Textual Amendments
F1Pt. 4 Ch. 3A inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 18
27C.—(1) Subject to paragraphs (2) and (3), where there is any group undertaking in relation to the responsible undertaking on the qualification date for the compliance period to which the ESOS report relates, the responsible undertaking must disclose to the group undertaking those parts of the ESOS report and the evidence pack relevant to the group undertaking.
(2) The responsible undertaking is not required to disclose any part of the evidence pack to the group undertaking unless the participant is deemed to have complied with Chapter 3 by virtue of Part 6.
(3) To the extent that disclosure of those parts of the ESOS report or the evidence pack relevant to the group undertaking is prohibited by law—
(a)paragraph (1) does not apply, and
(b)the responsible undertaking must notify the scheme administrator using the Notification System identifying—
(i)the parts of the ESOS report or the evidence pack that the responsible undertaking is prohibited from disclosing to the group undertaking, and
(ii)the reasons why the responsible undertaking considers that disclosure of those parts of the ESOS report or the evidence pack is prohibited by law.
(4) For the purposes of this regulation, the parts of an ESOS report and evidence pack relevant to a group undertaking are those parts identifying—
(a)where the responsible undertaking has conducted an energy audit under Chapter 3—
(i)any energy saving opportunity which relates to energy consumed, assets held, or activities carried on by the group undertaking,
(ii)the estimated costs and benefits of implementing any such energy saving opportunity,
(iii)any considerations relevant to the implementation of any such energy saving opportunity, and
(iv)any analysis of energy consumption and energy efficiency carried out in accordance with regulation 27(1)(a), including any energy consumption profiles produced in accordance with regulation 27(2) and (3) which relates to energy consumed, assets held, or activities carried on by the group undertaking, and
(b)where the participant is deemed to have complied with Chapter 3 by virtue of Part 6—
(i)where compliance is by virtue of regulation 33, any information under an ISO50001 energy management system as defined in that regulation relating to energy reviews which may relate to such group undertaking,
(ii)where compliance is by virtue of regulation 34, any display energy certificate as defined in that regulation which may relate to such group undertaking,
(iii)documented outputs of qualifying Green Deal assessments as defined in regulation 34 which may relate to such group undertaking,
(iv)any energy saving measure which relates to energy consumed, assets held, or activities carried on, by the group undertaking, and
(v)any considerations relevant to the implementation of any such energy saving measure.]