The Energy Savings Opportunity Scheme Regulations 2014
PART 1Introduction
1Citation and commencement
2Interpretation
3Duty to review
PART 2The Energy Savings Opportunity Scheme
CHAPTER 1Scheme compliance periods
4Compliance periods
CHAPTER 2Scheme administration
5Scheme administrator
6Compliance bodies
7Co-operation and sharing of information
8Notification System
9Provision of information to the Secretary of State
10Publication of information
CHAPTER 3Lead assessors
11Lead assessors
12Approval bodies and approved registers
13Reviews of approval
14Appeals
PART 3Undertakings
CHAPTER 1Relevant undertakings
15Relevant undertakings
16Excluded undertakings
17Participants
CHAPTER 2Responsible undertakings
18Role of the responsible undertaking
19Determination of the responsible undertaking
PART 4ESOS Assessments
CHAPTER 1General
20Duty to carry out ESOS assessment
21Role of the lead assessor
21AEstimates
CHAPTER 2Energy consumption
22Duty to calculate total energy consumption
23Energy consumption – general
24Energy consumption - transport
25Identification of areas of significant energy consumption
25AConversion into kWh units
Chapter 2ACalculations related to organisational purposes
25BAmount of energy consumption related to organisational purposes
25CEnergy Intensity Ratio
CHAPTER 3Energy savings opportunities
26Duty to carry out an energy audit
27Identification of energy saving opportunities
Chapter 3AESOS Report
27AESOS Report
27BEnergy savings since the previous compliance date
27CDisclosure of information to group undertaking
CHAPTER 4Records
28Evidence packs
PART 5Notification and confirmation requirements for ESOS Assessments
29Notification of compliance
30Responsible officers
31Confirmation to be given by responsible officer
PART 6Alternative routes to compliance
32Energy consumption not subject to audit
33Compliance with ISO 50001
34Display Energy Certificates and Green Deal Assessments
Part 6AESOS action plan and ESOS progress update
34AESOS action plan
34BESOS progress update
PART 7Compliance and Enforcement
CHAPTER 1Monitoring compliance
35Compliance notices
36Inspection
37Other information
CHAPTER 2Enforcement
38Enforcement notices
PART 8Civil penalties and breaches
CHAPTER 1Civil penalties
39Penalty notices
40Effect and recovery of financial penalty
41Effect of publication penalty
42Discretion in waiving, imposition and modification of civil penalties
CHAPTER 2Breach of Regulations
43Failure to notify
44Failure to maintain records
45Failure to undertake an energy audit
46Failure to comply with notice
47False or misleading statement
PART 9Appeals and service of documents
48Appeals
49Effect of an appeal
50Determination of an appeal
51Service of documents
PART 10Application of these Regulations with modifications to relevant trust assets
52Relevant trust assets
53Participants and responsible undertakings in relation to relevant trust assets
SCHEDULE 1Relevant undertakings
1Large undertakings, and small or medium undertakings
1AIn paragraph 1— “ amount A ” means— where the...
2Financial thresholds
3Any conversion into euro of the annual turnover or the...
3AParagraph 3 does not apply in respect of a qualification...
4In this Schedule “turnover” has the meaning given in section...
5In relation to an undertaking the directors of which are...
6In relation to an undertaking the directors of which are...
7In relation to an undertaking where individual accounts are not...
8Employee threshold
9For the purposes of this Schedule, a person is employed...
10The number of persons employed by an undertaking on the...
11Change of status
SCHEDULE 2Groups of undertakings
1Aggregation
2Where paragraph 1 applies, all the highest parents in those...
3Disaggregation
4An undertaking may only comply with the Scheme other than...
5Where an undertaking complies as an individual participant in accordance...
6Where two or more undertakings comply as one participant in...
7Change of group
7AAny undertaking which is a member of a highest parent...
7BAny undertaking which is a member of a highest parent...
8Where paragraph 7(a) or (b) applies, the undertaking must use...
9Where paragraph 7(c) applies, the undertaking is the responsible undertaking...
10Compliance of franchise undertakings as a group
11Where paragraph 10 applies, those franchise undertakings must agree in...
12In these Regulations— (a) a “franchise agreement” exists where one...
13Determinations
Schedule 3Information to be included in ESOS report, to be notified to scheme administrator and to be published by scheme administrator
SCHEDULE 4Appeals procedure
PART 1Procedure for appeals against determinations made, and enforcement and penalty notices issued, by the Scottish Environment Protection Agency
1This Part applies to appeals against determinations made, and enforcement...
2The Scottish Ministers must appoint an independent person to hear...
3A person who wishes to appeal to the Scottish Ministers...
4The Scottish Ministers must as soon as is reasonably practicable...
5An appellant may withdraw an appeal by notifying the Scottish...
6Notice of appeal in accordance with paragraph 3 is to...
7The standard of proof to be applied by the Scottish...
PART 2Procedure for appeals against determinations made, and enforcement and penalty notices issued, by the Chief Inspector
8This Part applies to appeals against determinations made, and enforcement...
9A person who wishes to appeal to the Planning Appeals...
10The Planning Appeals Commission must as soon as is reasonably...
11An appellant may withdraw an appeal by notifying the Planning...
12Notice of appeal in accordance with paragraph 9 is to...
13The Planning Appeals Commission must determine the appeal and paragraphs...
14The Planning Appeals Commission must determine the process for determining...
15An appeal under this Part must be accompanied by a...
16The standard of proof to be applied by the Planning...
SCHEDULE 5Modification of the application of these Regulations in relation to certain relevant trust assets
1(1) Part 3 applies with the following modifications.
2(1) Part 4 applies with the following modifications.
3(1) Part 6 applies with the following modifications.
4(1) Part 6 applies with the following modifications—
5(1) Schedule 3 applies with the following modifications—

2014 No. 1643

Energy

The Energy Savings Opportunity Scheme Regulations 2014

Made

Laid before Parliament

Coming into force

The Secretary of State, being a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to energy and energy sources, makes the following Regulations in exercise of the powers conferred by that section:

Annotations:
Marginal Citations
M2

1972 c. 68. Section 2(2) is amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by paragraph 1 of Schedule 1(1) to the European Union (Amendment) Act 2008 (c. 7).