The Energy Savings Opportunity Scheme Regulations 2014

Duty to carry out an energy auditU.K.

This section has no associated Explanatory Memorandum

26.—(1) Subject to Part 6, a responsible undertaking must carry out an energy audit in accordance with this Chapter—

(a)in any case where the responsible undertaking has identified the participant's areas of significant energy consumption, in relation to those areas of significant energy consumption, or

(b)in any other case, in relation to the participant's total energy consumption.

(2) A responsible undertaking may elect to comply with the requirements of paragraph (1) by carrying out two or more energy audits, each relating to a different area of the participant's energy consumption.

(3) So far as reasonably practicable, an energy audit must be based on verifiable data evidencing the participant's energy consumption in relation to its areas of significant energy consumption (or, where paragraph (1)(b) applies, its total energy consumption), measured in energy measurement units, over a 12 month period.

[F1(3A) An energy audit must include visits to sites that the responsible undertaking considers are representative of how energy is used by the assets held, and activities carried on, by the participant during the 12 month period referred to in paragraph (3).]

(4) Subject to paragraph (5), the 12 month period referred to in paragraph (3) must be a period of 12 consecutive months which—

(a)in relation to the initial compliance period, begins—

(i)no earlier than 6th December 2010, and

(ii)no more than 24 months before the commencement of the energy audit,

(b)in relation to a subsequent compliance period, begins—

(i)no more than 12 months before the start of the compliance period, and

(ii)no more than 24 months before the commencement of the energy audit, and

ends on or before the compliance date for that compliance period.

(5) The 12 month period must be such that no data is used as the basis for energy audits carried out in more than one compliance period.

(6) Where a responsible undertaking elects, in accordance with paragraph (2), to carry out two or more energy audits in relation to different areas of its energy consumption, the participant may use different 12 month periods for each of those audits.

(7) In any case where verifiable data evidencing the participant's energy consumption is not available for a 12 month period in accordance with paragraph (3), the energy audit may be based on—

(a)verifiable data evidencing the participant's energy consumption over a shorter period, provided that the requirements of paragraph (4) are complied with, or

(b)a reasonable estimate of the participant's energy consumption over the 12 month period referred to in paragraph (3).

F2(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(9) The responsible undertaking must record details of how it has carried out each energy audit in accordance with this Chapter including—

(a)the period during which the energy audit was carried out,

(b)the 12 month period to which the energy audit relates,

(c)as measured in accordance with paragraph (3)—

(i)the participant’s energy consumption in relation to its areas of significant energy consumption, or

(ii)where paragraph (1)(b) applies, the participant’s total energy consumption,

(d)the number of sites at which the participant holds assets, or carries on activities, to which the energy audit relates,

(e)the number of sites visited for the energy audit,

(f)the reasons why the sites visited for the energy audit are considered to be representative of how energy is used by the range of assets held, and activities carried on, by the participant during the 12 month period to which the energy audit relates, and

(g)where paragraph (7)(a) applies, details of the extent to which, and the reasons why, 12 months’ verifiable data was not used.]

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