SCHEDULE 2U.K.Groups of undertakings

[F17A.  Any undertaking which is a member of a highest parent group, or of a participant formed in accordance with paragraph 3(b) or (c), on the compliance date, and ceases to be part of that group or participant before the last date by which an ESOS action plan is required to be notified under regulation 34A(6)—U.K.

(a)may agree in writing with the highest parent that it will comply with regulations 34A and 34B as if it were still a member of that group or participant,

(b)may agree in writing with the highest parent of another highest parent group that it will comply with regulations 34A and 34B as a member of that group, or

(c)in the absence of an agreement made in accordance with sub-paragraph (a) or (b), must—

(i)comply with regulations 34A and 34B on its own behalf, and

(ii)be the responsible undertaking in relation to its compliance with those regulations.]