Energy Act 2023

261 Enforcement, penalties and offences

(1) ESOS regulations may authorise a scheme administrator—

(a) to require the production of documents or the provision of information by any person;

(b) to question the officers of an undertaking;

(c) to enter premises with a warrant;

(d) to inspect premises and anything on premises and when doing so—

(i) to take measurements, photographs, recordings or copies;

(ii) to seize documents or records;

(iii) to require any person at the premises to provide facilities and assistance to the extent that is within that person’s control;

(e) to issue a notice requiring a participant to take steps specified in the notice for the purpose of—

(i) demonstrating compliance with requirements imposed by or under ESOS regulations, or

(ii) remedying a failure to comply with such requirements.

(2) ESOS regulations may make provision requiring a participant to give notice to a scheme administrator where the participant is unlikely to comply, or has failed to comply, with a requirement imposed by or under the regulations.

(3) ESOS regulations may provide that a person is liable to one or more penalties in respect of—

(a) a failure to comply with a requirement imposed on the person by or under the regulations;

(b) making a false or misleading statement in connection with an energy savings opportunity scheme.

(4) The provision that may be made by virtue of subsection (3) includes provision—

(a) for the publication of specified information relating to the failure to comply;

(b) authorising a scheme administrator to impose a financial penalty.

(5) Where by virtue of subsection (3) ESOS regulations provide for the imposition of a financial penalty, the regulations—

(a) must provide for the penalty to be paid to the scheme administrator or such other person as the regulations may specify;

(b) may specify the amount of the penalty or provide for the amount to be determined by the scheme administrator in accordance with the regulations;

(c) may provide for the payment of a further penalty (of an amount specified by or determined in accordance with the regulations) for each day on which the failure to comply is not remedied;

(d) may specify how the penalty may be recovered.

(6) ESOS regulations may create offences relating to energy savings opportunity schemes.

(7) Regulations made by virtue of subsection (6) may provide for an offence created by the regulations to be triable—

(a) only summarily, or

(b) either summarily or on indictment.

(8) Regulations made by virtue of subsection (6) may provide for an offence created by the regulations to be punishable with a fine.

(9) Regulations may—

(a) provide for defences against offences;

(b) make provision about matters of procedure and evidence in proceedings relating to offences;

(c) include provision about the liability of a director, manager, secretary or other officer of a body corporate, or a partner of a Scottish partnership, or of a person purporting to act in such a capacity, where an offence under the regulations—

(i) is committed with the consent or connivance of such a person, or

(ii) is attributable to neglect on the part of such a person.

(10) References in this section to a scheme administrator include references to a person authorised by a scheme administrator in accordance with provision in ESOS regulations made by virtue of section 260(3).