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The Energy Savings Opportunity Scheme (Amendment) Regulations 2023
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- UK Statutory Instruments
- 2023 No. 1182
- Regulation 27
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Schedule 2 amended (Groups of undertakings - Change of group)
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27. In Schedule 2, after paragraph 7 insert—
“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.”
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