(1)The Secretary of State may by regulations (“ESOS regulations”) make provision for the establishment and operation of one or more energy savings opportunity schemes.
(2)An “energy savings opportunity scheme” is a scheme under which obligations are imposed on undertakings to which the scheme applies for one or more of the ESOS purposes.
(3)The ESOS purposes are—
(a)enabling or requiring the energy consumption for which an undertaking is responsible, or the greenhouse gas emissions resulting from that consumption, to be assessed, audited, reported and published;
(b)enabling or requiring possible energy savings or emissions reductions to be identified and recommended;
(c)enabling or requiring the costs and benefits of possible energy savings or emissions reductions to be assessed;
(d)encouraging or requiring undertakings to produce plans or set targets for achieving energy savings or emissions reductions;
(e)encouraging or requiring undertakings to take action for the purpose of achieving energy savings or emissions reductions;
(f)encouraging or requiring undertakings to achieve energy savings or emissions reductions.
(4)An energy saving is a reduction in the energy consumption for which an undertaking is responsible.
(5)An emissions reduction is a reduction in the greenhouse gas emissions that result from the energy consumption for which an undertaking is responsible (whether or not that consumption is also reduced).
(6)ESOS regulations may make provision about determining—
(a)the energy consumption for which an undertaking is responsible;
(b)the greenhouse gas emissions resulting from that consumption.
(7)ESOS regulations may—
(a)impose requirements on any person;
(b)confer functions on any person;
(c)provide for a person to exercise discretion in dealing with any matter.
(8)The provision made by this Part is without prejudice to the generality of subsection (1).
(9)For the purposes of this Part—
(a)the scheme established by the Energy Savings Opportunity Scheme Regulations 2014 (S.I. 2014/1643) is to be treated as having been established by provision made under subsection (1);
(b)a reference to a scheme administrator includes a reference to a compliance body within the meaning given by those Regulations.
Commencement Information
I1S. 254 in force at Royal Assent, see s. 334(2)(m)