Explanatory note

These Regulations are made under section 2(2) of the European Communities Act 1972 (c. 68) and in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16).

These Regulations amend the Energy Savings Opportunity Scheme Regulations 2014 (S.I. 2014/1643) (‘the ESOS Regulations’) which impose obligations on certain undertakings to conduct energy assessments every 4 years.

Regulation 2 is made under section 2(2) of the European Communities Act 1972 to provide that undertakings who choose to comply with the ESOS Regulations by way of having an energy management system certified in compliance with ISO 50001 may do so by reference to the 2011 issue or the 2018 issue of that international standard.

Regulation 3 is made in order to address failures in retained EU law to operate effectively arising from the withdrawal of the UK from the European Union (in particular, under paragraphs (d) and (g) of section 8(2) of the European Union (Withdrawal) Act 2018). Regulation 3(2) preserves the option for the certification of compliance with ISO 50001 to be obtained from a body that has been accredited by the United Kingdom's national accreditation body, whether or not the United Kingdom's national accreditation body continues to be a member of the International Accreditation Forum. Regulation 3(3) amends financial thresholds which are part of the test for whether an undertaking is a “relevant undertaking” and required to comply with the ESOS Regulations. The financial thresholds are amended to convert them from euros into sterling.

Digital and hard copies of ISO 50001:2018 referred to in regulation 2 can be purchased online from the International Organization for Standardization (ISO) (www.iso.org). A digital copy can also be purchased online from the British Standards Institution at www.bsigroup.com. A hard copy can also be purchased by post from the BSI Group Customer Services Department at 389 Chiswick High Road, London W4 4AL (Tel: 0345 086 9001). A copy is available for inspection free of charge during normal office hours of the Department for Business, Energy and Industrial Strategy at 1 Victoria Street, London SW1H 0ET.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.