17.—(1) In these Regulations “participant” means—
(a)a relevant undertaking required to comply with the Scheme on its own behalf,
(b)where two or more relevant undertakings comply with the Scheme as a group in accordance with paragraph (2), or paragraph 1, 3, 7 [F1, 7A, 7B,] or 10 of Schedule 2, that group of undertakings.
(2) Where, on the qualification date for a compliance period—
(a)two or more relevant undertakings are group undertakings in respect of each other, and
(b)one of those group undertakings is a highest parent in respect of all the other group undertakings
those undertakings constitute a “highest parent group” for the purposes of these Regulations and must comply with the Scheme as one participant unless paragraph 1, 3, 7 [F2, 7A, 7B,] or 10 of Schedule 2 apply.
(3) For the purposes of these Regulations—
(a)a parent undertaking is a “highest parent” where it has no parent undertaking which is a relevant undertaking,
(b)a highest parent is the highest parent in respect of any group undertaking in relation to which it is a parent, and
(c)an undertaking (A) is the parent undertaking of an undertaking (C) within the meaning of section 1162(5) of the Companies Act 2006, where any of A's subsidiary undertakings (B) are, or are to be treated as, parent undertakings of C, notwithstanding B is not a relevant undertaking.
Textual Amendments
F1Words in reg. 17(1)(b) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 7(a)
F2Words in reg. 17(2) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 7(b)