Energy Act 2023

266 Interpretation of Part 11

(1) In this Part—

• “assessor” has the meaning given by section 256(3);

• “cost benefit analysis” has the meaning given by section 256(6);

• “emissions reduction” has the meaning given by section 254(5);

• “energy consumption” has the meaning given by ESOS regulations;

• “energy saving” has the meaning given by section 254(4);

• “energy savings opportunity scheme” has the meaning given by section 254(2);

• “ESOS action plan” has the meaning given by section 258(2);

• “ESOS assessment” has the meaning given by section 256(1);

• “ESOS regulations” means regulations made under section 254(1);

• “greenhouse gas” has the meaning given by section 92 of the Climate Change Act 2008;

• “participant” means an undertaking to which an energy savings opportunity scheme applies;

• “related undertaking”, in relation to a participant, means a fellow subsidiary undertaking of, or a group undertaking in relation to, that participant;

• “scheme administrator” has the meaning given by section 260(2);

• “specified” means specified in ESOS regulations;

• “undertaking”, “group undertaking” and “fellow subsidiary undertaking” have the meanings given by section 1161 of the Companies Act 2006.

(2) For the purposes of this Part, provision—

(a) is within Welsh devolved competence if it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006);

(b) is within Scottish devolved competence if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;

(c) is within Northern Ireland devolved competence if it—

(i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and

(ii) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.