Energy Act 2023

Assessments, energy savings and emissions reductions U.K.

256 Requirement for assessment of energy consumption U.K.

(1) ESOS regulations may require the carrying out of assessments of—

(a) a participant’s energy consumption;

(b) the greenhouse gas emissions resulting from that consumption.

Such an assessment is referred to as an “ESOS assessment”.

(2) The provision that may be made by virtue of subsection (1) includes in particular provision about—

(a) the frequency of ESOS assessments;

(b) the period or periods to which assessments must relate;

(c) how assessments are to be carried out;

(d) the information that must be provided or obtained for the purposes of an assessment;

(e) the matters that must be taken into account in an assessment;

(f) record-keeping in relation to an assessment.

(3) ESOS regulations may make provision requiring an ESOS assessment, or specified parts of an ESOS assessment, to be carried out, approved or audited by a person appointed by a participant (referred to as “an assessor”).

(4) Regulations made by virtue of subsection (1) may include provision enabling or requiring an ESOS assessment to include recommendations relating to energy savings or emissions reductions.

(5) The provision that may be made by virtue of subsection (4) includes in particular provision about—

(a) the matters about which recommendations may, must, or must not be made;

(b) the matters that must be taken into account in making a recommendation;

(c) the carrying out of a cost-benefit analysis before including a recommendation in a report.

(6) “Cost-benefit analysis”, in relation to a recommendation or requirement to take action, means—

(a) an estimate of the likely costs to a participant of acting in accordance with the recommendation or requirement;

(b) an estimate of the energy savings or emissions reductions likely to result from such action;

(c) an analysis of the costs referred to in paragraph (a) together with an analysis of the savings or reductions referred to in paragraph (b) and of any other benefits likely to arise.

(7) ESOS regulations may make provision about the reporting of ESOS assessments, including in particular provision—

(a) about the production of written reports;

(b) about the form and content of such reports;

(c) about the dissemination of such reports within an undertaking and between related undertakings.

(8) ESOS regulations may make provision requiring a participant to notify a scheme administrator of specified matters relating to the participant’s compliance with requirements imposed by virtue of this section and may in particular include provision—

(a) about the procedure for giving such notice;

(b) about the form and content of notices;

(c) about the publication of certain information contained within a notice;

(d) requiring a participant to justify its choice of assessor.

(9) ESOS regulations may provide for any requirement imposed by virtue of subsection (1)—

(a) to be treated as having been complied with by a participant in specified circumstances, or

(b) not to apply to a participant in specified circumstances.

Commencement Information

I1 S. 256 in force at Royal Assent, see s. 334(2)(m)

257 Assessors U.K.

(1) ESOS regulations may confer functions on an assessor in relation to assessing, monitoring and reporting on compliance with requirements imposed by the regulations.

(2) ESOS regulations may provide that a participant may only appoint as an assessor a person of a specified description.

(3) A description may be specified for the purposes of subsection (2) by reference to any criteria, including by reference to—

(a) a person’s competence, qualifications or experience;

(b) a person’s inclusion in a designated list or register;

(c) a person’s membership of a designated body;

(d) a person’s participation in a designated accreditation scheme;

(e) a person’s relationship to a participant.

(4) For the purposes of this section, “designated” means designated by the Secretary of State or a scheme administrator in accordance with ESOS regulations.

(5) A body may only be designated for the purposes of this section if the body is willing to be so designated.

(6) ESOS regulations may make provision about—

(a) the giving of designations for the purposes of subsection (4);

(b) reviewing such designations;

(c) circumstances in which such a designation may be removed;

(d) maintaining and publishing a list of such designations.

(7) ESOS regulations may make provision enabling a list or register of persons who may, or who may not, be appointed as an assessor for the purposes of subsection (2) to be maintained by—

(a) a designated body;

(b) a scheme administrator;

(c) the Secretary of State.

(8) ESOS regulations may confer functions or impose requirements on a person responsible for maintaining a designated list or register and may in particular include provision—

(a) about the process for including a person in a list or register;

(b) about the details to be included in a list or register;

(c) for ensuring those details remain up to date;

(d) about the publication of a list or register;

(e) for the purpose of ensuring that a person included in a list or register continues to meet the criteria for appointment as an assessor;

(f) for the purpose of ensuring the quality of ESOS assessments;

(g) about the temporary or permanent removal of a person from a list or register in specified circumstances.

(9) The regulations may make provision authorising a scheme administrator to share reports, notices or other information relating to an energy savings opportunity scheme with a designated body for the purposes referred to in subsection (8)(e) or (f).

(10) ESOS regulations may make provision—

(a) enabling the Secretary of State or a scheme administrator to give a direction relating to the maintenance of a list or register;

(b) requiring a person responsible for maintaining a list or register to comply with such a direction.

Commencement Information

I2 S. 257 in force at Royal Assent, see s. 334(2)(m)

258 ESOS action plans U.K.

(1) ESOS regulations may require participants to produce ESOS action plans.

(2) An “ESOS action plan” is a written statement of—

(a) any action a participant proposes to take for the purpose of achieving energy savings or emissions reductions;

(b) any energy savings or emissions reductions targets a participant intends to achieve.

(3) Where an ESOS action plan does not include any proposals for taking such action or any such targets, provision made by virtue of subsection (1) may require that a participant include an explanation in the plan.

(4) ESOS regulations may make provision about the production of ESOS action plans, including in particular provision about—

(a) when a participant must produce a plan;

(b) the period to which a plan must relate;

(c) the form and content of a plan;

(d) the matters that must be taken into account in producing a plan.

(5) ESOS regulations may make provision about the publication of ESOS action plans.

Commencement Information

I3 S. 258 in force at Royal Assent, see s. 334(2)(m)

259 Action to achieve energy savings or emissions reductions U.K.

(1) ESOS regulations may make provision—

(a) imposing requirements (other than the requirements referred to in paragraph (b)) on participants so as to encourage them to—

(i) take specified action for the purpose of achieving energy savings or emissions reductions, or

(ii) achieve specified energy savings or emissions reductions, or

(b) requiring participants to—

(i) take specified action for the purpose of achieving energy savings or emissions reductions, or

(ii) achieve specified energy savings or emissions reductions.

(2) The kinds of action that may be specified for the purposes of subsection (1) are—

(a) taking action in accordance with a recommendation made in an ESOS assessment;

(b) taking action in accordance with an ESOS action plan;

(c) taking any other action of a specified kind;

(d) taking action to achieve a target included in an ESOS action plan;

(e) taking action to achieve any other specified outcome;

(f) adopting processes, practices or systems of a specified kind;

(g) conforming to specified standards.

(3) The provision that may be made by virtue of subsection (1)(a) includes in particular—

(a) provision requiring a participant to report—

(i) on whether the participant has taken the specified action, or on the steps taken by the participant towards doing so, or

(ii) on whether the participant has achieved the specified energy savings or emissions reductions, or on the progress made by the participant towards doing so;

(b) provision requiring a participant to provide an explanation for any of the matters mentioned in paragraph (a).

(4) Provision made by virtue of subsection (1)(b) may include a requirement for a participant to report on action taken or energy savings or emissions reductions achieved.

(5) Regulations made by virtue of subsection (1) may make provision—

(a) requiring participants to produce and retain evidence;

(b) about the verification of matters about which the participant has reported;

(c) about the publication of reports.

(6) ESOS regulations may—

(a) specify the requirements imposed on a participant by virtue of subsection (1) by reference to a cost-benefit analysis;

(b) specify circumstances in which a participant is required to take action;

(c) impose a requirement to take a specified action on all participants in an energy savings opportunity scheme, or on all participants of a specified description.

Commencement Information

I4 S. 259 in force at Royal Assent, see s. 334(2)(m)