Search Legislation

The Energy Savings Opportunity Scheme Regulations 2014

Changes over time for: Explanatory Notes

 Help about opening options

Alternative versions:

Status:

Point in time view as at 17/07/2014.

Changes to legislation:

There are currently no known outstanding effects for the The Energy Savings Opportunity Scheme Regulations 2014. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 2(2) of the European Communities Act 1972 and implement Article 8(4), (5) and (6) of Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency, and come into force on [ ] July 2014.

Part 2 establishes the Energy Savings Opportunity Scheme (“the Scheme”), administered by the Environment Agency.

Part 3 requires large undertakings, and small or medium undertakings which are group undertakings in respect of a large undertaking (with specified exceptions), to participate in the Scheme. It requires group undertakings to participate in the Scheme as one participant, in default of agreement to the contrary. It places duties on one “responsible” undertaking in each group (or, where an undertaking participates individually, on that undertaking) in relation to the Scheme. A group of undertakings participating as a group, and a sole undertaking participating individually, are referred to as “participants” in the Scheme.

Part 4 requires responsible undertakings to carry out an assessment of the energy consumption of the participant. It requires the responsible undertaking to audit that energy consumption (or, where it has identified areas of significant energy consumption which account for no less than 90% of the participant's total energy consumption, that energy consumption) in every compliance period. The first compliance period ends on 5th December 2015, and subsequent four-year compliance periods end on 5th December 2019 and so on. The audit must analyse the participant's energy efficiency, and recommend reasonably practicable ways in which that energy efficiency can be improved (an “energy saving opportunity”). Audits must be carried out by (or supervised or reviewed by) approved assessors who meet the competence requirements enforced by a professional body and set out in a Publicly Available Specification.

Part 5 requires responsible undertakings to notify the Environment Agency of their compliance with the Scheme by providing prescribed information and confirmation of compliance by a responsible officer of the undertaking.

Part 6 prescribes certain measures which will be accepted as alternative routes to comply with the Scheme, namely a valid energy management system, a Display Energy Certificate and Green Deal Assessment.

Part 7 sets out the compliance and enforcement role of the compliance bodies. These bodies are: the Environment Agency in respect of England, Chief Inspector in respect of Northern Ireland, the Scottish Environment Protection Agency in respect of Scotland, the Natural Resources Body for Wales in respect of Wales, and the Department of Energy and Climate Change in respect of offshore undertakings. The compliance bodies are empowered to monitor compliance with the Scheme by inspection and requests for information in the form of compliance notices, and to issue enforcement notices in the case of default.

Part 8 provides for civil penalties to be imposed by the compliance bodies in respect of certain breaches of the Regulations, and Part 9 provides for appeals against determinations, enforcement notices and penalty notices.

Part 10 sets out the way in which the Regulations apply, with modifications, in relation to certain assets held on trust.

Copies of PAS 51215:2014, referred to in regulation 12, can be obtained from any of the sales outlets operated by the British Standards Institute (BSI) (http://bsigroup.com), or by post from the BSI at Milton Keynes. Copies of ISO 50001:2011, referred to in regulation 33, can be obtained from the International Organization for Standardization (ISO) (http://www.iso.org).

A transposition note, and a full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector, are annexed to the Explanatory Memorandum which is available alongside these Regulations on www.legislation.gov.uk.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources