Energy Act 2023

259 Action to achieve energy savings or emissions reductions

(1) ESOS regulations may make provision—

(a) imposing requirements (other than the requirements referred to in paragraph (b)) on participants so as to encourage them to—

(i) take specified action for the purpose of achieving energy savings or emissions reductions, or

(ii) achieve specified energy savings or emissions reductions, or

(b) requiring participants to—

(i) take specified action for the purpose of achieving energy savings or emissions reductions, or

(ii) achieve specified energy savings or emissions reductions.

(2) The kinds of action that may be specified for the purposes of subsection (1) are—

(a) taking action in accordance with a recommendation made in an ESOS assessment;

(b) taking action in accordance with an ESOS action plan;

(c) taking any other action of a specified kind;

(d) taking action to achieve a target included in an ESOS action plan;

(e) taking action to achieve any other specified outcome;

(f) adopting processes, practices or systems of a specified kind;

(g) conforming to specified standards.

(3) The provision that may be made by virtue of subsection (1)(a) includes in particular—

(a) provision requiring a participant to report—

(i) on whether the participant has taken the specified action, or on the steps taken by the participant towards doing so, or

(ii) on whether the participant has achieved the specified energy savings or emissions reductions, or on the progress made by the participant towards doing so;

(b) provision requiring a participant to provide an explanation for any of the matters mentioned in paragraph (a).

(4) Provision made by virtue of subsection (1)(b) may include a requirement for a participant to report on action taken or energy savings or emissions reductions achieved.

(5) Regulations made by virtue of subsection (1) may make provision—

(a) requiring participants to produce and retain evidence;

(b) about the verification of matters about which the participant has reported;

(c) about the publication of reports.

(6) ESOS regulations may—

(a) specify the requirements imposed on a participant by virtue of subsection (1) by reference to a cost-benefit analysis;

(b) specify circumstances in which a participant is required to take action;

(c) impose a requirement to take a specified action on all participants in an energy savings opportunity scheme, or on all participants of a specified description.