The Energy Savings Opportunity Scheme Regulations 2014

1. Introductory Text

2. PART 1 Introduction

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Duty to review

3. PART 2 The Energy Savings Opportunity Scheme

   1. CHAPTER 1 Scheme compliance periods

      1. 4. Compliance periods

   2. CHAPTER 2 Scheme administration

      1. 5. Scheme administrator

      2. 6. Compliance bodies

      3. 7. Co-operation and sharing of information

      4. 8. Notification System

      5. 9. Provision of information to the Secretary of State

      6. 10. Publication of information

   3. CHAPTER 3 Lead assessors

      1. 11. Lead assessors

      2. 12. Approval bodies and approved registers

      3. 13. Reviews of approval

      4. 14. Appeals

4. PART 3 Undertakings

   1. CHAPTER 1 Relevant undertakings

      1. 15. Relevant undertakings

      2. 16. Excluded undertakings

      3. 17. Participants

   2. CHAPTER 2 Responsible undertakings

      1. 18. Role of the responsible undertaking

      2. 19. Determination of the responsible undertaking

5. PART 4 ESOS Assessments

   1. CHAPTER 1 General

      1. 20. Duty to carry out ESOS assessment

      2. 21. Role of the lead assessor

      3. 21A. Estimates

   2. CHAPTER 2 Energy consumption

      1. 22. Duty to calculate total energy consumption

      2. 23. Energy consumption – general

      3. 24. Energy consumption - transport

      4. 25. Identification of areas of significant energy consumption

      5. 25A. Conversion into kWh units

   3. Chapter 2A Calculations related to organisational purposes

      1. 25B. Amount of energy consumption related to organisational purposes

      2. 25C. Energy Intensity Ratio

   4. CHAPTER 3 Energy savings opportunities

      1. 26. Duty to carry out an energy audit

      2. 27. Identification of energy saving opportunities

   5. Chapter 3A ESOS Report

      1. 27A. ESOS Report

      2. 27B. Energy savings since the previous compliance date

      3. 27C. Disclosure of information to group undertaking

   6. CHAPTER 4 Records

      1. 28. Evidence packs

6. PART 5 Notification and confirmation requirements for ESOS Assessments

   1. 29. Notification of compliance

   2. 30. Responsible officers

   3. 31. Confirmation to be given by responsible officer

7. PART 6 Alternative routes to compliance

   1. 32. Energy consumption not subject to audit

   2. 33. Compliance with ISO 50001

   3. 34. Display Energy Certificates and Green Deal Assessments

8. Part 6A ESOS action plan and ESOS progress update

   1. 34A. ESOS action plan

   2. 34B. ESOS progress update

9. PART 7 Compliance and Enforcement

   1. CHAPTER 1 Monitoring compliance

      1. 35. Compliance notices

      2. 36. Inspection

      3. 37. Other information

   2. CHAPTER 2 Enforcement

      1. 38. Enforcement notices

10. PART 8 Civil penalties and breaches

    1. CHAPTER 1 Civil penalties

       1. 39. Penalty notices

       2. 40. Effect and recovery of financial penalty

       3. 41. Effect of publication penalty

       4. 42. Discretion in waiving, imposition and modification of civil penalties

    2. CHAPTER 2 Breach of Regulations

       1. 43. Failure to notify

       2. 44. Failure to maintain records

       3. 45. Failure to undertake an energy audit

       4. 46. Failure to comply with notice

       5. 47. False or misleading statement

11. PART 9 Appeals and service of documents

    1. 48. Appeals

    2. 49. Effect of an appeal

    3. 50. Determination of an appeal

    4. 51. Service of documents

12. PART 10 Application of these Regulations with modifications to relevant trust assets

    1. 52. Relevant trust assets

    2. 53. Participants and responsible undertakings in relation to relevant trust assets

13. Signature

14. 1. SCHEDULE 1

       Relevant undertakings

       1. 1. Large undertakings, and small or medium undertakings

       2. 1A. In paragraph 1— “ amount A ” means— where the...

       3. 2. Financial thresholds

       4. 3. Any conversion into euro of the annual turnover or the...

       5. 3A. Paragraph 3 does not apply in respect of a qualification...

       6. 4. In this Schedule “turnover” has the meaning given in section...

       7. 5. In relation to an undertaking the directors of which are...

       8. 6. In relation to an undertaking the directors of which are...

       9. 7. In relation to an undertaking where individual accounts are not...

       10. 8. Employee threshold

       11. 9. For the purposes of this Schedule, a person is employed...

       12. 10. The number of persons employed by an undertaking on the...

       13. 11. Change of status

    2. SCHEDULE 2

       Groups of undertakings

       1. 1. Aggregation

       2. 2. Where paragraph 1 applies, all the highest parents in those...

       3. 3. Disaggregation

       4. 4. An undertaking may only comply with the Scheme other than...

       5. 5. Where an undertaking complies as an individual participant in accordance...

       6. 6. Where two or more undertakings comply as one participant in...

       7. 7. Change of group

       8. 7A. Any undertaking which is a member of a highest parent...

       9. 7B. Any undertaking which is a member of a highest parent...

       10. 8. Where paragraph 7(a) or (b) applies, the undertaking must use...

       11. 9. Where paragraph 7(c) applies, the undertaking is the responsible undertaking...

       12. 10. Compliance of franchise undertakings as a group

       13. 11. Where paragraph 10 applies, those franchise undertakings must agree in...

       14. 12. In these Regulations— (a) a “franchise agreement” exists where one...

       15. 13. Determinations

    3. Schedule 3

       Information to be included in ESOS report, to be notified to scheme administrator and to be published by scheme administrator

    4. SCHEDULE 4

       Appeals procedure

       1. PART 1 Procedure for appeals against determinations made, and enforcement and penalty notices issued, by the Scottish Environment Protection Agency

          1. 1. This Part applies to appeals against determinations made, and enforcement...

          2. 2. The Scottish Ministers must appoint an independent person to hear...

          3. 3. A person who wishes to appeal to the Scottish Ministers...

          4. 4. The Scottish Ministers must as soon as is reasonably practicable...

          5. 5. An appellant may withdraw an appeal by notifying the Scottish...

          6. 6. Notice of appeal in accordance with paragraph 3 is to...

          7. 7. The standard of proof to be applied by the Scottish...

       2. PART 2 Procedure for appeals against determinations made, and enforcement and penalty notices issued, by the Chief Inspector

          1. 8. This Part applies to appeals against determinations made, and enforcement...

          2. 9. A person who wishes to appeal to the Planning Appeals...

          3. 10. The Planning Appeals Commission must as soon as is reasonably...

          4. 11. An appellant may withdraw an appeal by notifying the Planning...

          5. 12. Notice of appeal in accordance with paragraph 9 is to...

          6. 13. The Planning Appeals Commission must determine the appeal and paragraphs...

          7. 14. The Planning Appeals Commission must determine the process for determining...

          8. 15. An appeal under this Part must be accompanied by a...

          9. 16. The standard of proof to be applied by the Planning...

    5. SCHEDULE 5

       Modification of the application of these Regulations in relation to certain relevant trust assets

       1. 1. (1) Part 3 applies with the following modifications.

       2. 2. (1) Part 4 applies with the following modifications.

       3. 3. (1) Part 6 applies with the following modifications.

       4. 4. (1) Part 6 applies with the following modifications—

       5. 5. (1) Schedule 3 applies with the following modifications—

15. Explanatory Note