The Energy Savings Opportunity Scheme (Amendment) Regulations 2023

Regulations 25B and 25C inserted as new Chapter in Part 4 (calculations related to organisational purposes)

15.  After regulation 25A, insert—

“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.”