# The Energy Savings Opportunity Scheme Regulations 2014, Regulation 34A: ESOS action plan


(1) Following a notification by a responsible undertaking under regulation 29(1) in relation to a compliance period, the responsible undertaking must produce an ESOS action plan.
(2) Paragraph (1) does not apply to a notification made under regulation 29(1) in relation to a compliance period ending on or before 5th December 2019.
(3) An “ESOS action plan” is a written record—
(a) setting out—
(i) each measure to improve its energy efficiency that the participant proposes to implement before the end of the relevant compliance period,
(ii) whether the measure was recommended by an energy audit in accordance with regulation 27(1)(c),
(iii) the date by which the participant proposes to implement the measure,
(iv) an estimate of the total energy savings that the participant reasonably expects to achieve during the relevant compliance period by implementing the measure, in kWh,
(v) an estimate of the amount of the energy savings referred to in paragraph (iv) that the participant reasonably expects to achieve in relation to each organisational purpose, in kWh, and
(vi) the method used to calculate the estimate under paragraph (iv), or
(b) containing a statement that there is no measure to improve its energy efficiency that the participant proposes to implement before the end of the relevant compliance period.
(4) Where the ESOS action plan contains an estimate in accordance with paragraph (3)(a)(iv), the responsible undertaking must identify whether the estimate is based on—
(a) the estimated benefits calculated as part of the energy audit carried out in accordance with regulation 27(1)(d),
(b) estimated energy savings calculated through a method of deemed compliance with Chapter 3 of Part 4, or
(c) another reasonable estimation method.
(5) Where an estimate is based on another reasonable estimation method by virtue of paragraph 4(c), the responsible undertaking must—
(a) record a brief description of the method used to estimate the energy savings, and
(b) record the reason for using this method in the evidence pack.
(6) Using the Notification System, the responsible undertaking must notify the scheme administrator of the ESOS action plan by providing—
(a) the ESOS action plan, and
(b) the confirmation required by paragraph (8).
(7) The notification required by paragraph (6) must be provided—
(a) in relation to the compliance period beginning on 6th December 2019 by 5 December 2024, and
(b) in relation to all other compliance periods, within the period starting on the first day of the relevant compliance period and ending on the day before the one-year anniversary of that date.
(8) The notification required by paragraph (6) must include confirmation that—
(a) the responsible officer is satisfied to the best of their knowledge that the responsible undertaking has complied with paragraphs (1) to (5), and
(b) the responsible officer has seen and considered the ESOS action plan.
(9) In paragraph (4)(b), references to the participant’s “method of deemed compliance with Chapter 3 of Part 4” have the same meaning as references to “method of deemed compliance with Chapter 3” in regulation 27A(8).
(10) In this Regulation “relevant compliance period” means the compliance period following the compliance period to which the notification referred to in paragraph (1) relates.
(11) This regulation does not apply to a participant which is deemed to have complied with this Part by virtue of regulation 33A.

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Source: https://www.legislation.gov.uk/uksi/2014/1643/regulation/34A (the official version)
Page: https://openlegislation.uk/energy-savings-opportunity-scheme-regulations-2014/regulation-34A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.