Energy Act 2023

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

I1 S. 257 in force at Royal Assent, see s. 334(2)(m)