Part 11Energy Savings Opportunity Schemes

Establishment and application of schemes

I1254Energy savings opportunity schemes

1

The Secretary of State may by regulations (“ESOS regulations”) make provision for the establishment and operation of one or more energy savings opportunity schemes.

2

An “energy savings opportunity scheme” is a scheme under which obligations are imposed on undertakings to which the scheme applies for one or more of the ESOS purposes.

3

The ESOS purposes are—

a

enabling or requiring the energy consumption for which an undertaking is responsible, or the greenhouse gas emissions resulting from that consumption, to be assessed, audited, reported and published;

b

enabling or requiring possible energy savings or emissions reductions to be identified and recommended;

c

enabling or requiring the costs and benefits of possible energy savings or emissions reductions to be assessed;

d

encouraging or requiring undertakings to produce plans or set targets for achieving energy savings or emissions reductions;

e

encouraging or requiring undertakings to take action for the purpose of achieving energy savings or emissions reductions;

f

encouraging or requiring undertakings to achieve energy savings or emissions reductions.

4

An energy saving is a reduction in the energy consumption for which an undertaking is responsible.

5

An emissions reduction is a reduction in the greenhouse gas emissions that result from the energy consumption for which an undertaking is responsible (whether or not that consumption is also reduced).

6

ESOS regulations may make provision about determining—

a

the energy consumption for which an undertaking is responsible;

b

the greenhouse gas emissions resulting from that consumption.

7

ESOS regulations may—

a

impose requirements on any person;

b

confer functions on any person;

c

provide for a person to exercise discretion in dealing with any matter.

8

The provision made by this Part is without prejudice to the generality of subsection (1).

9

For the purposes of this Part—

a

the scheme established by the Energy Savings Opportunity Scheme Regulations 2014 (S.I. 2014/1643) is to be treated as having been established by provision made under subsection (1);

b

a reference to a scheme administrator includes a reference to a compliance body within the meaning given by those Regulations.