Part 11Energy Savings Opportunity Schemes
Administration, enforcement and appeals
I1261Enforcement, 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).