Regulation 45 Failure to undertake an energy audit

(1)

The penalties in paragraph (2) apply where a responsible undertaking fails to carry out an audit, contrary to Chapter 3 of Part 4, F1except where regulation 33(3) or 33A applies.

(2)

The penalties are—

(a)

the financial penalties of—

(i)

an initial penalty of £50,000, or such lesser amount as the compliance body may determine, and

(ii)

a daily penalty of up to £500 for each working day the responsible undertaking remains in breach, starting on the day after the service of the compliance notice subject to a maximum of 80 working days, and

(b)

the publication penalty.

(3)

The penalty notice may specify the steps the compliance body requires the responsible undertaking to take, including conducting or completing an ESOS assessment, to remedy the breach, and the date by which such steps must be taken.

Annotations

Textual amendments

F1: Words in reg. 45(1) substituted (22.7.2026) by The Energy Savings Opportunity Scheme (Amendment) Regulations 2026 (S.I. 2026/701), regs. 1(2), 29