The Energy Savings Opportunity Scheme Regulations 2014

Regulation 53(8)

SCHEDULE 5 U.K. Modification of the application of these Regulations in relation to certain relevant trust assets

1.—(1) Part 3 applies with the following modifications. U.K.

(2) Regulations 17, 18, and 19, and Schedule 2, do not apply, and instead the “participant” and the “responsible undertaking” in relation to relevant trust assets—

(a) mean the undertaking which is required to comply with the Scheme in relation to those relevant trust assets, determined in accordance with regulation 53(2), (3), (4), (5) or (6),

(b) where they are the participant and the responsible undertaking in relation to the relevant trust assets of two or more relevant trusts, must comply with the Scheme as a separate participant and responsible undertaking in relation to each relevant trust,

(c) where they are also a participant or a responsible undertaking by virtue of regulations 17, 18 and 19, must comply with the Scheme as a separate participant or responsible undertaking (as the case may be) in accordance with those regulations.

2.—(1) Part 4 applies with the following modifications. U.K.

(2) In regulation 21(1)(b) for “participant” there is substituted “ relevant trust asset ”.

[F1 (2A) In regulation 21(3) for “participant” there is substituted “relevant trust asset”.]

(3) Regulation 22(1) to (3) does not apply and instead the responsible undertaking must, unless regulation 33(3) applies—

(a) subject to sub-paragraph (4), calculate the total energy consumption of all relevant trust assets held in the relevant trust on the qualification date for that compliance period, and

(b) base that calculation on the energy consumption of the relevant trust assets during the reference period.

(4) The responsible undertaking may elect to exclude from the calculation referred to in sub-paragraph (3) any relevant trust asset which is no longer held in the relevant trust on the compliance date.

(5) Regulation 23(1) and (2) does not apply and instead—

(a) the “energy consumption” of a relevant trust asset means energy that is supplied to, and consumed by, the relevant trust asset, but excluding any energy which is supplied from the relevant trust asset to another person,

(b) for the purposes of paragraph (a)—

(i) energy is supplied to a relevant trust asset when it is supplied pursuant to the agreement referred to in regulation 52(2)(b), or the relevant trust asset supplies energy, other than surplus heat, to itself,

(ii) energy is supplied from a relevant trust asset to another person (“R”) where the relevant undertaking that entered the agreement referred to in regulation 52(2)(b) agrees with R that it will supply energy to R, and R is supplied with energy further to that agreement,

and the amount of the supply is measured.

(6) In regulation 23(4) and (6)(a) for “participant”, wherever it appears, there is substituted “ relevant trust asset ”.

(7) In regulation 24—

(a) paragraph (1) does not apply,

(b) in paragraph (3) for “the energy consumption of a participant” there is substituted “ the energy consumption of relevant trust assets ”.

(8) Regulation 25 does not apply and instead—

(a) after calculating the total energy consumption of the relevant trust assets, the responsible undertaking may elect to identify the relevant trust assets' areas of significant energy consumption for the purposes of Chapter 3 of Part 4, and

(b) the “areas of significant energy consumption” of relevant trust assets means those relevant trust assets held by the relevant trust which together account for not less than [F2 95%] of the total energy consumption—

(i) measured in energy measurement units, or

(ii) measured by energy spend.

[F3 (8A) Regulation 25A applies with the modifications that any reference to the energy consumption, the total energy consumption, or the areas of significant energy consumption, of a participant is to be read as if it were a reference to the energy consumption, the total energy consumption, or the areas of significant energy consumption (as the case may be) of the relevant trust asset.

(8B) Regulation 25B applies with the modifications that any reference to the energy consumption, the total energy consumption, or the areas of significant energy consumption, of a participant is to be read as if it were a reference to the energy consumption, the total energy consumption, or the areas of significant energy consumption (as the case may be) of the relevant trust asset.

(8C) Regulation 25C applies with the modifications that any reference to the areas of significant energy consumption, or the total energy consumption, of a participant is to be read as if it were a reference to the areas of significant energy consumption or the total energy consumption (as the case may be) of the relevant trust asset.]

(9) Regulation 26 applies with the modifications that any reference to the energy consumption, or the total energy consumption, of a participant is to be read as if it were a reference to the energy consumption or, the total energy consumption (as the case may be) of the relevant trust assets.

(10) Regulation 27 applies with the modifications that—

(a) in paragraph (1)(a) for the words “participant's energy consumption and energy efficiency” there is substituted “ energy consumption and energy efficiency of the relevant trust assets ”,

(b) for paragraph (1)(b) there is substituted “ identify any way in which the relevant undertaking that entered the agreement referred to in regulation 52(2)(b) can improve the energy efficiency of the relevant trust asset, ”,

(c) in paragraph (1)(c) for “the participant” there is substituted “ that relevant undertaking ”,

[F4 (ca) in paragraph (1)(d)(iii)(aa) for “used by the participant” there is substituted “used by or that constitutes the relevant trust asset”],

(d) in paragraph (3)(a) for the words “by activities carried on, and assets held, by the participant” there is substituted “ by the relevant trust asset ”.

[F5 (10A) Regulation 27A applies with the modifications that any reference to the total energy consumption or significant energy consumption of the participant is to be read as if it were a reference to the total energy consumption or significant energy consumption (as the case may be) of the relevant trust asset.

(10B) Regulation 27B applies with the modifications that any reference to the energy savings, or the estimated energy savings of the participant is to be read as if it were a reference to the energy savings, or the estimated energy savings (as the case may be) of the relevant trust asset.

(10C) Regulation 27C applies with the modifications that any reference to the energy consumption of the participant is to be read as if it were a reference to the energy consumption of the relevant trust asset.]

(11) In regulation 28 for paragraph (1)(c) there is substituted “ any agreement made under regulation 53(5) or (6), ”.

Textual Amendments

F1 Sch. 5 para. 2(2A) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 29(2)

F2 Word in Sch. 5 para. 2(8)(b) substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 29(3)

F3 Sch. 5 para. 2(8A)-(8C) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 29(4)

F4 Sch. 5 para. 2(10)(ca) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 29(5)

F5 Sch. 5 para. 2(10A)-(10C) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 29(6)

3.—(1) Part 6 applies with the following modifications. U.K.

(2) In regulation 32 for “an undertaking” there is substituted “ a relevant trust asset ”.

(3) In regulation 33—

(a) in paragraph (1) for the words “a participant's energy management system” there is substituted “ an energy management system in relation to the relevant trust asset ”,

(b) in paragraph (2) for the words “its energy consumption” there is substituted “ the energy consumption of the relevant trust asset ”,

(c) in paragraph (3) for “a participant” there is substituted “ a relevant trust asset ”.

(4) In regulation 34—

(a) in paragraph (1) for the words “occupied by a relevant undertaking” there is substituted “ which is a relevant trust asset ”,

(b) in paragraph (2) for “relevant undertaking” there is substituted “ participant ”, and for “its” there is substituted “ the ”,

(c) in paragraph (3) for “of a participant” there is substituted “ of a relevant trust asset ”.

[F6 4.— (1) Part 6 applies with the following modifications— U.K.

(a) regulation 34A applies with the modification that any reference to “participant” should be read as a reference to relevant trust asset;

(b) regulation 34B applies with the modification that any reference to “participant” should be read as a reference to relevant trust asset.

Textual Amendments

F6 Sch. 5 paras. 4, 5 inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 29(7)

5.— (1) Schedule 3 applies with the following modifications— U.K.

(a) in Table F for “the participant” there is substituted “the relevant trust asset”;

(b) Table G applies with the modification that any reference to the participant is to be read as a reference to the relevant trust asset.]

Textual Amendments

F6 Sch. 5 paras. 4, 5 inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 29(7)