The Energy Savings Opportunity Scheme Regulations 2014

• (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.

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

• (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 95% of the total energy consumption—

• (i) measured in energy measurement units, or

• (ii) measured by energy spend.

• (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 ”,

• (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 ”.

• (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), ”.

3

• (1) Part 6 applies with the following modifications.

• (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 ”.

Signed

Gregory Barker — Minister of State — 2014-06-24

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2010/761.

[^f00002]: 1972 c. 68. Section 2(2) is amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by paragraph 1 of Schedule 1(1) to the European Union (Amendment) Act 2008 (c. 7).

[^f00003]: OJ No L 315, 14.11.2012, p1, to which there is an amendment not relevant to these Regulations. Article 8(4) to (6) is transposed by these Regulations.

[^f00004]: 1996 c. 18.

[^f00005]: 1996 No. 1919 (N.I. 16).

[^f00006]: 2006 c. 46.

[^f00007]: 2008 c. 32.

[^f00008]: 1964 c. 29, amended by paragraph 1 of Schedule 3 to the Oil and Gas (Enterprise) Act 1982 (c. 23), and by section 103 of the Energy Act 2011 (c. 16). (d)2009 c. 23.

[^f00009]: 1971 c. 80.

[^f00010]: S.R. (NI) 2013 No 160.

[^f00011]: PAS 51215:2014 “Energy efficiency assessment – Competence of a lead energy assessor - Specification” published in 2014 by the British Standards Institution (ISBN 978 0 580 84377 8).

[^f00012]: 2000 c. 17. Paragraph 120(9) defines certain terms used in paragraph 120(7); both are amended by paragraph 33 of Part 1 of Schedule 1 to S.I. 2003/2096.

[^f00013]: S.I. 2006/5; relevant amending instruments are S.I. 2007/3542, 2008/2683, 2008/2848, 2009/1307, 2010/976, 2011/2053, 2011/2581, 2011/3058 and 2013/252 and 2014/834, S.R & O. (NI) 2010 No 133; also amended by section 1 of the Crofting Reform (Scotland) Act 2010 asp 14 and Schedule 20 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

[^f00014]: S.S.I. 2012/88, relevant amending instruments are S.S.I. 2012/108 and S.I. 2013/252.

[^f00015]: 1994 c. 22.

[^f00016]: 1993 c. 43, to which there are amendments not relevant to these Regulations.

[^f00017]: 2006 c. 46.

[^f00018]: ISO 50001:2011 “Energy management systems – Requirements with guidance for use” published in 2011 by the International Organization for Standardization (ISBN 978-92-67-10552-9).

[^f00019]: OJ No L 218 13.8.2008, p30.

[^f00020]: S.I. 2012/3118; relevant amending instruments are S.I.s 2013/181 and 2014/880.

[^f00021]: S.R. (NI) 2008 No 170, amended by S.R. (NI) 2013 No 12. There are other amendments not relevant to these Regulations.

[^f00022]: S.I. 2012/2079.

[^f00023]: 2007 c. 15. Such appeals are assigned to the General Regulatory Chamber of the First-tier Tribunal by virtue of article 3(a) of the First-tier Tribunal and Upper Tribunal (Chamber) Order 2010 (S.I. 2010/2655).

[^f00024]: S.I. 1991/1220 (N.I. 11), to which there are amendments not relevant to these Regulations.

[^f00025]: S.I. 2013/1773, to which there are amendments not relevant to these Regulations.

[^f00026]: 2000 c. 8. Part 4A is substituted by section 11(2) of the Financial Services Act 2012 (c. 21).

[^f00027]: Section 22 is amended by section 7(1) of the Financial Services Act 2012.

[^f00028]: 2006 c. 46, to which there are amendments not relevant to these Regulations.

[^f00029]: Article 111(1) is amended by S.I. 2006/1252 (N.I. 7) articles 1(3)(b) and 15(2), and by S.R. 2006/222 article 2.

Editorial notes

[^c22147021]: S.I. 2010/761.

[^c22147031]: 1972 c. 68. Section 2(2) is amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by paragraph 1 of Schedule 1(1) to the European Union (Amendment) Act 2008 (c. 7).

[^c22147041]: OJ No L 315, 14.11.2012, p1, to which there is an amendment not relevant to these Regulations. Article 8(4) to (6) is transposed by these Regulations.

[^c22147051]: 1996 c. 18.

[^c22147061]: 1996 No. 1919 (N.I. 16).

[^c22147071]: 2006 c. 46.

[^c22147081]: 2008 c. 32.

[^c22147091]: 1964 c. 29, amended by paragraph 1 of Schedule 3 to the Oil and Gas (Enterprise) Act 1982 (c. 23), and by section 103 of the Energy Act 2011 (c. 16). (d)2009 c. 23.

[^c22147101]: 1971 c. 80.

[^c22147111]: S.R. (NI) 2013 No 160.

[^c22147121]: PAS 51215:2014 “Energy efficiency assessment – Competence of a lead energy assessor - Specification” published in 2014 by the British Standards Institution (ISBN 978 0 580 84377 8).

[^c22147131]: 2000 c. 17. Paragraph 120(9) defines certain terms used in paragraph 120(7); both are amended by paragraph 33 of Part 1 of Schedule 1 to S.I. 2003/2096.

[^c22147161]: 1994 c. 22.

[^c22147171]: 1993 c. 43, to which there are amendments not relevant to these Regulations.

[^c22147181]: 2006 c. 46.

[^c22147191]: ISO 50001:2011 “Energy management systems – Requirements with guidance for use” published in 2011 by the International Organization for Standardization (ISBN 978-92-67-10552-9).

[^c22147201]: OJ No L 218 13.8.2008, p30.

[^c22147211]: S.I. 2012/3118; relevant amending instruments are S.I.s 2013/181 and 2014/880.

[^c22147221]: S.R. (NI) 2008 No 170, amended by S.R. (NI) 2013 No 12. There are other amendments not relevant to these Regulations.

[^c22147231]: S.I. 2012/2079.

[^c22147241]: 2007 c. 15. Such appeals are assigned to the General Regulatory Chamber of the First-tier Tribunal by virtue of article 3(a) of the First-tier Tribunal and Upper Tribunal (Chamber) Order 2010 (S.I. 2010/2655).

[^c22147251]: S.I. 1991/1220 (N.I. 11), to which there are amendments not relevant to these Regulations.

[^c22147261]: S.I. 2013/1773, to which there are amendments not relevant to these Regulations.

[^c22147271]: 2000 c. 8. Part 4A is substituted by section 11(2) of the Financial Services Act 2012 (c. 21).

[^c22147281]: Section 22 is amended by section 7(1) of the Financial Services Act 2012.

[^c22147291]: 2006 c. 46, to which there are amendments not relevant to these Regulations.

[^c22147301]: Article 111(1) is amended by S.I. 2006/1252 (N.I. 7) articles 1(3)(b) and 15(2), and by S.R. 2006/222 article 2.

[^key-e30754f25b4a46e22b2037112b72eb43]: 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)

[^key-ab74de7ba4802060ba15f3a7427440c1]: Sch. 2 para. 12(b) omitted (26.10.2015) by virtue of The Energy Savings Opportunity Scheme (Amendment) Regulations 2015 (S.I. 2015/1731), regs. 1, 2(3)

[^key-2500c33c2e6897c9e360e0c3f33cda77]: Word in Sch. 4 para. 12 omitted (26.10.2015) by virtue of The Energy Savings Opportunity Scheme (Amendment) Regulations 2015 (S.I. 2015/1731), regs. 1, 2(4)(b)

[^key-854f0129a08fb0971283e40c4c60bf15]: Words in Sch. 4 para. 13 substituted (26.10.2015) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2015 (S.I. 2015/1731), regs. 1, 2(4)(c)

[^key-a815889622836497be1f5b1ffcf689a4]: Word in Sch. 4 para. 6 inserted (26.10.2015) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2015 (S.I. 2015/1731), regs. 1, 2(4)(a)

[^key-b3452c5b643bf3a4a7cf1c3ec70cf0b4]: Words in reg. 33(4)(c) inserted (3.1.2019) by The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1342), regs. 1(2), 2(2)

[^key-6fa64989dc473453f55aab5c7f23d71a]: Words in reg. 33(4)(a)(ii) inserted (31.12.2020) by The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1342), regs. 1(3), 3(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-524bc6b49214cf26367b107396723c3d]: Reg. 33(4)(a)(iii) inserted (31.12.2020) by The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1342), regs. 1(3), 3(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-eb457b35ee305908b5720fbeb7f1a11d]: Words in reg. 33(4)(d) inserted (31.12.2020) by The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1342), regs. 1(3), 3(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d60faf23fa4a0e34bde262f7adcace15]: Words in reg. 33(4)(d) inserted (31.12.2020) by The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1342), regs. 1(3), 3(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1fff8b16d1e02703912277d07df894b3]: 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)

[^key-5275d044ad49800d1f1e93c99bd77467]: 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)

[^key-275c7f790e11ceca9a4bca328317e2a5]: 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))

[^key-ad31b18aee1caa970bd7baaf56af8cfd]: 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))

[^key-43b3855dfa2a463b170a457721168957]: Words in reg. 6(1)(e) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 57(a) (with art. 17)

[^key-38a4f54215fa6b486be960ebb206d25a]: Words in reg. 48(2)(a) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 57(b) (with art. 17)

[^key-0b2122434a062ff966e9f10ba2c384a1]: Reg. 21A inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 10

[^key-5f860ceadec4c4dace2d92c6512f1e93]: Reg. 25A inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 14

[^key-337ecd95725a70eacbe8faac28221244]: Sch. 3 substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 28

[^key-a08f7229dd02ec339fa6b5d385f80ba3]: Sch. 2 paras. 7A, 7B inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 27

[^key-642b89421a133f798a8a24d36871c52a]: 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)

[^key-2b0348af0a1753ad36f02221c130aa91]: Pt. 4 Ch. 2A inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 15

[^key-ea4dbf7367b14e24b29e6b093af69e0f]: Pt. 4 Ch. 3A inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 18

[^key-863637b1566f1476d320ad6aaf7134b2]: Pt. 5 heading substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 20

[^key-a99f91c5d3faa8d79c58f9016e87cef5]: Pt. 6A inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 26

[^key-fff6b76f0360a47a8820e35c2a8c6353]: 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)

[^key-4e25d8b28bec5c82427a1ec04b1e236b]: 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)

[^key-44e458b28f67ce851a717c872b0bb886]: 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)

[^key-42e72cde05884e350a82d5c5c486996a]: 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)

[^key-980802938416e00451dd1e2150e1b170]: 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)

[^key-f9931b0c22490e0c64832bb61bf1fe03]: Word in reg. 33(4)(c) omitted (29.11.2023) by virtue of The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 24(c)

[^key-3b798419836d1657c15a0ea867ff0aa1]: Words in reg. 33(1) substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 24(a)

[^key-d5665583435fed135a907011a0957489]: Reg. 33(4)(e) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 24(d)

[^key-072f5269a0f262e13e710b8e109b5fba]: Words in reg. 33(3) substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 24(b)

[^key-b06a894454a6ab522eac6361bf5c28b1]: Words in reg. 34(1)(a) substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 25(a)(i)

[^key-d494a82ec0cfb9bf8e69e1174c85e896]: Words in reg. 34(1)(b) substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 25(a)(ii)

[^key-92c97480b66f29abf2ae9394d1e661d4]: Reg. 34(4)(c) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 25(b)

[^key-b55128c3d3de50b4cedb0187a1f84337]: Reg. 27(1)(d) substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 17(1)(b)

[^key-a0f155f783b73905e2032b95d37d5e1f]: Reg. 27(7) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 17(2)

[^key-5fd7104fac38d73d0e06aa696b7b85aa]: Reg. 27(1)(e) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 17(1)(c)

[^key-123dceffea9862751a82097b3636869a]: Word in reg. 27(1)(c) omitted (29.11.2023) by virtue of The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 17(1)(a)

[^key-3118a09d9521af50e2ef005732985519]: Words in reg. 31(a)(ii) substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 23(a)

[^key-4a56f4b77595c70a01ac091d918482fc]: Reg. 31(a)(iii) substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 23(b)

[^key-f5b1ff443b80508bc4bbdd34eca95d17]: Reg. 30(3A) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 22

[^key-b0464a1c92f0d5868788ed33cd8c6a3d]: Words in reg. 28(1)(c) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 19(1)(a)

[^key-f57231bba61a8c3f26e516ac0c62399b]: Word in reg. 28(1)(d) omitted (29.11.2023) by virtue of The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 19(1)(b)

[^key-58062571c1f9f3277562de6c18a69242]: Reg. 28(1)(f)-(i) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 19(1)(d)

[^key-d47014de51d38c7510c9abfa4fd711b9]: Words in reg. 28(1)(e) substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 19(1)(c)

[^key-3179ac0d0b6f58df6580c450f2edd8aa]: Reg. 28(2) substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 19(2)

[^key-390eb81b16e7f19153c56b0d8dfdae48]: Reg. 29 renumbered as reg. 29(1) (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 21(a)

[^key-4f6614f032a8bca41b16218992c4e8f4]: Reg. 29(1)(a)-(ac) substituted for reg. 29(1)(a) (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 21(b)

[^key-fc2b1af46c037acee8346368abd964c2]: Reg. 29(2) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 21(c)

[^key-fbd676bd042b7c8108b65541c6533657]: Reg. 26(3A) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 16(1)(a)

[^key-ed15e5b17224cf50b5c3d870ae660494]: Reg. 26(9) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 16(1)(c)

[^key-50a37bb8b7c6d2ba4b9ee16295f2ba5a]: Reg. 26(8) omitted (29.11.2023) by virtue of The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 16(1)(b)

[^key-352447c462674f86e7ee412ec15be03e]: Reg. 25(3)(4) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 13(c)

[^key-15224d3ca81528ed27df31021e7b3144]: Words in reg. 25(1) substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 13(a)

[^key-3735a4ff86002149b131a5b2f4468d33]: Word in reg. 25(2) substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 13(b)

[^key-22ae1cf029aea86c4c51724d85d3d9a5]: Reg. 10 renumbered as reg. 10(1) (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 6(a)

[^key-ebcea36733d43ddf0136e3630de0d92c]: Reg. 10(2) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 6(c)

[^key-3b3723019529f6fc8b19751fa27eea7a]: Words in reg. 10(1) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 6(b)(i)

[^key-232b17a3962849358e4dd8d2cc30dea0]: Reg. 10(1)(c)-(e) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 6(b)(iv)

[^key-4ed5682d73c095d15dbc13f7376852fc]: Words in reg. 10(1)(a) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 6(b)(ii)

[^key-6aa244a5fbdde7320f05ef0c00c889f7]: Words in reg. 10(1)(b) omitted (29.11.2023) by virtue of The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 6(b)(iii)

[^key-546a8867309fbb65259b4f1298f3a8d7]: Word in reg. 23(7)(a) omitted (29.11.2023) by virtue of The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 12(a)

[^key-8dbe372fc33a96fff1ac714e76231e43]: Reg. 23(7)(b) omitted (29.11.2023) by virtue of The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 12(b)

[^key-fb020087e184c71091281366e1e084dc]: Words in reg. 22(1) omitted (29.11.2023) by virtue of The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 11

[^key-1f232d42e5b2ce92236a8ff7b5c91134]: Words in reg. 19(4) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 8(a)

[^key-3f6f76bf83e1ab30612d42d4abbd2821]: Words in reg. 19(6) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 8(b)

[^key-58fd6a1792de3cc871ffae1927b733cf]: Words in reg. 17(1)(b) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 7(a)

[^key-6b4ab2c084e7982809656f811dacd312]: Words in reg. 17(2) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 7(b)

[^key-566e9c58dca09fbe1ee43338dca307bc]: Reg. 21(3) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 9

[^key-f2d4f70b9af8b49292f0ecf8297b5e44]: Words in reg. 8(1) substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 5

[^key-611c503c6bd32612aed6adb1813d501d]: Reg. 4(4) substituted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 4

[^key-92157df7b93d0fa85fa814af72dada3b]: Words in reg. 2(1) inserted (29.11.2023) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2023 (S.I. 2023/1182), regs. 1(2), 3

[^key-a8c71ac26b28d0ab36335e2044432a75]: Reg. 16(2)(b)(c) substituted for reg. 16(2)(b) (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 18(2)

1A

In paragraph 1—

• “amount A” means—where the qualification date is before IP completion day, 50 million euro;where the qualification date is on or after IP completion day, £44 million;

• “amount B” means—where the qualification date is before IP completion day, 43 million euro;where the qualification date is on or after IP completion day, £38 million.

Financial thresholds

3A

Paragraph 3 does not apply in respect of a qualification date on or after IP completion day.

Employee threshold

Change of status

Estimates

21A

• (1) Where a responsible undertaking uses an estimate in accordance with these Regulations it must record details of the method used to make the estimate.

• (2) Where a responsible undertaking uses an estimate in accordance with regulations 23(7), 25A(2), 25B(3) or 26(7)(b) it must—

• (a) notify the scheme administrator that an estimate was used, and

• (b) record in the evidence pack, the reasons why an estimate was used.

Conversion into kWh units

25A

• (1) Where a participant’s total energy consumption, or, if applicable, significant energy consumption, as calculated in accordance with this Chapter, is not measured in kWh, the responsible undertaking must convert the participant’s total energy consumption, or significant energy consumption into kWh.

• (2) The conversion under paragraph (1) must—

• (a) where reasonably practicable, be based on verifiable data, or

• (b) otherwise, be based on a reasonable estimate of the amount of energy consumed in kWh.

Chapter 2A — Calculations related to organisational purposes

Amount of energy consumption related to organisational purposes

25B

• (1) After calculating the participant’s total energy consumption in accordance with Chapter 2, the responsible undertaking must calculate—

• (a) in any case where the responsible undertaking has elected to identify the participant’s areas of significant energy consumption, the amount of the participant’s significant energy consumption that is attributable to each organisational purpose expressed in kWh, or

• (b) in any other case, the amount of the participant’s total energy consumption that is attributable to each organisational purpose, expressed in kWh.

• (2) When added together, the results of the calculations—

• (a) under paragraph (1)(a) must equal the participant’s significant energy consumption, or

• (b) under paragraph (1)(b) must equal the participant’s total energy consumption.

• (3) The calculations under paragraph (1)(a) or (b) must—

• (a) where reasonably practicable, be based on verifiable data, or

• (b) otherwise, be based on a reasonable estimate of the amount of the participant’s significant energy consumption or the amount of the participant’s total energy consumption, as the case may be, that is attributable to the organisational purpose.

Energy Intensity Ratio

25C

• (1) After carrying out the calculations referred to in regulation 25B(1)(a) or (b), the responsible undertaking must calculate at least one energy intensity ratio in relation to each organisational purpose.

• (2) Paragraph (1) does not apply in relation to an organisational purpose if the result of the calculation carried out under regulation 25B(1) in respect of the organisational purpose is zero.

• (3) In these Regulations, an “energy intensity ratio” in relation to an organisational purpose, is a ratio which expresses A in relation to B, where—

• “A” is the result of the calculation carried out under regulation 25B(1) in respect of the organisational purpose, and

• “B” is a quantifiable factor associated with assets held, or activities carried out by the participant for the organisational purpose, over the reference period.

Chapter 3A — ESOS Report

ESOS Report

27A

• (1) A responsible undertaking must produce an ESOS report in relation to each ESOS assessment.

• (2) Paragraph (1) does not apply in relation to an ESOS assessment carried out for a compliance period ending on or before 5th December 2019.

• (3) The ESOS report must be produced before the compliance date for the compliance period to which the ESOS assessment relates.

• (4) In these Regulations, an “ESOS report” is a written record containing—

• (a) the information required by paragraph (5),

• (b) where the responsible undertaking has conducted an energy audit under Chapter 3, the information required by paragraph (6),

• (c) where the participant is deemed to have complied with Chapter 3 by virtue of Part 6, the information required by paragraph (7),

• (d) the information specified in column 1 of Tables A, C and E in Schedule 3,

• (e) where the responsible undertaking is one of two or more relevant undertakings complying with the Scheme as one participant, the information specified in column 1 of Table B in Schedule 3, and

• (f) where a lead assessor is required to be appointed under regulation 21, the information specified in column 1 of Table D in Schedule 3.

• (5) An ESOS report must include—

• (a) the participant’s total energy consumption,

• (b) where the responsible undertaking has elected to identify the participant’s areas of significant energy consumption, the participant’s significant energy consumption, expressed in kWh, and the percentage of the participant’s total energy consumption it represents,

• (c) the energy intensity ratios calculated in accordance with regulation 25C, and

• (d) an estimate of energy savings achieved by the participant, produced in accordance with regulation 27B(1).

• (6) Where a responsible undertaking has conducted an energy audit under Chapter 3, the ESOS report must include in relation to the energy audit—

• (a) the information required to be recorded in accordance with sub-paragraphs (a) to (f) of regulation 26(9),

• (b) a description of the analysis carried out in accordance with regulation 27(1)(a),

• (c) the information referred to in sub-paragraphs (b) to (e) of regulation 27(1),

• (d) the sum of all the estimates made in accordance with regulation 27(1)(d)(vi) (annual reductions in energy spend and energy consumption),

• (e) for each organisational purpose, the sum of the estimates made in accordance with regulation 27(1)(d)(vi) in respect of energy saving opportunities that are identified in accordance with regulation 27(1)(d)(i) as most closely relating to that organisational purpose, and

• (f) for each energy saving category, the sum of the estimates made in accordance with regulation 27(1)(d)(vi) in respect of any energy saving opportunities that are identified in accordance with regulation 27(1)(d)(ii) as most closely relating to that energy saving category.

• (7) Where the participant is deemed to have complied with Chapter 3 by virtue of Part 6, an ESOS report must include—

• (a) where compliance is by virtue of regulation 33 (compliance with ISO 50001), information on which assets held, or activities carried on by the participant fall under the certified energy management system,

• (b) where compliance is by virtue of regulation 34 (display energy certificates and green deal assessments), information on which assets held, or activities carried on by the participant are connected to a building referred to in regulation 34(1),

• (c) the percentage of the participant’s total energy consumption that falls within regulation 33(2) or 34(2),

• (d) any way in which the participant can improve its energy efficiency that is recommended to the participant through its method of deemed compliance with Chapter 3 (“an energy saving measure”),

• (e) to the extent that the participant has obtained the information through its method of deemed compliance with Chapter 3—

• (i) the organisational purpose and the energy saving category to which each energy saving measure most closely relates,

• (ii) the estimated annual reduction in energy spend and energy consumption from implementing each energy saving measure,

• (iii) the sum of all the estimates made in accordance with paragraph (ii),

• (iv) for each organisation purpose, the sum of the estimates made in accordance with paragraph (ii) in respect of any energy saving measures that are identified in accordance with paragraph (i) as most closely relating to that organisational purpose, and

• (v) for each energy saving category, the sum of the estimates made in accordance with paragraph (ii) in respect of any energy saving measures that are identified in accordance with paragraph (i) as most closely relating to that energy saving category,

• (f) considerations relevant to the implementation of each energy saving measure, including, if applicable—

• (i) any considerations arising from an obligation of any person under Part 3 of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, in relation to any buildings used by the participant, and

• (ii) information on any existing schemes under which grants or public funds from the United Kingdom Government, Scottish Government, Welsh Government or Northern Ireland Government may be available to support implementation of the energy saving measure, and

• (g) a programme, including a timescale, for implementation of the energy saving measures (if any).

• (8) In this regulation—

• (a) references to a participant’s method of deemed compliance with Chapter 3 mean—

• (i) where compliance is by virtue of regulation 33, the certified energy management system referred to in that regulation,

• (ii) where compliance is by virtue of regulation 34(1)(a), the display energy certificate referred to in that regulation,

• (iii) where compliance is by virtue of regulation 34(1)(b), the qualifying Green Deal assessment referred to in that regulation.

• (b) references to a participant’s total energy consumption are references to the participant’s total energy consumption, in kWh, as calculated in accordance with Chapter 2.

Energy savings since the previous compliance date

27B

• (1) In preparation of an ESOS report under regulation 27A, a responsible undertaking must produce an estimate of energy savings achieved by the participant in the period beginning immediately after the previous compliance date and ending on the compliance date for the compliance period to which the ESOS report relates.

• (2) The responsible undertaking must also—

• (a) estimate the proportion of the energy savings referred to in paragraph (1) that most closely relates to each organisational purpose,

• (b) identify, where reasonably practicable, the measures implemented by the participant to achieve the energy savings referred to in paragraph (1), and

• (c) for each measure identified in accordance with sub-paragraph (b)—

• (i) identify the energy saving category to which the measure most closely relates, and

• (ii) calculate the payback period for the measure.

• (3) Paragraph (2)(c) does not apply to a measure unless the energy saving category to which the measure most closely relates, and the payback period for the measure, has been previously identified and calculated, as the case may be, in an energy audit under Chapter 3.

• (4) In this regulation, “payback period” has the same meaning in relation to a measure as it has in regulation 27(7) in relation to an energy saving opportunity or programme.

Disclosure of information to group undertaking

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.

Part 6A — ESOS action plan and ESOS progress update

ESOS action plan

34A

• (1) Following a notification by a responsible undertaking under regulation 29(1) in relation to a compliance period, the responsible undertaking must produce an ESOS action plan.

• (2) Paragraph (1) does not apply to a notification made under regulation 29(1) in relation to a compliance period ending on or before 5th December 2019.

• (3) An “ESOS action plan” is a written record—

• (a) setting out—

• (i) each measure to improve its energy efficiency that the participant proposes to implement before the end of the relevant compliance period,

• (ii) whether the measure was recommended by an energy audit in accordance with regulation 27(1)(c),

• (iii) the date by which the participant proposes to implement the measure,

• (iv) an estimate of the total energy savings that the participant reasonably expects to achieve during the relevant compliance period by implementing the measure, in energy measurement units,

• (v) an estimate of the amount of the energy savings referred to in paragraph (iv) that the participant reasonably expects to achieve in relation to each organisational purpose, in energy measurement units, and

• (vi) the method used to calculate the estimate under paragraph (iv), or

• (b) containing a statement that there is no measure to improve its energy efficiency that the participant proposes to implement before the end of the relevant compliance period.

• (4) Where the ESOS action plan contains an estimate in accordance with paragraph (3)(a)(iv), the responsible undertaking must identify whether the estimate is based on—

• (a) the estimated benefits calculated as part of the energy audit carried out in accordance with regulation 27(1)(d),

• (b) estimated energy savings calculated through a method of deemed compliance with Chapter 3 of Part 4, or

• (c) another reasonable estimation method.

• (5) Where an estimate is based on another reasonable estimation method by virtue of paragraph 4(c), the responsible undertaking must—

• (a) record a brief description of the method used to estimate the energy savings, and

• (b) record the reason for using this method in the evidence pack.

• (6) Using the Notification System, the responsible undertaking must notify the scheme administrator of the ESOS action plan by providing—

• (a) the ESOS action plan, and

• (b) the confirmation required by paragraph (8).

• (7) The notification required by paragraph (6) must be provided—

• (a) in relation to the compliance period beginning on 6th December 2019 by 5 December 2024, and

• (b) in relation to all other compliance periods, within the period starting on the first day of the relevant compliance period and ending on the day before the one-year anniversary of that date.

• (8) The notification required by paragraph (6) must include confirmation that—

• (a) the responsible officer is satisfied to the best of their knowledge that the responsible undertaking has complied with paragraphs (1) to (5), and

• (b) the responsible officer has seen and considered the ESOS action plan.

• (9) In paragraph (4)(b), references to the participant’s “method of deemed compliance with Chapter 3 of Part 4” have the same meaning as references to “method of deemed compliance with Chapter 3” in regulation 27A(8).

• (10) In this Regulation “relevant compliance period” means the compliance period following the compliance period to which the notification referred to in paragraph (1) relates.

ESOS progress update

34B

• (1) Following notification of an ESOS action plan under regulation 34A(6) (“the latest ESOS action plan”), the responsible undertaking must produce—

• (a) an ESOS progress update during the period starting on the one year anniversary of the first day of the relevant compliance period and ending on the day before the two year anniversary of the first day of the relevant compliance period (“an initial progress update”), and

• (b) an ESOS progress update during the period starting on the two year anniversary of the first day of the relevant compliance period and ending on the day before the three year anniversary of the first day of the relevant compliance period (“a further progress update”).

• (2) An ESOS progress update is a written record identifying any action taken by or on behalf of the participant since the relevant event to implement measures to improve the participant’s energy efficiency.

• (3) An ESOS progress update must include—

• (a) information identifying—

• (i) any measure set out in the latest ESOS action plan that the participant has implemented since the relevant event,

• (ii) whether such measure was implemented by any date specified for it in the latest ESOS action plan, and

• (iii) any measure set out in the latest ESOS action plan that the participant has not implemented by any date specified for it in the latest ESOS action plan, and

• (b) an estimate for the reduction in energy consumption that has been, or will be achieved during the relevant reporting period as a result of the actions identified in the ESOS progress update, calculated in energy measurement units, and

• (c) the method used to produce the estimate in accordance with sub-paragraph (b).

• (4) In relation to the estimate referred to in paragraph (3)(b), the responsible undertaking must identify whether the estimate is based on—

• (a) an estimate of the reduction in energy consumption produced as part of an energy audit carried out in accordance with regulation 27(1)(d)(vi),

• (b) an estimate included in the latest ESOS action plan, or

• (c) another reasonable estimation method.

• (5) Where an estimate is based on another reasonable estimation method by virtue of paragraph 4(c), the responsible undertaking must—

• (a) record a brief description of the method used to estimate the reduction in energy consumption, and

• (b) record the reason for using this method in the evidence pack.

• (6) Using the Notification System, the responsible undertaking must notify the scheme administrator of the ESOS progress update by providing—

• (a) the ESOS progress update, and

• (b) the confirmation required by paragraph (7)

within the relevant reporting period.

• (7) The notification required by paragraph (6) must include confirmation that—

• (a) the responsible officer is satisfied to the best of their knowledge that the responsible undertaking has complied with paragraphs (1) to (5), and

• (b) the responsible officer has seen and considered the ESOS progress update.

• (8) In this Regulation—

• “relevant compliance period” has the same meaning as in regulation 34A(10),

• “relevant event” means—in the case of an initial progress update, the notification of the latest ESOS action plan under regulation 34A(6);in the case of a further progress update, the notification of the initial progress update under paragraph (6).

• “relevant reporting period” means—in the case of an initial progress update, the period referred to in paragraph (1)(a);in the case of a further progress update, the period referred to in paragraph (1)(b).

7A

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)—

• (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.

7B

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 last date by which an ESOS action plan is required to be notified under regulation 34A(6), and ceases to be part of that group or participant before the last date by which an ESOS progress update is required to be notified under regulation 34B(6)—

• (a) may agree in writing with the highest parent that it will comply with regulation 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 regulation 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 regulation 34B on its own behalf, and

• (ii) be the responsible undertaking in relation to its compliance with that regulation.