification date, and (b) ends on or before the compliance date.
Propose a change(1) Subject to regulation 24, the “energy consumption” of a participant means energy that is— (a) supplied to the participant, and (b) consumed by assets held, or activities carried on, by the participant but excludes any energy which is supplied by the participant to another person. (2) For the purposes of paragraph (1)— (a) energy is supplied to a participant where— (i) the participant (or, in the case of two or more relevant undertakings complying with the Scheme as one participant, one or more of them) agrees with a person (“S”) that S will supply energy to the participant, and the participant is supplied with energy further to that agreement, (ii) two or more relevant undertakings agree with S that S will supply energy to them and they are supplied with energy further to that agreement, and one or more of them agrees to be the participant in relation to some or all of that energy supply, or (iii) the participant supplies energy, other than surplus heat, to itself, and (b) energy is supplied by a participant to another person (“R”), where the participant (or, in the case of two or more relevant undertakings complying with the Scheme as one participant, one or more of them) agrees with R that the participant will supply energy to R, and R is supplied with energy further to that agreement, and the amount of the supply is measured. (3) In this regulation “surplus heat” means heat generated as a by-product of an industrial process carried on by the participant (or, in the case of two or more relevant undertakings complying with the Scheme as one participant, carried on by one or more of them). (4) Subject to regulation 24(3) and (4), the energy consumption of a participant— (a) in the case of an offshore undertaking, excludes energy which is consumed by the participant outside the United Kingdom and offshore area, (b) in any other case, excludes energy which is consumed by the participant outside the United Kingdom. (5) In this regulation energy supplied or consumed is “measured” where— (a) the amount of energy is measured in energy measurement units, or (b) the cost of the energy is measured (“energy spend”). (6) In calculating measured energy supplied or consumed for the purposes of this Chapter, a responsible undertaking must base that calculation— (a) (except in the case of energy supplied by the participant to another person) on only one of the methods set out in paragraph (5), and (b) where reasonably practicable, on verifiable data. (7) Where verifiable data is not available for all of the reference period— (a) the calculation may be based on reasonable estimates of the amount of energy consumed, or the energy spend ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) In relation to energy consumed for the purposes of transport, the energy consumption of a participant also includes energy that is— (a) supplied to an individual who is authorised by the participant (or, in the case of two or more relevant undertakings complying with the Scheme as one participant, authorised by one or more of them) to receive the supply of energy for the purposes of transport, and (b) consumed for the purposes of transport by that individual in the course of their employment by, or acting on the business of, the participant. (2) For the purposes of these Regulations— (a) “energy consumed for the purposes of transport” means energy used by a road going vehicle, a vessel, an aircraft or a train, (b) “aircraft” means a self-propelled machine that can move through the air other than against the earth's surface, (c) “road going vehicle” means any vehicle— (i) in respect of which a vehicle licence is required under the Vehicle Excise and Registration Act 1994 , or (ii) which is an exempt vehicle under that Act, (d) “train” has the meaning given in section 83 of the Railways Act 1993 , and (e) “vessel” means any boat or ship which is self-propelled and operates in or under water. (3) The energy consumption of a participant includes energy which is consumed for the purposes of transport by an aircraft or a vessel during the course of any journey which— (a) starts, (b) ends, or (c) both starts and ends within the United Kingdom. (4) Notwithstanding regulation 23(4), a participant may elect to include— (a) energy consumed for the purposes of transport by an aircraft or a vessel, during the course of a journey which both starts, and ends, outside the United Kingdom, (b) energy consumed outside the United Kingdom for the purposes of transport by a road going vehicle or a train.
Propose a change(1) After calculating the participant's total energy consumption in accordance with this Chapter, the responsible undertaking may elect to identify the participant's “areas of significant energy consumption” for the purposes of Chapters 2A and 3 of this Part. (2) In these Regulations a participant's “areas of significant energy consumption” means those assets held, or activities carried on, by the participant which together account for not less than 95% of the participant's total energy consumption— (a) measured in energy measurement units, or (b) measured by energy spend. (3) Where the responsible undertaking elects to identify the participant’s areas of significant energy consumption, the responsible undertaking must calculate the participant’s significant energy consumption. (4) In these Regulations “significant energy consumption,” in relation to a participant, means the amount of the participant’s total energy consumption that is accounted for by the participant’s areas of significant energy consumption.
Propose a change(1) Where a participant’s total energy consumption, or, if applicable, significant energy consumption, as calculated in accordance with this Chapter, is not measured in kWh, the responsible undertaking must convert the participant’s total energy consumption, or significant energy consumption into kWh. (2) The conversion under paragraph (1) must— (a) where reasonably practicable, be based on verifiable data, or (b) otherwise, be based on a reasonable estimate of the amount of energy consumed in kWh.
Propose a change(1) After calculating the participant’s total energy consumption in accordance with Chapter 2, the responsible undertaking must calculate— (a) in any case where the responsible undertaking has elected to identify the participant’s areas of significant energy consumption, the amount of the participant’s significant energy consumption that is attributable to each organisational purpose expressed in kWh, or (b) in any other case, the amount of the participant’s total energy consumption that is attributable to each organisational purpose, expressed in kWh. (2) When added together, the results of the calculations— (a) under paragraph (1)(a) must equal the participant’s significant energy consumption, or (b) under paragraph (1)(b) must equal the participant’s total energy consumption. (3) The calculations under paragraph (1)(a) or (b) must— (a) where reasonably practicable, be based on verifiable data, or (b) otherwise, be based on a reasonable estimate of the amount of the participant’s significant energy consumption or the amount of the participant’s total energy consumption, as the case may be, that is attributable to the organisational purpose. (4) This regulation does not apply to a participant that is deemed to have complied with this Chapter by virtue of regulation 33A.
Propose a change(1) After carrying out the calculations referred to in regulation 25B(1)(a) or (b), the responsible undertaking must calculate at least one energy intensity ratio in relation to each organisational purpose. (2) Paragraph (1) does not apply in relation to an organisational purpose if the result of the calculation carried out under regulation 25B(1) in respect of the organisational purpose is zero. (3) In these Regulations, an “energy intensity ratio” in relation to an organisational purpose, is a ratio which expresses A in relation to B, where— “A” is the result of the calculation carried out under regulation 25B(1) in respect of the organisational purpose, and “B” is a quantifiable factor associated with assets held, or activities carried out by the participant for the organisational purpose, over the reference period. (4) When calculating the quantifiable factor for the purposes of paragraph (3), the responsible undertaking must base that calculation— (a) where reasonably practicable, on verifiable data, or (b) on a reasonable estimate.
Propose a change(1) Subject to regulations 33(3) and 33A, a responsible undertaking must carry out an energy audit in accordance with this Chapter— (a) in any case where the responsible undertaking has identified the participant's areas of significant energy consumption, in relation to those areas of significant energy consumption, or (b) in any other case, in relation to the participant's total energy consumption. (2) A responsible undertaking may elect to comply with the requirements of paragraph (1) by carrying out two or more energy audits, each relating to a different area of the participant's energy consumption. (3) So far as reasonably practicable, an energy audit must be based on verifiable data evidencing the participant's energy consumption in relation to its areas of significant energy consumption (or, where paragraph (1)(b) applies, its total energy consumption), measured in energy measurement units, over a 12 month period. (3A) An energy audit must include visits to sites that the responsible undertaking considers are representative of how energy is used by the assets held, and activities carried on, by the participant during the 12 month period referred to in paragraph (3). (4) Subject to paragraph (5), the 12 month period referred to in paragraph (3) must be a period of 12 consecutive months which— (a) in relation to the initial compliance period, begins— (i) no earlier than 6th December 2010, and (ii) no more than 24 months before the commencement of the energy audit, (b) in relation to a subsequent compliance period, begins— (i) no more than 12 months before the start of the compliance period, and (ii) no more than 24 months before the commencement of the energy audit, and ends on or before the compliance date for that compliance period. (5) The 12 month period must be such that no data is used as the basis for energy audits carried out in more than one compliance period. (6) Where a responsible undertaking elects, in accordance with paragraph (2), to carry out two or more energy audits in relation to different areas of its energy consumption, the participant may use different 12 month periods for each of those audits. (7) In any case where verifiable data evidencing the participant's energy consumption is not available for a 12 month period in accordance with paragraph (3), the energy audit may be based on— (a) verifiable data evidencing the participant's energy consumption over a shorter period, provided that the requirements of paragraph (4) are complied with, or (b) a reasonable estimate of the participant's energy consumption over the 12 month period referred to in paragraph (3). (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) The responsible undertaking must record details of how it has carried out each energy audit in accordance with this Chapter including— (a) the period during which the energy audit was carried out, (b) the 12 month period to which the energy audit relates, (c) as measured in accordance with paragraph (3)— (i) the participant’s energy consumption in relation to its areas of significant energy consumption, or (ii) where paragraph (1)(b) applies, the participant’s total energy consumption, (d) the number of sites at which the participant holds assets, or carries on activities, to which the energy audit relates, (e) the number of sites visited for the energy audit, (f) the reasons why the sites visited for the energy audit are considered to be representative of how energy is used by the range of assets held, and activities carried on, by the participant during the 12 month period to which the energy audit relates, and (g) where paragraph (7)(a) applies, details of the extent to which, and the reasons why, 12 months’ verifiable data was not used.
Propose a change(1) An energy audit must, so far as reasonably practicable— (a) analyse the participant's energy consumption and energy efficiency, (b) identify any way in which the participant can improve its energy efficiency, (c) recommend any measure falling within sub-paragraph (b) which is reasonably practicable and cost effective for the participant to implement (an “energy saving opportunity”), ... (d) in respect of each energy saving opportunity— (i) identify the organisational purpose to which the energy saving opportunity most closely relates, (ii) identify the energy saving category to which the energy saving opportunity most closely relates, (iii) identify any considerations relevant to the implementation of the energy saving opportunity, including, if applicable— (aa) any considerations arising from an obligation of any person under Part 3 of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, in relation to any buildings used by the participant, and (bb) information on any schemes under which grants or public funds from the United Kingdom Government, Scottish Government, Welsh Government or Northern Ireland Government may be available to support implementation of the energy saving opportunity, (iv) estimate, in pounds, the costs and benefits of implementing the energy saving opportunity, (v) identify any other non-financial costs and benefits that are not included in the estimate referred to in sub-paragraph (iv), (vi) estimate the annual reduction in energy spend and the annual reduction in energy consumption , in kWh, which would be achieved as a result of implementing the energy saving opportunity, and (vii) calculate the payback period for the energy saving opportunity, and (e) recommend a programme for implementation of the energy saving opportunities (if any), including— (i) a timescale for implementation of the energy saving opportunities, (ii) the estimated costs and benefits of implementing the programme, and (iii) the payback period calculated for the programme. (2) The analysis required by paragraph (1)(a) must, where appropriate and reasonably practicable, be based on “energy consumption profiles”. (3) For the purposes of this regulation, “energy consumption profile” means— (a) a breakdown of the different ways in which energy is consumed by activities carried on, and assets held, by the participant, and (b) where appropriate, an analysis of any variations in that energy use. (4) For the purposes of paragraph (1)(c), whether a measure is cost effective to implement must be determined by reference to— (a) the estimated reduction in energy consumption which would be achieved as a result of the measure being implemented, calculated in terms of energy measurement units or energy spend, and (b) the estimated cost of implementing the measure. (5) Whenever practicable, the cost of implementing a measure must be based on an analysis of whether the investment in the measure will be economical over its entire life, taking into account the costs of implementing the measure, including the costs of purchase, installation, maintenance, and depreciation. (6) In any case where the energy audit does not include an analysis based on energy consumption profiles, the responsible undertaking must— (a) notify the scheme administrator accordingly, and (b) record details of the alternative method of analysis used and the extent to which, and the reasons why, the energy audit does not include an analysis based on energy consumption profiles. (7) In these Regulations— “payback period” in relation to an energy saving opportunity or programme means the period of time in years calculated as— ab where— “a” is the estimated cost of implementing the energy saving opportunity or programme, and “b” is the estimated reduction in energy costs per year from implementing the energy saving opportunity or programme.
Propose a change(1) A responsible undertaking must produce an ESOS report in relation to each ESOS assessment. (2) Paragraph (1) does not apply in relation to (a) an ESOS assessment carried out for a compliance period ending on or before 5th December 2019 , or (b) an ESOS assessment carried out for a compliance period ending on or after 5th December 2027, where the participant is deemed to have complied with this Chapter in accordance with regulation 33(3) or 33A. (3) The ESOS report must be produced before the compliance date for the compliance period to which the ESOS assessment relates. (4) In these Regulations, an “ESOS report” is a written record containing— (a) the information required by paragraph (5), (b) where the responsible undertaking has conducted an energy audit under Chapter 3, the information required by paragraph (6), (c) where the participant is deemed to have complied with Chapter 3 by virtue of regulation 33(2), the information required by paragraph (7), (d) the information specified in column 1 of Tables A, C and E in Schedule 3, (e) where the responsible undertaking is one of two or more relevant undertakings complying with the Scheme as one participant, the information specified in column 1 of Table B in Schedule 3, and (f) where a lead assessor is required to be appointed under regulation 21, the information specified in column 1 of Table D in Schedule 3. (5) An ESOS report must include— (a) the participant’s total energy consumption, (b) where the responsible undertaking has elected to identify the participant’s areas of significant energy consumption, the participant’s significant energy consumption, expressed in kWh, and the percentage of the participant’s total energy consumption it represents, (c) the energy intensity ratios calculated in accordance with regulation 25C, ... (d) an estimate of energy savings achieved by the participant, produced in accordance with regulation 27D(1) , and, (e) the participant’s ESOS action plan review, produced in accordance with regulation 27E. (6) Where a responsible undertaking has conducted an energy audit under Chapter 3, the ESOS report must include in relation to the energy audit— (a) the information required to be recorded in accordance with sub-paragraphs (a) to (f) of regulation 26(9), (b) a description of the analysis carried out in accordance with regulation 27(1)(a), (c) the information referred to in sub-paragraphs (b) to (e) of regulation 27(1), (d) the sum of all the estimates made in accordance with regulation 27(1)(d)(vi) (annual reductions in energy spend and energy consumption), (e) for each organisational purpose, the sum of the estimates made in accordance with regulation 27(1)(d)(vi) in respect of energy saving opportunities that are identified in accordance with regulation 27(1)(d)(i) as most closely relating to that organisational purpose, and (f) for each energy saving category, the sum of the estimates made in accordance with regulation 27(1)(d)(vi) in respect of any energy saving opportunities that are identified in accordance with regulation 27(1)(d)(ii) as most closely relating to that energy saving category. (7) Where the participant is deemed to have complied with Chapter 3 by virtue of regulation 33(2), an ESOS report must include— (a) ... information on which assets held, or activities carried on by the participant fall under the certified energy management system, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) the percentage of the participant’s total energy consumption that falls within regulation 33(2) ..., (d) any way in which the participant can improve its energy efficiency that is recommended to the participant through its method of deemed compliance with Chapter 3 (“an energy saving measure”), (e) to the extent that the participant has obtained the information through its method of deemed compliance with Chapter 3— (i) the organisational purpose and the energy saving category to which each energy saving measure most closely relates, (ii) the estimated annual reduction in energy spend and energy consumption , in kWh, from implementing each energy saving measure, (iii) the sum of all the estimates made in accordance with paragraph (ii), (iv) for each organisation purpose, the sum of the estimates made in accordance with paragraph (ii) in respect of any energy saving measures that are identified in accordance with paragraph (i) as most closely relating to that organisational purpose, and (v) for each energy saving category, the sum of the estimates made in accordance with paragraph (ii) in respect of any energy saving measures that are identified in accordance with paragraph (i) as most closely relating to that energy saving category, (f) considerations relevant to the implementation of each energy saving measure, including, if applicable— (i) any considerations arising from an obligation of any person under Part 3 of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, in relation to any buildings used by the participant, and (ii) information on any existing schemes under which grants or public funds from the United Kingdom Government, Scottish Government, Welsh Government or Northern Ireland Government may be available to support implementation of the energy saving measure, and (g) a programme, including a timescale, for implementation of the energy saving measures (if any). (8) In this regulation— (a) references to a participant’s method of deemed compliance with Chapter 3 mean— (i) where compliance is by virtue of regulation 33(2), the certified energy management system referred to in that regulation, (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) references to a participant’s total energy consumption are references to the participant’s total energy consumption, in kWh, as calculated in accordance with Chapter 2.
Propose a change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Subject to paragraphs (2) and (3), where there is any group undertaking in relation to the responsible undertaking on the qualification date for the compliance period to which the ESOS report relates, the responsible undertaking must disclose to the group undertaking those parts of the ESOS report and the evidence pack relevant to the group undertaking. (2) The responsible undertaking is not required to disclose any part of the evidence pack to the group undertaking unless the participant is deemed to have complied with Chapter 3 by virtue of regulation 33(2). (3) To the extent that disclosure of those parts of the ESOS report or the evidence pack relevant to the group undertaking is prohibited by law— (a) paragraph (1) does not apply, and (b) the responsible undertaking must notify the scheme administrator using the Notification System identifying— (i) the parts of the ESOS report or the evidence pack that the responsible undertaking is prohibited from disclosing to the group undertaking, and (ii) the reasons why the responsible undertaking considers that disclosure of those parts of the ESOS report or the evidence pack is prohibited by law. (4) For the purposes of this regulation, the parts of an ESOS report and evidence pack relevant to a group undertaking are those parts identifying— (a) where the responsible undertaking has conducted an energy audit under Chapter 3— (i) any energy saving opportunity which relates to energy consumed, assets held, or activities carried on by the group undertaking, (ii) the estimated costs and benefits of implementing any such energy saving opportunity, (iii) any considerations relevant to the implementation of any such energy saving opportunity, and (iv) any analysis of energy consumption and energy efficiency carried out in accordance with regulation 27(1)(a), including any energy consumption profiles produced in accordance with regulation 27(2) and (3) which relates to energy consumed, assets held, or activities carried on by the group undertaking, and (b) where the participant is deemed to have complied with Chapter 3 by virtue of regulation 33(2)— (i) ... any information under an ISO50001 energy management system as defined in that regulation relating to energy reviews which may relate to such group undertaking, (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iv) any energy saving measure which relates to energy consumed, assets held, or activities carried on, by the group undertaking, and (v) any considerations relevant to the implementation of any such energy saving measure.
Propose a change(1) Subject to paragraph (3), when carrying out an ESOS assessment in accordance with Chapter 1 of this Part, a responsible undertaking must also produce an estimate of energy savings achieved by the participant in that compliance period, in kWh. (2) The responsible undertaking must also— (a) estimate the proportion of the energy savings referred to in paragraph (1) that most closely relates to each organisational purpose, (b) identify the measures implemented by the participant to achieve the energy savings referred to in paragraph (1) during the compliance period, and (c) for each measure identified in accordance with sub-paragraph (b)— (i) identify the energy saving category to which the measure most closely relates, and (ii) calculate the estimated energy savings, in kWh, achieved by the implementation of the measure. (3) A responsible undertaking is not required to prepare an energy savings estimate in accordance with paragraphs (1) and (2) in respect of a participant which was not a participant for the previous compliance period. (4) This regulation does not apply to a participant which is deemed to have complied with this Chapter by virtue of regulation 33A.
Propose a change(1) Subject to paragraph (3), when conducting an ESOS assessment in accordance with Chapter 1 of this Part, a responsible undertaking must also complete an ESOS action plan review. (2) An “ESOS action plan review” is a written record containing— (a) identification of any measures recorded in any current ESOS action plan which have not been implemented, and are not expected to be implemented, before the end of the compliance period to which the ESOS assessment relates, (b) an explanation of the reasons why those measures were not implemented, and (c) where applicable, confirmation that none of the relevant undertakings comprising the participant which were required to produce a current ESOS action plan did so. (3) This regulation does not apply in relation to a participant which— (a) comprises only relevant undertakings in respect of which the requirement to produce a current ESOS action plan did not apply, or (b) is deemed to have complied with this Chapter by virtue of regulation 33A. (4) In this regulation, “current ESOS action plan” means an ESOS action plan produced in accordance with regulation 34A(3) for the previous compliance period, in respect of any relevant undertakings which comprise the participant and which were relevant undertakings for the previous compliance period.
Propose a change(1) Subject to regulation 33A, a responsible undertaking must maintain a written record in relation to each ESOS assessment carried out by it (the “evidence pack”) which includes— (a) records of any data used for the purposes of— (i) the calculation of total energy consumption under Chapter 2 of this Part, (ii) the identification of areas of significant energy consumption under regulation 25, (iii) the energy audit under Chapter 3 of this Part, including in particular the identification of energy saving opportunities under regulation 27, (iv) calculations related to organisational purposes under Chapter 2A of this Part, (v) conversion of total energy consumption or significant energy consumption into kWh units under regulation 25A, (vi) the preparation of any ESOS report under regulation 27A, (vii) the calculation of estimated energy savings since the previous compliance date under regulation 27D, (viii) any ESOS action plan under regulation 34A, (ix) any ESOS progress update under regulation 34B, (b) evidence of the certification of any certified energy management system, ..., relied on by the participant in accordance with regulation 33(2) or (3), (c) any agreement made in accordance with regulation 19(3), or paragraph 2, 4, 6, 7 , 7A, 7B or 11 of Schedule 2, (d) the notification given by the lead assessor under regulation 21(2)(b), ... (e) any information recorded in accordance with regulation 21A(1), 27(6)(b), 34A(5)(b) or 34B(5)(b), (f) any ESOS report, (g) the information notified to the scheme administrator in accordance with regulation 29, (h) any ESOS action plan, ... (i) any ESOS progress update, (j) details of the methods and data used for the purposes of making any estimate in accordance with regulation 21A(1), and (k) any ESOS action plan review. (2) The evidence pack must be kept— (a) in relation to the initial compliance period, until at least 5th June 2024, and (b) in relation to any other compliance period, for at least two subsequent compliance periods following the compliance period to which it relates.
Propose a change(1) A responsible undertaking must notify the scheme administrator using the Notification System whether the participant has complied with Part 4, (or, as the case may be, Part 6) in relation to a compliance period by providing— (a) where the responsible undertaking has conducted an energy audit under Chapter 3 of Part 4, the information specified in column 2 of tables A, C and E, F, G , H and J in Schedule 3, (aa) where the participant is deemed to have complied with Chapter 3 of Part 4 by virtue of regulation 33(2)— (i) to the extent not already provided under sub-paragraph (a), the information specified in column 2 of tables A, C, E, F, G and J in Schedule 3, (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) the information specified in column 2 of Table I in Schedule 3, (ab) where the responsible undertaking is one of two or more relevant undertakings complying with the Scheme as one participant, the information specified in column 2 of Table B in Schedule 3, (ac) where a lead assessor is required to be appointed under regulation 21, the information specified in column 2 of Table D in Schedule 3, ... (ad) where the participant is deemed, by virtue of regulation 33(3), to have complied with regulations 21 and 26 and Chapters 3 and 3A of Part 4, the information specified in column 2 of Tables A, C, F, G, J and K in Schedule 3, (ae) where the participant is deemed, by virtue of regulation 33A, to have complied with regulations 20, 21, 21A(2)(b) and Chapters 2A to 4 of Part 4, the information specified in column 2 of Tables A and C in Schedule 3, (af) where the participant is one to which regulation 17(1)(b) applies, the information specified in column 2 of Table B in Schedule 3, and (b) the confirmation required by regulation 31 after the qualification date, and by no later than the compliance date, for that compliance period. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) A participant must appoint one or more responsible officers in relation to an ESOS assessment. (2) In these Regulations “responsible officer” means a person who is nominated for the purposes of these Regulations and is— (a) where applicable, a director of the participant (or, in the case of two or more relevant undertakings complying with the Scheme as one participant, a director of one of them) within the meaning of section 250 of the Companies Act 2006 (a “director”) , or (b) where there is no person falling within sub-paragraph (a) in relation to a participant, a person exercising management control in the participant (or, in the case of two or more relevant undertakings complying with the Scheme as one participant, such a person in relation to one or more of the relevant undertakings). (3) In any case where the lead assessor appointed under regulation 21(1) is independent of the participant, one responsible officer must be nominated, and in any other case, two responsible officers must be nominated. (3A) In any case where a lead assessor is not required to be appointed by virtue of regulation 21(3), two responsible officers must be nominated. (4) For the purposes of this regulation a person appointed by a responsible undertaking as lead assessor is independent of the participant if they are not— (a) connected with it by virtue of being a person who is, or has in the last 12 months been— (i) an employee, (ii) a director, partner or other person exercising management control, or (iii) a shareholder of the participant, or (b) a spouse or civil partner of a person falling within sub-paragraph (a).
Propose a change