Meet environmental compliance requirements
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UK Statutory Instrument
2014
United Kingdom
Energy Savings Opportunity Scheme Regulations 2014
At a glance
Enforced by
What's here
31 compliance obligations, 2 practical guides across 2 topics · 1 journey
Penalty landscape
2 of 31 obligations carry a fine up to £45,000. 5 carry different penalties and 24 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 22
- Director or Officer 2
- Trustee 1
Plus 6 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
2 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 duties
Trustees also bound by 8 other Acts (top 5 shown)
- Charities Act 2011 2011 25 duties
- Insolvency (England and Wales) Rules 2016 2016 11 duties
- Charities (Accounts and Reports) Regulations 2008 2008 10 duties
- Insolvency Act 1986 1986 5 duties
- Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 2017 3 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Introduction
Duty to review
Other duties (1) — Crown / regulator
- Secretary of State must review the Energy Savings Opportunity Scheme Crown / Minister / Government department
Browse 2 other sections in this Part — procedural / definitional / commencement
Citation and commencement
Interpretation
Part 2 — The Energy Savings Opportunity Scheme
Co-operation and sharing of information
Other duties (1) — Crown / regulator
- Compliance bodies must cooperate and share information Statutory regulator
Notification System
Other duties (1) — Crown / regulator
- Environment Agency must provide a system for ESOS notifications Statutory regulator
Provision of information to the Secretary of State
Other duties (1) — Crown / regulator
- Scheme administrator must provide ESOS information to the Secretary of State Statutory regulator
Publication of information
Other duties (1) — Crown / regulator
- Environment Agency must publish ESOS compliance and action plan data Statutory regulator
Approval bodies and approved registers
- Maintain approved registers of energy assessors and oversee competencies Any Person
Reviews of approval
Other duties (1) — Crown / regulator
- Environment Agency must review lead assessor approval bodies and registers Statutory regulator
Browse 5 other sections in this Part — procedural / definitional / commencement
Compliance periods
Scheme administrator
Compliance bodies
Lead assessors
Appeals
Part 3 — Undertakings
Participants
- Comply with ESOS as a group or individual participant Any Person
Browse 4 other sections in this Part — procedural / definitional / commencement
Part 4 — ESOS Assessments
Duty to carry out ESOS assessment
- Carry out an ESOS energy assessment Any Person
Duty to calculate total energy consumption
- Calculate your business's total energy consumption for ESOS Any Person
Duty to carry out an energy audit
- Carry out a mandatory energy audit Any Person
Evidence packs
Fine up to £5,000- Maintain an ESOS evidence pack Any Person
Amount of energy consumption related to organisational purposes
- Calculate and categorize energy consumption by organisational purpose Any Person
Conversion into kWh units
- Convert energy consumption data into kWh units Any Person
Disclosure of information to group undertaking
- Share relevant ESOS report and evidence pack sections with group companies Any Person
Estimates
- Record estimation methods and notify the scheme administrator Any Person
Browse 8 other sections in this Part — procedural / definitional / commencement
Role of the lead assessor
Energy consumption – general
Energy consumption - transport
Identification of areas of significant energy consumption
Identification of energy saving opportunities
Energy Intensity Ratio
Energy savings since the previous compliance date
ESOS Report
Part 5 — Notification and confirmation requirements for ESOS Assessments
Notification of compliance
Fine up to £45,000- Notify the Environment Agency of ESOS compliance Any Person
Responsible officers
- Appoint responsible officers for ESOS assessments Director or Officer
Confirmation to be given by responsible officer
- Ensure a responsible officer signs off your ESOS compliance notification Director or Officer
Part 6 — Alternative routes to compliance
Display Energy Certificates and Green Deal Assessments
- Use existing energy certificates to satisfy ESOS requirements Any Person
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 6A — ESOS action plan and ESOS progress update
ESOS progress update
- Submit ESOS progress updates on energy saving actions Any Person
Browse 1 other section in this Part — procedural / definitional / commencement
ESOS action plan
Part 7 — Compliance and Enforcement
Other information
- Notify the scheme administrator of any breaches of the ESOS Regulations Any Person
Browse 3 other sections in this Part — procedural / definitional / commencement
Part 8 — Civil penalties and breaches
Penalty notices
Unlimited fine- Breach of Energy Savings Opportunity Scheme (ESOS) regulations Any Person
Effect of publication penalty
- Public naming and shaming for energy audit failures Any Person
Failure to undertake an energy audit
Fine up to £90,000- Fail to carry out a required energy audit Any Person
Failure to comply with notice
Fine up to £45,000- Fail to comply with an ESOS enforcement or penalty notice Any Person
False or misleading statement
Fine up to £50,000- Provide false or misleading information Any Person
Browse 4 other sections in this Part — procedural / definitional / commencement
Part 9 — Appeals and service of documents
Browse 4 other sections in this Part — procedural / definitional / commencement
Part 10 — Application of these Regulations with modifications to relevant trust assets
Participants and responsible undertakings in relation to relevant trust assets
- Establish responsibility for ESOS compliance regarding trust assets Trustee
Browse 1 other section in this Part — procedural / definitional / commencement
Relevant trust assets
Schedules
Groups of undertakings
- Decide how your corporate group or franchise will comply with ESOS Any Person
Information to be included in ESOS report, to be notified to scheme administrator and to be published by scheme administrator
- Submit energy audit data and contact details to the Scheme Administrator Any Person
Appeals procedure
- Appeal an ESOS enforcement notice or penalty Any Person
Browse 51 other Schedules — structural / supplementary
Relevant undertakings
Large undertakings, and small or medium undertakings
The number of persons employed by an undertaking on the...
Change of status
In paragraph 1— “ amount A ” means— where the...
Financial thresholds
Any conversion into euro of the annual turnover or the...
Paragraph 3 does not apply in respect of a qualification...
In this Schedule “turnover” has the meaning given in section...
In relation to an undertaking the directors of which are...
In relation to an undertaking the directors of which are...
In relation to an undertaking where individual accounts are not...
Employee threshold
For the purposes of this Schedule, a person is employed...
Aggregation
Compliance of franchise undertakings as a group
Where paragraph 10 applies, those franchise undertakings must agree in...
In these Regulations— (a) a “franchise agreement” exists where one...
Determinations
Where paragraph 1 applies, all the highest parents in those...
Disaggregation
An undertaking may only comply with the Scheme other than...
Where an undertaking complies as an individual participant in accordance...
Where two or more undertakings comply as one participant in...
Change of group
Any undertaking which is a member of a highest parent...
Any undertaking which is a member of a highest parent...
Where paragraph 7(a) or (b) applies, the undertaking must use...
Where paragraph 7(c) applies, the undertaking is the responsible undertaking...
This Part applies to appeals against determinations made, and enforcement...
The Planning Appeals Commission must as soon as is reasonably...
An appellant may withdraw an appeal by notifying the Planning...
Notice of appeal in accordance with paragraph 9 is to...
The Planning Appeals Commission must determine the appeal and paragraphs...
The Planning Appeals Commission must determine the process for determining...
An appeal under this Part must be accompanied by a...
The standard of proof to be applied by the Planning...
The Scottish Ministers must appoint an independent person to hear...
A person who wishes to appeal to the Scottish Ministers...
The Scottish Ministers must as soon as is reasonably practicable...
An appellant may withdraw an appeal by notifying the Scottish...
Notice of appeal in accordance with paragraph 3 is to...
The standard of proof to be applied by the Scottish...
This Part applies to appeals against determinations made, and enforcement...
A person who wishes to appeal to the Planning Appeals...
Modification of the application of these Regulations in relation to certain relevant trust assets
(1) Part 3 applies with the following modifications.
(1) Part 4 applies with the following modifications.
(1) Part 6 applies with the following modifications.
(1) Part 6 applies with the following modifications—
(1) Schedule 3 applies with the following modifications—
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Browse 62 other unclassified sections
Citation and commencement
Interpretation
Duty to review
Compliance periods
Scheme administrator
Compliance bodies
Co-operation and sharing of information
Notification System
Provision of information to the Secretary of State
Publication of information
Lead assessors
Approval bodies and approved registers
Reviews of approval
Appeals
Relevant undertakings
Excluded undertakings
Participants
Role of the responsible undertaking
Determination of the responsible undertaking
Duty to carry out ESOS assessment
Role of the lead assessor
Estimates
Duty to calculate total energy consumption
Energy consumption – general
Energy consumption - transport
Identification of areas of significant energy consumption
Conversion into kWh units
Amount of energy consumption related to organisational purposes
Energy Intensity Ratio
Duty to carry out an energy audit
Identification of energy saving opportunities
ESOS Report
Energy savings since the previous compliance date
Disclosure of information to group undertaking
Evidence packs
Notification of compliance
Responsible officers
Confirmation to be given by responsible officer
Energy consumption not subject to audit
Compliance with ISO 50001
Display Energy Certificates and Green Deal Assessments
ESOS action plan
ESOS progress update
Compliance notices
Inspection
Other information
Enforcement notices
Penalty notices
Effect and recovery of financial penalty
Effect of publication penalty
Discretion in waiving, imposition and modification of civil penalties
Failure to notify
Failure to maintain records
Failure to undertake an energy audit
Failure to comply with notice
False or misleading statement
Appeals
Effect of an appeal
Determination of an appeal
Service of documents
Relevant trust assets
Participants and responsible undertakings in relation to relevant trust assets
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- ESOS group rules (GOV.UK) (opens in a new tab) Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Environmental protection in England. Regulates waste, emissions, water quality, flood risk, and environmental permits for industrial activities. Enforces environmental law and issues …
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Regulators
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