The Energy Savings Opportunity Scheme Regulations 2014

PART 3 U.K. Undertakings

CHAPTER 1 U.K. Relevant undertakings

Relevant undertakings U.K.

15.—(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.

Excluded undertakings U.K.

16.—(1) The following are not relevant undertakings—

(a) a public body,

(b) an undertaking to which an insolvency procedure is applied.

(2) In this regulation—

(a) an insolvency procedure is applied to an undertaking in the circumstances described by paragraph 120(7) of Schedule 6 to the Finance Act 2000 M1 ,

(b) “public body” means—

(i) in relation to bodies in England, Wales and Northern Ireland, [F1 a ‘contracting authority’ as defined in regulation 3 of the Public Contracts Regulations 2006]M2 [F1 any of the “contracting authorities” as defined in regulation 2(1) of the Public Contracts Regulations 2015] ,

(ii) in relation to bodies in Scotland, a ‘contracting authority’ as defined in [F2 regulation 3 of the Public Contracts (Scotland) Regulations 2012]M3 [F2 regulation 2(1) of the Public Contracts (Scotland) Regulations 2015] .

Textual Amendments

F1 Words in reg. 16(2)(b)(i) substituted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 26

F2 Words in reg. 16(2)(b)(ii) substituted (S.) (18.4.2016) by The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), reg. 1(2), sch. 6 para. 11(2) (with regs. 3-18, 99-101)

Marginal Citations

M1 2000 c. 17. Paragraph 120(9) defines certain terms used in paragraph 120(7); both are amended by paragraph 33 of Part 1 of Schedule 1 to S.I. 2003/2096.

M2 S.I. 2006/5; relevant amending instruments are S.I. 2007/3542, 2008/2683, 2008/2848, 2009/1307, 2010/976, 2011/2053, 2011/2581, 2011/3058 and 2013/252 and 2014/834, S.R & O. (NI) 2010 No 133; also amended by section 1 of the Crofting Reform (Scotland) Act 2010 asp 14 and Schedule 20 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

M3 S.S.I. 2012/88, relevant amending instruments are S.S.I. 2012/108 and S.I. 2013/252.

Participants U.K.

17.—(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 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 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.

CHAPTER 2 U.K. Responsible undertakings

Role of the responsible undertaking U.K.

18.  The “ 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.

Determination of the responsible undertaking U.K.

19.—(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 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 and 11 of Schedule 2 must be made between the responsible officers of the relevant undertakings.