The Energy Savings Opportunity Scheme (Amendment) Regulations 2023

Schedule 5 amended (Modification of the application of these Regulations in relation to certain relevant trust assets)

29.—(1) Schedule 5 is amended as follows.

(2) In paragraph 2, after sub-paragraph (2) insert—

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

(3) In paragraph 2 in sub-paragraph (8)(b), for “90%” substitute “95%”.

(4) In paragraph 2, after sub-paragraph (8) insert—

“(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.””

(5) In paragraph 2, in sub-paragraph (10), after paragraph (c) insert—

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

(6) In paragraph 2, after sub-paragraph (10), insert—

“(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.”

(7) After paragraph 3, insert—

“4.— (1) Part 6 applies with the following modifications—

(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.

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

(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.”.