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).