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71 provisions
31 Confirmation to be given by responsible officer
A notification required by regulation 29 must include confirmation that—
(a) the responsible officer is satisfied to the best of their knowledge that—
(i) the participant is within the scope of the Scheme, and
(ii) the responsible undertaking has complied with Parts 4 to 6,
(iii) the information provided under regulation 29(a) to (ac) is correct, and
(b) the responsible officer has seen and considered the recommendations of the audit (where applicable) and any certified energy management system relied upon for the purposes of regulation 33(2) or (3).
(1) This regulation applies in any case where a participant's energy management system is certified, within the relevant period, as being in compliance with ISO 50001 (a “certified energy management system”), and that certification remains valid on the compliance date.
(2) Except where paragraph (3) applies, the participant is deemed to have complied with Chapter 3 of Part 4 in relation to any part of its energy consumption which falls under the certified energy management system.
(2A) Paragraph 3 applies where all of the participant’s—
(a) total energy consumption, or
(b) significant energy consumption
falls under the certified energy management system.
(3) Where the conditions in paragraph (2A) are met, the participant is deemed to have complied with
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) regulation 21, and
(c) Chapters 3 and 3A of Part 4.
(4) In this regulation—
(a) “certified” means certified by a body that is accredited, for the purpose of certifying compliance with ISO 50001, by at least one of the following—
(i) a member of the International Accreditation Forum,
(ii) a national accreditation body of a Member State,
(iii) the national accreditation body of the United Kingdom appointed in accordance with Article 4(1) of Regulation (EC) No 765/2008 of the European Parliament and of the Council,
(b) “energy management system” has the meaning given in Article 2(11) of the Directive,
(c) “ISO 50001” means the international standard “50001:2011 Energy management systems – Requirements with guidance for use” or the international standard “50001:2018 Energy management systems – Requirements with guidance for use”, ...
(d) “national accreditation body of a Member State ” means a national accreditation body of a Member State within the meaning of Article 2(11) of Regulation (EC) no 765/2008 of the European Parliament and of the Council as it has effect in EU law,
(e) “relevant period” means—
(i) in the case of the compliance period beginning on 6th December 2019, the period beginning on that date and ending on the compliance date,
(ii) in any other case, the compliance period.
(1) This regulation applies where, in a compliance period, a responsible undertaking has calculated the participant’s total energy consumption as zero kWh.
(2) In respect of that compliance period, the participant is deemed to have complied with—
(a) regulation 20, 21 and 21A(2)(b);
(b) Chapters 2A to 4 of Part 4;
(c) Part 6A.
(1) Following a notification by a responsible undertaking under regulation 29(1) in relation to a compliance period, the responsible undertaking must produce an ESOS action plan.
(2) Paragraph (1) does not apply to a notification made under regulation 29(1) in relation to a compliance period ending on or before 5th December 2019.
(3) An “ESOS action plan” is a written record—
(a) setting out—
(i) each measure to improve its energy efficiency that the participant proposes to implement before the end of the relevant compliance period,
(ii) whether the measure was recommended by an energy audit in accordance with regulation 27(1)(c),
(iii) the date by which the participant proposes to implement the measure,
(iv) an estimate of the total energy savings that the participant reasonably expects to achieve during the relevant compliance period by implementing the measure, in kWh,
(v) an estimate of the amount of the energy savings referred to in paragraph (iv) that the participant reasonably expects to achieve in relation to each organisational purpose, in kWh, and
(vi) the method used to calculate the estimate under paragraph (iv), or
(b) containing a statement that there is no measure to improve its energy efficiency that the participant proposes to implement before the end of the relevant compliance period.
(4) Where the ESOS action plan contains an estimate in accordance with paragraph (3)(a)(iv), the responsible undertaking must identify whether the estimate is based on—
(a) the estimated benefits calculated as part of the energy audit carried out in accordance with regulation 27(1)(d),
(b) estimated energy savings calculated through a method of deemed compliance with Chapter 3 of Part 4, or
(c) another reasonable estimation method.
(5) Where an estimate is based on another reasonable estimation method by virtue of paragraph 4(c), the responsible undertaking must—
(a) record a brief description of the method used to estimate the energy savings, and
(b) record the reason for using this method in the evidence pack.
(6) Using the Notification System, the responsible undertaking must notify the scheme administrator of the ESOS action plan by providing—
(a) the ESOS action plan, and
(b) the confirmation required by paragraph (8).
(7) The notification required by paragraph (6) must be provided—
(a) in relation to the compliance period beginning on 6th December 2019 by 5 December 2024, and
(b) in relation to all other compliance periods, within the period starting on the first day of the relevant compliance period and ending on the day before the one-year anniversary of that date.
(8) The notification required by paragraph (6) must include confirmation that—
(a) the responsible officer is satisfied to the best of their knowledge that the responsible undertaking has complied with paragraphs (1) to (5), and
(b) the responsible officer has seen and considered the ESOS action plan.
(9) In paragraph (4)(b), references to the participant’s “method of deemed compliance with Chapter 3 of Part 4” have the same meaning as references to “method of deemed compliance with Chapter 3” in regulation 27A(8).
(10) In this Regulation “relevant compliance period” means the compliance period following the compliance period to which the notification referred to in paragraph (1) relates.
(11) This regulation does not apply to a participant which is deemed to have complied with this Part by virtue of regulation 33A.
(1) Following notification of an ESOS action plan under regulation 34A(6) (“the latest ESOS action plan”), the responsible undertaking must produce—
(a) an ESOS progress update during the period starting on the one year anniversary of the first day of the relevant compliance period and ending on the day before the two year anniversary of the first day of the relevant compliance period (“an initial progress update”), ...
(b) an ESOS progress update during the period starting on the two year anniversary of the first day of the relevant compliance period and ending on the day before the three year anniversary of the first day of the relevant compliance period (“a further progress update”) , and
(c) for compliance periods ending on or after 5th December 2027, an ESOS progress update during the period starting on the three year anniversary of the first day of the relevant compliance period and ending on the day before the four year anniversary of the first day of the relevant compliance period (“a final progress update”).
(2) An ESOS progress update is a written record identifying any action taken by or on behalf of the participant since the relevant event to implement measures to improve the participant’s energy efficiency.
(3) An ESOS progress update must include—
(a) information identifying—
(i) any measure set out in the latest ESOS action plan that the participant has implemented since the relevant event,
(ii) whether such measure was implemented by any date specified for it in the latest ESOS action plan, and
(iii) any measure set out in the latest ESOS action plan that the participant has not implemented by any date specified for it in the latest ESOS action plan, and
(b) an estimate for the reduction in energy consumption that has been, or will be achieved during the relevant reporting period as a result of the actions identified in the ESOS progress update, calculated in kWh, and
(c) the method used to produce the estimate in accordance with sub-paragraph (b).
(4) In relation to the estimate referred to in paragraph (3)(b), the responsible undertaking must identify whether the estimate is based on—
(a) an estimate of the reduction in energy consumption produced as part of an energy audit carried out in accordance with regulation 27(1)(d)(vi),
(b) an estimate included in the latest ESOS action plan, or
(c) another reasonable estimation method.
(5) Where an estimate is based on another reasonable estimation method by virtue of paragraph 4(c), the responsible undertaking must—
(a) record a brief description of the method used to estimate the reduction in energy consumption, and
(b) record the reason for using this method in the evidence pack.
(6) Using the Notification System, the responsible undertaking must notify the scheme administrator of the ESOS progress update by providing—
(a) the ESOS progress update, and
(b) the confirmation required by paragraph (7)
within the relevant reporting period.
(7) The notification required by paragraph (6) must include confirmation that—
(a) the responsible officer is satisfied to the best of their knowledge that the responsible undertaking has complied with paragraphs (1) to (5), and
(b) the responsible officer has seen and considered the ESOS progress update.
(8) In this Regulation—
“relevant compliance period” has the same meaning as in regulation 34A(10),
“relevant event” means—
in the case of an initial progress update, the notification of the latest ESOS action plan under regulation 34A(6);
in the case of a further progress update, the notification of the initial progress update under paragraph (6);
in the case of a final progress update, the notification of the further progress update under paragraph (6).
“relevant reporting period” means—
in the case of an initial progress update, the period referred to in paragraph (1)(a);
in the case of a further progress update, the period referred to in paragraph (1)(b);
in the case of a final progress update, the period referred to in paragraph (1)(c).
(9) This regulation does not apply to a participant which is deemed to have complied with this Part by virtue of regulation 33A.
(1) A compliance body may serve a notice on a responsible undertaking requesting such information as it considers necessary to enable it to monitor compliance with these Regulations (a “compliance notice”).
(2) A compliance notice must—
(a) be in writing,
(b) be served on the person to whom it is addressed,
(c) specify the date by which compliance with it is required.
(3) A compliance notice may be varied or revoked in writing at any time by the compliance body that issued it.
(4) Where a responsible undertaking—
(a) fails to comply with a compliance notice, or
(b) in the opinion of the compliance body, supplies incomplete or inaccurate information,
the compliance body may instead determine the information requested.
(5) A determination under paragraph (4) must be made in writing and include information about appeals under Part 9 of these Regulations and, within 10 days of making the determination, be served on the responsible undertaking.
(1) A compliance body may inspect any premises, and any thing in or on those premises, in order to monitor compliance with these Regulations.
(2) Reasonable prior notice must be given before exercising the power in paragraph (1).
(3) A compliance body may authorise in writing such persons (“authorised persons”) who appear suitable to exercise the compliance body's powers of inspection under this regulation.
(4) An authorised person must, when inspecting premises, produce a copy of the written authorisation referred to in paragraph (3) on request.
(5) A person in control of the premises to which the compliance body or authorised person requires access—
(a) must allow the authorised person to have access to those premises, and
(b) where the premises are an offshore installation, must afford the compliance body or authorised person such facilities and assistance, including the provision of transport, accommodation and other subsistence, as necessary and reasonably practicable.
(6) A compliance body or an authorised person may, when inspecting premises—
(a) require the production of any record,
(b) take measurements, photographs, recordings or copies of any thing,
(c) require any person at the premises to provide facilities and assistance to the extent that is within that person's control.
(1) A responsible undertaking must notify the scheme administrator if it becomes aware that it is in breach of any requirement of these Regulations.
(2) A compliance body may take into account any information—
(a) provided to it in accordance with paragraph (1), or
(b) held by it, or provided to it, by virtue of any other provision in these Regulations or any other legislative provision,
in determining whether a responsible undertaking has complied with these Regulations.
(1) In any case where the relevant compliance body reasonably believes that a responsible undertaking has failed to comply with a requirement of these Regulations, that compliance body may serve a notice on that responsible undertaking in accordance with this regulation (an “enforcement notice”).
(2) An enforcement notice must—
(a) be in writing,
(b) be served on the person to whom it is addressed,
(c) specify—
(i) the provision of these Regulations which the compliance body believes has been breached,
(ii) the matters constituting the breach,
(iii) the steps that must be taken to remedy the breach,
(iv) the date by which those steps must be taken, and
(d) include information about appeals under Part 9.
(3) An enforcement notice may be varied or revoked in writing at any time by the compliance body that issued it.
(1) In any case where the relevant compliance body is satisfied that a responsible undertaking is liable to a civil penalty under this Part, it may serve a notice on that responsible undertaking (a “penalty notice”) imposing the penalties and other requirements set out in this Part.
(2) A penalty notice must—
(a) be in writing,
(b) be served on the person to whom it is addressed,
(c) specify—
(i) the breach of these Regulations in respect of which the penalty is imposed,
(ii) the steps that must be taken to remedy the breach,
(iii) the nature of the penalty, and
(d) include information about appeals under Part 9.
(3) A penalty notice imposing a financial penalty must specify—
(a) where no daily penalty applies or the total amount of the daily penalty can be determined at the date of service of the notice—
(i) the total amount due,
(ii) where applicable, how it has been calculated, and
(iii) to whom, and the date by which, it must be paid,
(b) where a daily penalty applies and the total amount of the daily penalty cannot be determined at the date of service of the notice—
(i) the amount of the initial penalty,
(ii) details of the applicable daily penalty, and
(iii) to whom the penalty must be paid.
(4) Where a notice has been served under paragraph (3)(b) and the total amount of the daily penalty can be determined after the date of service of the notice, the compliance body must serve a further notice on the responsible undertaking which complies with paragraph (3)(a).
(5) The daily penalty rate must be calculated by reference to working days.
(6) The compliance body must remit to the Secretary of State any financial penalty received.
(1) Where—
(a) an initial penalty applies,
(b) the total amount of the daily penalty can be determined at the date of service of the notice,
the financial penalty is due 60 working days after notice of that penalty is given.
(2) If unpaid, a financial penalty is recoverable as a civil debt by the compliance body.
(1) The “publication penalty” means publication on the scheme administrator's webpage, or another compliance body's website, of the following information in relation to a penalty notice—
(a) the name of the responsible undertaking and, where different, of the participant,
(b) details of the breach of these Regulations in respect of which the penalty notice has been issued, and
(c) details of any financial penalty imposed.
(2) The information in paragraph (1) must be published for a minimum period of one year, and may be published for such longer period as the scheme administrator or the compliance body (as the case may be) determines.
(3) A publication penalty may not take effect until the period specified for any appeal against the penalty has expired.
42 Discretion in waiving, imposition and modification of civil penalties
(1) Where the compliance body considers appropriate, it may—
(a) waive a civil penalty,
(b) allow additional time to pay any financial penalty,
(c) impose a lower financial penalty, or substitute a lower financial penalty where one has already been imposed, or
(d) modify the application of a publication penalty.
(2) Where, at any time before a financial penalty is due to be paid, the compliance body ceases to be satisfied that the responsible undertaking is liable for that penalty, it may serve a further notice on that undertaking—
(a) withdrawing the penalty notice, or
(b) modifying the penalty notice.
(1) The penalties in paragraph (2) apply where a responsible undertaking fails to notify the scheme administrator of its compliance, contrary to regulation 29.
(2) The penalties are—
(a) the financial penalties of—
(i) an initial penalty of up to £5,000, and
(ii) a daily penalty of up to £500 for each working day the responsible undertaking remains in breach, starting on the day after the service of the penalty notice subject to a maximum of 80 working days, and
(b) the publication penalty.
(1) The penalties in paragraph (2) apply where a responsible undertaking fails to maintain records, contrary to regulation 28.
(2) The penalties are—
(a) the financial penalties of—
(i) an initial penalty of up to £5,000, and
(ii) a sum representing the cost to the compliance body of confirming the responsible undertaking has complied with the Scheme, and
(b) the publication penalty.
(3) The penalty notice may specify the steps the compliance body requires the responsible undertaking to take to remedy the breach.
(1) The penalties in paragraph (2) apply where a responsible undertaking fails to carry out an audit, contrary to Chapter 3 of Part 4, except where regulation 33(3) or 33A applies.
(2) The penalties are—
(a) the financial penalties of—
(i) an initial penalty of £50,000, or such lesser amount as the compliance body may determine, and
(ii) a daily penalty of up to £500 for each working day the responsible undertaking remains in breach, starting on the day after the service of the compliance notice subject to a maximum of 80 working days, and
(b) the publication penalty.
(3) The penalty notice may specify the steps the compliance body requires the responsible undertaking to take, including conducting or completing an ESOS assessment, to remedy the breach, and the date by which such steps must be taken.
(1) The penalties in paragraph (2) apply where a responsible undertaking fails to provide information, or to take steps, required by a compliance notice, an enforcement notice or a penalty notice.
(2) The penalties are—
(a) the financial penalties of—
(i) an initial penalty of up to £5,000, and
(ii) a daily penalty of up to £500 for each working day the responsible undertaking remains in breach, starting on the day after the service of the penalty notice subject to a maximum of 80 working days, and
(b) the publication penalty.
(1) The penalties in paragraph (2) apply where a responsible undertaking makes a statement which is false or misleading when notifying information to the scheme administrator or a compliance body, or when providing information required by a compliance notice, an enforcement notice or a penalty notice.
(2) The penalties are—
(a) £50,000, or such lesser amount as the compliance body may determine, and
(b) the publication penalty.
(1) A responsible undertaking served with a determination under regulation 35(5) or paragraph 13(2) of Schedule 2, or with an enforcement notice, or a penalty notice, may appeal to the relevant appeal body on the grounds that the determination, enforcement notice or penalty notice (as the case may be) was—
(a) based on an error of fact,
(b) wrong in law, or
(c) unreasonable.
(2) The relevant appeal body—
(a) in the case of an appeal against a determination made, or an enforcement notice or a penalty notice issued, by the scheme administrator, the Natural Resources Body for Wales, or the Secretary of State for Energy Security and Net Zero, is the First-tier Tribunal,
(b) in the case of an appeal against determination made, or an enforcement notice or a penalty notice issued by the Scottish Environment Protection Agency, is the Scottish Ministers,
(c) in the case of an appeal against a determination made, or an enforcement notice or a penalty notice issued by the Chief Inspector, is the Planning Appeals Commission.
(3) “First-tier Tribunal” has the meaning given in section 3 of the Tribunals, Courts and Enforcement Act 2007 .
(4) “Planning Appeals Commission” has the meaning given in of Article 110(1) of the Planning (Northern Ireland) Order 1991 .
(5) Schedule 4 has effect in relation to the making of appeals to the Scottish Ministers and the Planning Appeals Commission.
The bringing of an appeal suspends the determination, enforcement notice or penalty notice (as the case may be) being appealed taking effect pending determination of the appeal.
An appeal body may—
(a) cancel the determination, enforcement notice or penalty notice (as the case may be),
(b) affirm the determination, enforcement notice or penalty notice (as the case may be), whether in its original form or with such modification as it sees fit,
(c) instruct the scheme administrator or the relevant compliance body to do, or not to do, any thing which is within the power of the scheme administrator or compliance body.
Any determination or notice required to be served on a responsible undertaking, may be served by—
(a) delivering or sending it to, or leaving it at—
(i) the responsible undertaking's registered office (where applicable),
(ii) the responsible undertaking's principal place of activity, or
(iii) another address in the United Kingdom specified by the responsible undertaking as its address for service, or
(b) sending it by electronic means to the email address provided by the responsible undertaking pursuant to regulation 29(1)(a) and the second row of Table A in Schedule 3.
(1) This Part applies where a relevant undertaking is—
(a) a dominant beneficiary,
(b) a trustee,
(c) an AIFM, or
(d) an operator
in relation to a relevant trust on the qualification date for a compliance period.
(2) A relevant trust exists where—
(a) one or more trustees hold one or more assets (“relevant trust assets”) on trust for the benefit of one or more beneficiaries, and
(b) one or more relevant undertakings, at least one of which is a relevant undertaking mentioned in paragraph (1), agrees with a person (“S”) that S will supply energy to the relevant trust asset, and the trust asset is supplied with energy further to that agreement.
(3) For the purposes of this Part—
(a) “AIFM” has the meaning given in regulation 4 of the Alternative Investment Fund Managers Regulations 2013 ,
(b) “dominant beneficiary” means a beneficiary that is entitled to more than half of the assets of the relevant trust,
(c) “operator” means a person with permission under Part 4A of the Financial Services and Markets Act 2000 to carry on a regulated activity, and
(d) “regulated activity” has the meaning given in section 22 of the Financial Services and Markets Act 2000 .
53 Participants and responsible undertakings in relation to relevant trust assets
(1) Subject to paragraph (5), where the dominant beneficiary enters into the agreement referred to in regulation 52(2)(b), the relevant trust asset is an asset held by the dominant beneficiary for the purposes of these Regulations.
(2) Where the AIFM or the operator enters into the agreement referred to in regulation 52(2)(b), the AIFM or the operator (as the case may be) is required to comply with the Scheme on its own behalf in relation to the energy consumption of the relevant trust asset.
(3) Where a trustee enters into the agreement referred to in regulation 52(2)(b) and there is an AIFM or an operator in relation to the relevant trust, the AIFM or the operator (as the case may be) is required to comply with the Scheme on its own behalf in relation to the energy consumption of the relevant trust asset.
(4) Subject to paragraph (5), where a trustee enters into the agreement referred to in regulation 52(2)(b) and there is no AIFM or operator in relation to the relevant trust, the trustee is required to comply with the Scheme on its own behalf in relation to the energy consumption of the relevant trust asset.
(5) Subject to paragraph (7) in any case where paragraph (1) or (4) apply, the dominant beneficiary or the trustee (as the case may be) may enter into an agreement with another undertaking (“U”) to the effect that U is required to comply with the Scheme on its own behalf in relation to the energy consumption of the relevant trust asset,
(6) In any case where two or more relevant undertakings mentioned in regulation 52(1) enter the agreement mentioned in regulation 52(2)(b), they must agree which of them is required to comply with the Scheme in relation to the energy consumption of the relevant trust asset.
(7) An agreement referred to in paragraph (5) or paragraph (6) must be made in writing between the responsible officers of the undertakings.
(8) In the circumstances set out in paragraphs (2), (3), (4) and (5) these Regulations apply with the modifications set out in Schedule 5.
Regulation 15(2)
Large undertakings, and small or medium undertakings
1 In these Regulations—
(a) a “large undertaking” means an undertaking which either—
(i) employs at least 250 persons, or
(ii) has an annual turnover in excess of amount A and an annual balance sheet total in excess of amount B, and
(b) a “small or medium undertaking” means an undertaking which employs fewer than 250 persons and either—
(i) has an annual turnover not exceeding amount A, or
(ii) has an annual balance sheet total not exceeding amount B
determined in accordance with this Schedule.
1A In paragraph 1—
“amount A” means—
where the qualification date is before IP completion day, 50 million euro;
where the qualification date is on or after IP completion day, £44 million;
“amount B” means—
where the qualification date is before IP completion day, 43 million euro;
where the qualification date is on or after IP completion day, £38 million.
Financial thresholds
2 The annual turnover, and the annual balance sheet total, of an undertaking must be determined as follows.
3 Any conversion into euro of the annual turnover or the annual balance sheet total for the purposes of paragraph 1, must be calculated on the basis of the currency conversion rate applicable on the qualification date for the compliance period.
3A. Paragraph 3 does not apply in respect of a qualification date on or after IP completion day.
4 In this Schedule “turnover” has the meaning given in section 474(1) of the Companies Act 2006 with the modification that for “company” there is substituted “ undertaking ”.
5 In relation to an undertaking the directors of which are required to prepare accounts under section 394 of the Companies Act 2006 (duty to prepare individual accounts)—
(a) the annual turnover and the annual balance sheet total for that undertaking are the annual turnover and annual balance sheet total recorded in those accounts for the financial year ending on, or in the 12 months immediately preceding, the qualification date, or
(b) where those accounts are not based on an accounting period of 12 months in accordance with sub-paragraph (a), a calculation of the annual turnover for a 12 month period, on a pro-rata basis.
6 In relation to an undertaking the directors of which are not required to prepare accounts under section 394 of the Companies Act 2006, and have prepared accounts which comply with section 395 of that Act (Individual Accounts: applicable accounting framework), the annual turnover and the annual balance sheet total for that undertaking are—
(a) the annual turnover and annual balance sheet total recorded in those accounts for the financial year ending on, or in the 12 months immediately preceding, the qualification date, or
(b) where those accounts are based on an accounting period of other than 12 months in accordance with sub-paragraph (a), a calculation of the annual turnover for a 12 month period, on a pro-rata basis.
7 In relation to an undertaking where individual accounts are not required under the Companies Act 2006, unless the undertaking is a relevant undertaking falling within regulation 15(1)(b), a responsible officer of the undertaking must estimate the annual turnover and annual balance sheet total for the undertaking for a 12 month period including the qualification date.
Employee threshold
8 The number of persons employed by an undertaking must be determined as follows.
9 For the purposes of this Schedule, a person is employed by an undertaking if they are—
(a) an employee of the undertaking,
(b) an owner manager of the undertaking,
(c) a partner in the undertaking.
10 The number of persons employed by an undertaking on the qualification date is the total of the number of persons employed by the undertaking in each of the months in the accounting period used to calculate the undertaking's annual turnover and balance sheet total, divided by the number of months in that period.
Change of status
11 Where, in any accounting period, an undertaking is a large undertaking (or a small or medium undertaking, as the case may be), it retains that status until it falls within the definition of a small or medium undertaking (or a large undertaking, as the case may be) for two consecutive accounting periods.
Regulation 17(1)(b)
Aggregation
1 Subject to paragraphs 3 and 4, two or more highest parent groups may comply with the Scheme as one participant.
2 Where paragraph 1 applies, all the highest parents in those highest parent groups must agree in writing which of them is to be the responsible undertaking in relation to the participant's compliance with the Scheme and, in the absence of such agreement, each highest parent is the responsible undertaking in relation to the compliance of its highest parent group.
Disaggregation
3 Subject to paragraph 4, the relevant undertakings comprising a highest parent group may comply with the Scheme—
(a) as individual participants,
(b) as two or more participants,
(c) by a combination of sub-paragraphs (a) and (b)
provided every undertaking comprising the highest parent group complies with the Scheme.
4 An undertaking may only comply with the Scheme other than as a member of the highest parent group where that is agreed in writing by the undertaking and the highest parent.
5 Where an undertaking complies as an individual participant in accordance with paragraph 3(a) or (c), it is the responsible undertaking in relation to its compliance with the Scheme.
6 Where two or more undertakings comply as one participant in accordance with paragraph 3(b) or 3(c), those undertakings must agree in writing which of them is to be the responsible undertaking in relation to their compliance with the Scheme, and in the absence of such agreement, each undertaking is responsible for its own compliance with the Scheme.
Change of group
7 Any undertaking which is a member of a highest parent group, or of a participant formed in accordance with paragraph 3(b) or (c), on the qualification date, and ceases to be part of that group or participant before the compliance date—
(a) may agree in writing with the highest parent that it will comply with the Scheme as if it were still a member of that group or participant,
(b) may agree in writing with the highest parent of another highest parent group that it will comply with the Scheme as a member of that group, or
(c) in the absence of an agreement made in accordance with sub-paragraph (a) or (b), must comply with the Scheme on its own behalf.
7A Any undertaking which is a member of a highest parent group, or of a participant formed in accordance with paragraph 3(b) or (c), on the compliance date, and ceases to be part of that group or participant before the last date by which an ESOS action plan is required to be notified under regulation 34A(6)—
(a) may agree in writing with the highest parent that it will comply with regulations 34A and 34B as if it were still a member of that group or participant,
(b) may agree in writing with the highest parent of another highest parent group that it will comply with regulations 34A and 34B as a member of that group, or
(c) in the absence of an agreement made in accordance with sub-paragraph (a) or (b), must—
(i) comply with regulations 34A and 34B on its own behalf, and
(ii) be the responsible undertaking in relation to its compliance with those regulations.
7B Any undertaking which is a member of a highest parent group, or of a participant formed in accordance with paragraph 3(b) or (c), on the last date by which an ESOS action plan is required to be notified under regulation 34A(6), and ceases to be part of that group or participant before the last date by which an ESOS progress update is required to be notified under regulation 34B(6)—
(a) may agree in writing with the highest parent that it will comply with regulation 34B as if it were still a member of that group or participant,
(b) may agree in writing with the highest parent of another highest parent group that it will comply with regulation 34B as a member of that group, or
(c) in the absence of an agreement made in accordance with sub-paragraph (a) or (b),, must—
(i) comply with regulation 34B on its own behalf, and
(ii) be the responsible undertaking in relation to its compliance with that regulation.
8 Where paragraph 7(a) or (b) applies, the undertaking must use the same reference period as the relevant participant.
9 Where paragraph 7(c) applies, the undertaking is the responsible undertaking in relation to its compliance with the Scheme.
Compliance of franchise undertakings as a group
10 Subject to paragraph 11, two or more franchise undertakings may comply with the Scheme as one participant.
11 Where paragraph 10 applies, those franchise undertakings must agree in writing that they will comply with the Scheme as one participant, and which of them is to be the responsible undertaking in relation to their compliance.
12 In these Regulations—
(a) a “franchise agreement” exists where one undertaking (“the franchisee”) and another undertaking (“the franchisor”) agree that—
(i) the franchisee carries on a business activity which is the sale or distribution of goods or the provision of services (the “franchise business”),
(ii) the franchise business is carried on under a name which the franchisor provides to the franchisee,
(iii) the premises where the franchise business is carried on are used exclusively for that business by the franchisee, and
(iv) those premises have an internal or external appearance agreed by the franchisor and that appearance is similar to that of other premises in respect of which the franchisor has entered into a franchise agreement,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a “franchise undertaking” means the franchisor, and any franchisee, that are party to a franchise agreement,
(d) a franchise agreement does not exist where the franchisee and the franchisor are group undertakings in relation to each other.
Determinations
13 (1) A compliance body may determine whether or not a relevant undertaking is a member of a participant.
(2) A determination under sub-paragraph (1) must be made in writing and include information about appeals under Part 9 of these Regulations and, within 10 days of making the determination, be served on the relevant undertakings the compliance body considers are affected by it.
Schedule 3 Information to be included in ESOS report, to be notified to scheme administrator and to be published by scheme administrator
Regulations 10, 27A and 29
Table A Information in relation to responsible undertaking
Information in relation to responsible undertaking | Column 1 - to be included in ESOS report under regulation 27A(4) | Column 2 - to be notified to the scheme administrator under regulation 29 | Column 3 - to be published by the scheme administrator under regulation 10
name | yes | yes | yes
email address and telephone number | no | yes | no
registered office (where applicable) | no | yes | yes
principal place of activity, where the responsible undertaking has no registered office | no | yes | yes
company registration number (where applicable) | no | yes | yes
trading or other name by which the responsible undertaking is commonly known (where applicable) | no | yes | yes
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 | no | yes | no
where the responsible undertaking has a parent undertaking to which these Regulations do not extend (the “global parent”), the name of the global parent, and the trading or other name of the group of undertakings of which the global parent is the parent | no | yes | yes
standard industrial classification code ... of the responsible undertaking and (where different) of other relevant undertakings where complying as one participant | no | yes | yes
reasons for classification of the responsible undertaking as a large undertaking, or small or medium undertaking as determined in accordance with Schedule 1 | no | yes | yes
where applicable, the name and company registration number of the highest parent (insofar as those details are different to those of the responsible undertaking) | yes | yes | yes
Table B Information in relation to the participant where the responsible undertaking is one of two or more relevant undertakings complying with the Scheme as one participant
Information in relation to the participant | Column 1 - to be included in ESOS report under regulation 27A(4) | Column 2 - to be notified to the scheme administrator under regulation 29 | Column 3 - to be published by the scheme administrator under regulation 10
the number of relevant undertakings comprising the participant | yes | yes | yes
the names and companies house registration numbers (where applicable) of the relevant undertakings comprising the participant | no | yes | >yes
where paragraph 1 of Schedule 2 applies, the fact that an agreement under paragraph 2 of Schedule 2 has been made, and the names of the relevant highest parents | no | yes | yes
the name of any relevant undertaking that has ceased to be part of the participant since the qualification date by virtue of paragraph 3 or 7 of Schedule 2 | no | yes | yes
... information setting out the relationship between the relevant undertakings complying with the Scheme as one participant, including the responsible undertaking, any franchisees, any relevant undertaking that has ceased to be part of the participant since the qualification date by virtue of paragraph 3 or 7 of Schedule 2 and any parent undertaking of the responsible undertaking to which these Regulations do not extend | yes | yes | yes
where applicable, confirmation of whether the responsible undertaking’s highest parent is one of the relevant undertakings comprising the participant, where the responsible undertaking is not the highest parent. | yes | yes | no
Table C Information in relation to the responsible officer
Information in relation to the responsible officer | Column 1 - to be included in ESOS report under regulation 27A(4) | Column 2 - to be notified to the scheme administrator under regulation 29 | Column 3 - to be published by the scheme administrator under regulation 10
name | yes | yes | no
full title or position in the participant or relevant undertaking | yes | yes | yes
contact details | no | yes | no
date on which the responsible officer considered the recommendations of the audit in accordance with regulation 31(b) | no | yes | yes
Table D Information in relation to lead assessor where one is required under regulation 21
Information in relation to lead assessor | Column 1 - to be included in ESOS report under regulation 27A(4) | Column 2 - to be notified to the scheme administrator under regulation 29 | Column 3 - to be published by the scheme administrator under regulation 10
name | yes | yes | no
the approved register | yes | yes | yes
whether the lead assessor is employed by the participant or by an undertaking which is a group undertaking in respect of the participant | no | yes | yes
Table E Information in relation to all other people who have carried out a significant proportion of site visits or data gathering for the energy audit, or drafted significant parts of the ESOS report
Information in relation to a specified person | Column 1 - to be included in ESOS report under regulation 27A(4) | Column 2 - to be notified to the scheme administrator under regulation 29 | Column 3 - to be published by the scheme administrator under regulation 10
name of each natural person who has carried out a significant proportion of the site visits required by regulation 26(3A), gathered a significant amount of the data used for carrying out the energy audit, or drafted significant parts of the ESOS report (a “specified person”) | yes, where recorded | yes, where recorded | no
whether the specified person is employed by the participant, or an undertaking which is a group undertaking in respect of the participant | no | yes, where recorded | no
Table F Information in relation to the ESOS assessment
Information in relation to the ESOS assessment | Column 1 - intentionally left blank | Column 2 - to be notified to the scheme administrator under regulation 29 | Column 3 - to be published by the scheme administrator under regulation 10
whether, and if so to what extent, the participant has relied on Part 6 in complying with the Scheme | - | yes | yes
details of estimates produced in accordance with Part 4 and required to be notified under regulation 21A | - | yes | yes
details of site visits required to be recorded under regulation 26(9)(d), (e) and (f). | - | yes | yes
where applicable, that the energy audit does not include an analysis based on energy consumption profiles (as defined in accordance with regulation 27(3)) | - | yes | no
where applicable, information relating to non-disclosure of information to a group undertaking as specified in regulation 27C(3)(b) | - | yes | no
where applicable, details of the extent to which and the reasons why 12 months’ verifiable data was not used as required to be recorded under regulation 26(9)(g) | - | yes | no
Table G Information related to the participant’s energy consumption
Information related to the participant’s energy consumption | Column 1 - intentionally left blank | Column 2 - to be notified to the scheme administrator under regulation 29 | Column 3 - to be published by the scheme administrator under regulation 10
the participant’s total energy consumption in kWh calculated in accordance with Chapter 2 of Part 4 | - | yes | yes
the amount of the participant’s total energy consumption that is attributable to each organisational purpose as calculated in accordance with regulation 25B(1)(b) | - | yes | yes
where applicable, the participant’s significant energy consumption in kWh | - | yes | yes
where applicable, the amount of the participant’s significant energy consumption in kWh that is attributable to each organisational purpose as calculated in accordance with regulation 25B(1)(a) | - | yes | yes
where applicable, the percentage of the participant’s total energy consumption that is accounted for by the participant’s areas of significant energy consumption | - | yes | yes
the energy intensity ratios calculated in accordance with regulation 25C | - | yes | yes
Table H Information related to energy saving opportunities identified through an energy audit in accordance with regulation 26
Information related to energy saving opportunities | Column 1 - intentionally left blank | Column 2 - to be notified to the scheme administrator under regulation 29 | Column 3 - to be published by the scheme administrator under regulation 10
the sum of all the estimates made in accordance with regulation 27(1)(d)(vi) (annual reductions in energy spend and energy consumption). | - | yes | yes
for each organisational purpose, 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)(i) as most closely relating to that organisational purpose | - | yes | no
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 | - | yes | no
. . . | . . . | . . . | . . .
. . . | . . . | . . . | . . .
Table I Information relating to compliance with the Scheme under regulation 33(2)
Information | Column 1 - intentionally left blank | Column 2 - to be notified to the scheme administrator under regulation 29(ab) | Column 3 - to be published by the scheme administrator under regulation 10
... the details specified in regulation 27A(7)(a) and (c) | - | yes | yes
. . . | . . . | . . . | . . .
. . . | . . . | . . . | . . .
. . . | . . . | . . . | . . .
for each organisational purpose the sum of the estimates made in accordance with regulation 27A(7)(e)(ii) in respect of any energy saving measures that are identified in accordance with regulation 27A(7)(e)(i) as most closely relating to that organisational purpose | - | yes | no
the sum of the estimates made in accordance with regulation 27A(7)(e)(ii) in respect of all the energy saving measures identified in accordance with regulation 27A(7)(d) | - | yes | yes
for each energy saving category, the sum of the estimates made in accordance with regulation 27A(7)(e)(ii) in respect of any energy saving measures that are identified in accordance with regulation 27A(7)(e)(i) as most closely relating to that energy saving category | - | yes | no
the certificate number and validity dates of the participant’s ISO 50001 certificate. | - | yes | no
Table J Information in relation to energy savings since the previous compliance date
Information | Column 1 - intentionally left blank | Column 2 - to be notified to the scheme administrator under regulation 29 | Column 3 - to be published by the scheme administrator under regulation 10
the estimate of energy savings achieved, in kWh, as produced in accordance with regulation 27D(1) | - | yes | yes
the estimates of the proportion of the energy savings that relate to each organisational purpose, in accordance with regulation 27D(2)(a) | - | yes | no
the measures implemented by the participant to achieve the energy savings, identified in accordance with regulation 27D(2)(b) | - | yes | no
in respect of any energy saving opportunities that are identified, the energy saving category to which the measure most closely relates, in accordance with regulation 27D(2)(c)(i) | - | yes | no
in respect of any measures implemented by the participant to achieve energy savings, an estimate of the energy savings achieved, in kWh, in accordance with regulation 27D(2)(c)(ii) | - | yes | no
where applicable, any measures recorded in the current ESOS action plan which have not been implemented, in accordance with regulation 27E(2)(a) | - | yes | no
where applicable, the explanation of why any measures recorded in the current ESOS action plan have not been implemented, in accordance with regulation 27E(2)(b). | - | yes | no
where applicable, confirmation that none of the relevant undertakings comprising the participant which were required to produce a current ESOS action plan did so, in accordance with regulation 27E(2)(c). | - | yes | no
Table K Information relating to compliance with the Scheme under regulation 33(3)
Information | Column 1 - intentionally left blank | Column 2 - to be notified to the scheme administrator under regulation 29(1)(ad) | Column 3 - to be published by the scheme administrator under regulation 10
confirmation that all of the participant’s total energy consumption or significant energy consumption falls under a certified energy management system | - | yes | no
the certificate number and validity dates of the participant’s ISO 50001 certificate | - | yes | no
information on which assets held, or activities carried on by the participant which fall under the certified energy management system | - | yes | no
the percentage of the participant’s total energy consumption that falls within the certified energy management system | - | yes | no
to the extent that the participant has obtained the information through its method of deemed compliance with Chapter 3 of Part 4, for each organisational purpose the sum of the estimates made in relation to the estimated annual reduction in energy spend and energy consumption, as most closely relating to that organisational purpose | - | yes | no
to the extent that the participant has obtained the information through its method of deemed compliance with Chapter 3 of Part 4, the sum of the estimates made regarding estimated annual reduction in energy spend and energy consumption, in respect of all the energy saving measures identified | - | yes | no
to the extent that the participant has obtained the information through its method of deemed compliance with Chapter 3 of Part 4, for each energy saving category, the sum of the estimates made regarding estimated annual reduction in energy spend and energy consumption, in respect of any energy saving measures as most closely relating to that energy saving category. | - | yes | no
Regulation 48(5)
PART 1 Procedure for appeals against determinations made, and enforcement and penalty notices issued, by the Scottish Environment Protection Agency
1 This Part applies to appeals against determinations made, and enforcement and penalty notices issued, by the Scottish Environment Protection Agency.
2 The Scottish Ministers must appoint an independent person to hear appeals on behalf of the appeal body.
3 A person who wishes to appeal to the Scottish Ministers under regulation 48(1) must give them written notice of the appeal together with a statement of the grounds of appeal.
4 The Scottish Ministers must as soon as is reasonably practicable send a copy of that notice and statement to the Scottish Environment Protection Agency.
5 An appellant may withdraw an appeal by notifying the Scottish Ministers who must, as soon as is reasonably practicable, notify the Scottish Environment Protection Agency accordingly.
6 Notice of appeal in accordance with paragraph 3 is to be given before the expiry of the period of 28 days (or where that period expires on a day other than a working day, by no later than the next working day) after the date of the determination, or the date of service of the enforcement notice or penalty notice (as the case may be).
7 The standard of proof to be applied by the Scottish Ministers in determining an appeal is proof on the balance on probabilities.
PART 2 Procedure for appeals against determinations made, and enforcement and penalty notices issued, by the Chief Inspector
8 This Part applies to appeals against determinations made, and enforcement and penalty notices issued, by the Chief Inspector.
9 A person who wishes to appeal to the Planning Appeals Commission under regulation 48(1) must give them written notice of the appeal together with a statement of the grounds of appeal.
10 The Planning Appeals Commission must as soon as is reasonably practicable send a copy of that notice and statement to the Chief Inspector.
11 An appellant may withdraw an appeal by notifying the Planning Appeals Commission who must, as soon as is reasonably practicable, notify the Chief Inspector accordingly.
12 Notice of appeal in accordance with paragraph 9 is to be given before the expiry of the period of 28 ...days (or where that period expires on a day other than a working day, by no later than the next working day) after the date of the determination, or the date of service of the enforcement notice or penalty notice (as the case may be).
13 The Planning Appeals Commission must determine the appeal and paragraphs (1) and (3) of Article 111 of the Planning (Northern Ireland) Order 1991 apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.
14 The Planning Appeals Commission must determine the process for determining appeals taking into account any requests of the appellant or the Chief Inspector.
15 An appeal under this Part must be accompanied by a fee and Article 127(2)(b) of the Planning (Northern Ireland) Order 1991 has effect as if the reference to an appeal under that Order included a reference to an appeal under these Regulations.
16 The standard of proof to be applied by the Planning Appeals Commission in determining an appeal is proof on the balance on probabilities.
SCHEDULE 5 Modification of the application of these Regulations in relation to certain relevant trust assets
Regulation 53(8)
1 (1) Part 3 applies with the following modifications.
(2) Regulations 17, 18, and 19, and Schedule 2, do not apply, and instead the “participant” and the “responsible undertaking” in relation to relevant trust assets—
(a) mean the undertaking which is required to comply with the Scheme in relation to those relevant trust assets, determined in accordance with regulation 53(2), (3), (4), (5) or (6),
(b) where they are the participant and the responsible undertaking in relation to the relevant trust assets of two or more relevant trusts, must comply with the Scheme as a separate participant and responsible undertaking in relation to each relevant trust,
(c) where they are also a participant or a responsible undertaking by virtue of regulations 17, 18 and 19, must comply with the Scheme as a separate participant or responsible undertaking (as the case may be) in accordance with those regulations.
2 (1) Part 4 applies with the following modifications.
(2) In regulation 21(1)(b) for “participant” there is substituted “ relevant trust asset ”.
(2A) In regulation 21(3) for “participant” there is substituted “relevant trust asset”.
(3) Regulation 22(1) to (3) does not apply and instead the responsible undertaking must, unless regulation 33(3) applies—
(a) subject to sub-paragraph (4), calculate the total energy consumption of all relevant trust assets held in the relevant trust on the qualification date for that compliance period, and
(b) base that calculation on the energy consumption of the relevant trust assets during the reference period.
(4) The responsible undertaking may elect to exclude from the calculation referred to in sub-paragraph (3) any relevant trust asset which is no longer held in the relevant trust on the compliance date.
(5) Regulation 23(1) and (2) does not apply and instead—
(a) the “energy consumption” of a relevant trust asset means energy that is supplied to, and consumed by, the relevant trust asset, but excluding any energy which is supplied from the relevant trust asset to another person,
(b) for the purposes of paragraph (a)—
(i) energy is supplied to a relevant trust asset when it is supplied pursuant to the agreement referred to in regulation 52(2)(b), or the relevant trust asset supplies energy, other than surplus heat, to itself,
(ii) energy is supplied from a relevant trust asset to another person (“R”) where the relevant undertaking that entered the agreement referred to in regulation 52(2)(b) agrees with R that it will supply energy to R, and R is supplied with energy further to that agreement,
and the amount of the supply is measured.
(6) In regulation 23(4) and (6)(a) for “participant”, wherever it appears, there is substituted “ relevant trust asset ”.
(7) In regulation 24—
(a) paragraph (1) does not apply,
(b) in paragraph (3) for “the energy consumption of a participant” there is substituted “ the energy consumption of relevant trust assets ”.
(8) Regulation 25 does not apply and instead—
(a) after calculating the total energy consumption of the relevant trust assets, the responsible undertaking may elect to identify the relevant trust assets' areas of significant energy consumption for the purposes of Chapter 3 of Part 4, and
(b) the “areas of significant energy consumption” of relevant trust assets means those relevant trust assets held by the relevant trust which together account for not less than 95% of the total energy consumption—
(i) measured in energy measurement units, or
(ii) measured by energy spend.
(8A) Regulation 25A applies with the modifications that any reference to the energy consumption, the total energy consumption, or the areas of significant energy consumption, of a participant is to be read as if it were a reference to the energy consumption, the total energy consumption, or the areas of significant energy consumption (as the case may be) of the relevant trust asset.
(8B) Regulation 25B applies with the modifications that any reference to the energy consumption, the total energy consumption, or the areas of significant energy consumption, of a participant is to be read as if it were a reference to the energy consumption, the total energy consumption, or the areas of significant energy consumption (as the case may be) of the relevant trust asset.
(8C) Regulation 25C applies with the modifications that any reference to the areas of significant energy consumption, or the total energy consumption, of a participant is to be read as if it were a reference to the areas of significant energy consumption or the total energy consumption (as the case may be) of the relevant trust asset.
(9) Regulation 26 applies with the modifications that any reference to the energy consumption, or the total energy consumption, of a participant is to be read as if it were a reference to the energy consumption or, the total energy consumption (as the case may be) of the relevant trust assets.
(10) Regulation 27 applies with the modifications that—
(a) in paragraph (1)(a) for the words “participant's energy consumption and energy efficiency” there is substituted “ energy consumption and energy efficiency of the relevant trust assets ”,
(b) for paragraph (1)(b) there is substituted “ identify any way in which the relevant undertaking that entered the agreement referred to in regulation 52(2)(b) can improve the energy efficiency of the relevant trust asset, ”,
(c) in paragraph (1)(c) for “the participant” there is substituted “ that relevant undertaking ”,
(ca) in paragraph (1)(d)(iii)(aa) for “used by the participant” there is substituted “used by or that constitutes the relevant trust asset”,
(d) in paragraph (3)(a) for the words “by activities carried on, and assets held, by the participant” there is substituted “ by the relevant trust asset ”.
(10A) Regulation 27A applies with the modifications that any reference to the total energy consumption or significant energy consumption of the participant is to be read as if it were a reference to the total energy consumption or significant energy consumption (as the case may be) of the relevant trust asset.
(10B) Regulation 27D applies with the modifications that any reference to the energy savings, or the estimated energy savings of the participant is to be read as if it were a reference to the energy savings, or the estimated energy savings (as the case may be) of the relevant trust asset.
(10C) Regulation 27C applies with the modifications that any reference to the energy consumption of the participant is to be read as if it were a reference to the energy consumption of the relevant trust asset.
(10D) Regulation 27E applies with the modifications that any reference to the energy savings of the participant is to be read as if it were a reference to the energy savings of the relevant trust asset.
(11) In regulation 28 for paragraph (1)(c) there is substituted “ any agreement made under regulation 53(5) or (6), ”.
3 (1) Part 6 applies with the following modifications.
(2) In regulation 32 for “an undertaking” there is substituted “ a relevant trust asset ”.
(3) In regulation 33—
(a) in paragraph (1) for the words “a participant's energy management system” there is substituted “ an energy management system in relation to the relevant trust asset ”,
(b) in paragraph (2) for the words “its energy consumption” there is substituted “ the energy consumption of the relevant trust asset ”,
(ba) in paragraph (2A) for “participant’s” there is substituted “the relevant trust asset’s”,
(c) in paragraph (3) for “a participant” there is substituted “ a relevant trust asset ”.
(3A) In regulation 33A—
(a) in paragraph (1) for “participant’s” there is substituted “relevant trust asset’s”,
(b) in paragraph (2) for “participant” there is substituted “relevant trust asset”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 (1) Part 6A applies with the following modifications—
(a) regulation 34A applies with the modification that any reference to “participant” should be read as a reference to relevant trust asset;
(b) regulation 34B applies with the modification that any reference to “participant” should be read as a reference to relevant trust asset.
5 (1) Schedule 3 applies with the following modifications—
(a) in Tables A to K for “the participant” there is substituted “the relevant trust asset”;
(b) Table G applies with the modification that any reference to the participant’s energy consumption, total energy consumption, significant energy consumption or areas of significant energy consumption is to be read as a reference to the energy consumption, total energy consumption, significant energy consumption or areas of significant energy consumption (as the case may be) of the relevant trust asset;
(c) Table I applies with the modification that the reference to the participant’s ISO 50001 certificate is to be read as a reference to the ISO 50001 certificate of the relevant trust asset;
(d) Table K applies with the modification that any reference to the participant’s total energy consumption is to be read as a reference to the total energy consumption of the relevant trust asset.