Textual Amendments
F1Pt. 6A inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 26
34A.—(1) Following a notification by a responsible undertaking under regulation 29(1) in relation to a compliance period, the responsible undertaking must produce an ESOS action plan.
(2) Paragraph (1) does not apply to a notification made under regulation 29(1) in relation to a compliance period ending on or before 5th December 2019.
(3) An “ESOS action plan” is a written record—
(a)setting out—
(i)each measure to improve its energy efficiency that the participant proposes to implement before the end of the relevant compliance period,
(ii)whether the measure was recommended by an energy audit in accordance with regulation 27(1)(c),
(iii)the date by which the participant proposes to implement the measure,
(iv)an estimate of the total energy savings that the participant reasonably expects to achieve during the relevant compliance period by implementing the measure, in energy measurement units,
(v)an estimate of the amount of the energy savings referred to in paragraph (iv) that the participant reasonably expects to achieve in relation to each organisational purpose, in energy measurement units, and
(vi)the method used to calculate the estimate under paragraph (iv), or
(b)containing a statement that there is no measure to improve its energy efficiency that the participant proposes to implement before the end of the relevant compliance period.
(4) Where the ESOS action plan contains an estimate in accordance with paragraph (3)(a)(iv), the responsible undertaking must identify whether the estimate is based on—
(a)the estimated benefits calculated as part of the energy audit carried out in accordance with regulation 27(1)(d),
(b)estimated energy savings calculated through a method of deemed compliance with Chapter 3 of Part 4, or
(c)another reasonable estimation method.
(5) Where an estimate is based on another reasonable estimation method by virtue of paragraph 4(c), the responsible undertaking must—
(a)record a brief description of the method used to estimate the energy savings, and
(b)record the reason for using this method in the evidence pack.
(6) Using the Notification System, the responsible undertaking must notify the scheme administrator of the ESOS action plan by providing—
(a)the ESOS action plan, and
(b)the confirmation required by paragraph (8).
(7) The notification required by paragraph (6) must be provided—
(a)in relation to the compliance period beginning on 6th December 2019 by 5 December 2024, and
(b)in relation to all other compliance periods, within the period starting on the first day of the relevant compliance period and ending on the day before the one-year anniversary of that date.
(8) The notification required by paragraph (6) must include confirmation that—
(a)the responsible officer is satisfied to the best of their knowledge that the responsible undertaking has complied with paragraphs (1) to (5), and
(b)the responsible officer has seen and considered the ESOS action plan.
(9) In paragraph (4)(b), references to the participant’s “method of deemed compliance with Chapter 3 of Part 4” have the same meaning as references to “method of deemed compliance with Chapter 3” in regulation 27A(8).
(10) In this Regulation “relevant compliance period” means the compliance period following the compliance period to which the notification referred to in paragraph (1) relates.
34B.—(1) Following notification of an ESOS action plan under regulation 34A(6) (“the latest ESOS action plan”), the responsible undertaking must produce—
(a)an ESOS progress update during the period starting on the one year anniversary of the first day of the relevant compliance period and ending on the day before the two year anniversary of the first day of the relevant compliance period (“an initial progress update”), and
(b)an ESOS progress update during the period starting on the two year anniversary of the first day of the relevant compliance period and ending on the day before the three year anniversary of the first day of the relevant compliance period (“a further progress update”).
(2) An ESOS progress update is a written record identifying any action taken by or on behalf of the participant since the relevant event to implement measures to improve the participant’s energy efficiency.
(3) An ESOS progress update must include—
(a)information identifying—
(i)any measure set out in the latest ESOS action plan that the participant has implemented since the relevant event,
(ii)whether such measure was implemented by any date specified for it in the latest ESOS action plan, and
(iii)any measure set out in the latest ESOS action plan that the participant has not implemented by any date specified for it in the latest ESOS action plan, and
(b)an estimate for the reduction in energy consumption that has been, or will be achieved during the relevant reporting period as a result of the actions identified in the ESOS progress update, calculated in energy measurement units, and
(c)the method used to produce the estimate in accordance with sub-paragraph (b).
(4) In relation to the estimate referred to in paragraph (3)(b), the responsible undertaking must identify whether the estimate is based on—
(a)an estimate of the reduction in energy consumption produced as part of an energy audit carried out in accordance with regulation 27(1)(d)(vi),
(b)an estimate included in the latest ESOS action plan, or
(c)another reasonable estimation method.
(5) Where an estimate is based on another reasonable estimation method by virtue of paragraph 4(c), the responsible undertaking must—
(a)record a brief description of the method used to estimate the reduction in energy consumption, and
(b)record the reason for using this method in the evidence pack.
(6) Using the Notification System, the responsible undertaking must notify the scheme administrator of the ESOS progress update by providing—
(a)the ESOS progress update, and
(b)the confirmation required by paragraph (7)
within the relevant reporting period.
(7) The notification required by paragraph (6) must include confirmation that—
(a)the responsible officer is satisfied to the best of their knowledge that the responsible undertaking has complied with paragraphs (1) to (5), and
(b)the responsible officer has seen and considered the ESOS progress update.
(8) In this Regulation—
“relevant compliance period” has the same meaning as in regulation 34A(10),
“relevant event” means—
in the case of an initial progress update, the notification of the latest ESOS action plan under regulation 34A(6);
in the case of a further progress update, the notification of the initial progress update under paragraph (6).
“relevant reporting period” means—
in the case of an initial progress update, the period referred to in paragraph (1)(a);
in the case of a further progress update, the period referred to in paragraph (1)(b).]