The Energy Savings Opportunity Scheme Regulations 2014

Regulation 15(2)

SCHEDULE 1 U.K. Relevant undertakings

Large undertakings, and small or medium undertakings U.K.

1.  In these Regulations—

(a) a “large undertaking” means an undertaking which either—

(i) employs at least 250 persons, or

(ii) has an annual turnover in excess of [F1 amount A] and an annual balance sheet total [F2 in excess] of [F3 amount B], and

(b) a “small or medium undertaking” means an undertaking which employs fewer than 250 persons and either—

(i) has an annual turnover not exceeding [F1 amount A], or

(ii) has an annual balance sheet total not exceeding [F3 amount B]

determined in accordance with this Schedule.

Textual Amendments

F1 Words in Sch. 1 para. 1 substituted (31.12.2020) by The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1342), regs. 1(3), 3(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Sch. 1 para. 1(a)(ii) inserted (26.10.2015) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2015 (S.I. 2015/1731), regs. 1, 2(2)

F3 Words in Sch. 1 para. 1 substituted (31.12.2020) by The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1342), regs. 1(3), 3(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[F4 1A.   In paragraph 1—

“amount A” means—

(a)

where the qualification date is before IP completion day, 50 million euro;

(b)

where the qualification date is on or after [IP completion day], £44 million;

“amount B” means—

(a)

where the qualification date is before IP completion day, 43 million euro;

(b)

where the qualification date is on or after IP completion day, £38 million.]

Textual Amendments

F4 Sch. 1 para. 1A inserted (31.12.2020) by The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1342), regs. 1(3), 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1) (as amended by S.I. 2020/711, regs.1(2), 4(2)(a))

Financial thresholds U.K.

2.  The annual turnover, and the annual balance sheet total, of an undertaking must be determined as follows.

3.  Any conversion into euro of the annual turnover or the annual balance sheet total for the purposes of paragraph 1, must be calculated on the basis of the currency conversion rate applicable on the qualification date for the compliance period. U.K.

[F5 3A.   Paragraph 3 does not apply in respect of a qualification date on or after IP completion day.] U.K.

Textual Amendments

F5 Sch. 1 para. 3A inserted (31.12.2020) by The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1342), regs. 1(3), 3(3)(c) (as substituted by S.I. 2020/711, regs. 1(2), 4(2)(b))

4.  In this Schedule “ turnover” has the meaning given in section 474(1) of the Companies Act 2006 M1 with the modification that for “company” there is substituted “ undertaking ”. U.K.

Marginal Citations

M1 2006 c. 46, to which there are amendments not relevant to these Regulations.

5.  In relation to an undertaking the directors of which are required to prepare accounts under section 394 of the Companies Act 2006 (duty to prepare individual accounts)— U.K.

(a) the annual turnover and the annual balance sheet total for that undertaking are the annual turnover and annual balance sheet total recorded in those accounts for the financial year ending on, or in the 12 months immediately preceding, the qualification date, or

(b) where those accounts are not based on an accounting period of 12 months in accordance with sub-paragraph (a), a calculation of the annual turnover for a 12 month period, on a pro-rata basis.

6.  In relation to an undertaking the directors of which are not required to prepare accounts under section 394 of the Companies Act 2006, and have prepared accounts which comply with section 395 of that Act (Individual Accounts: applicable accounting framework), the annual turnover and the annual balance sheet total for that undertaking are— U.K.

(a) the annual turnover and annual balance sheet total recorded in those accounts for the financial year ending on, or in the 12 months immediately preceding, the qualification date, or

(b) where those accounts are based on an accounting period of other than 12 months in accordance with sub-paragraph (a), a calculation of the annual turnover for a 12 month period, on a pro-rata basis.

7.  In relation to an undertaking where individual accounts are not required under the Companies Act 2006, unless the undertaking is a relevant undertaking falling within regulation 15(1)(b), a responsible officer of the undertaking must estimate the annual turnover and annual balance sheet total for the undertaking for a 12 month period including the qualification date. U.K.

Employee threshold U.K.

8.  The number of persons employed by an undertaking must be determined as follows.

9.  For the purposes of this Schedule, a person is employed by an undertaking if they are— U.K.

(a) an employee of the undertaking,

(b) an owner manager of the undertaking,

(c) a partner in the undertaking.

10.  The number of persons employed by an undertaking on the qualification date is the total of the number of persons employed by the undertaking in each of the months in the accounting period used to calculate the undertaking's annual turnover and balance sheet total, divided by the number of months in that period. U.K.

Change of status U.K.

11.  Where, in any accounting period, an undertaking is a large undertaking (or a small or medium undertaking, as the case may be), it retains that status until it falls within the definition of a small or medium undertaking (or a large undertaking, as the case may be) for two consecutive accounting periods.