The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018

Made: 11th December 2018

Laid before Parliament: 13th December 2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and section 8(1) of the European Union (Withdrawal) Act 2018 .

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to energy and energy sources .

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation and commencement

1

• (1) These Regulations may be cited as the Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018.

• (2) This regulation and regulation 2 come into force on the 21st day after the day on which these Regulations are laid before Parliament.

• (3) Regulation 3 comes into force on exit day.

Amendment of the Energy Savings Opportunity Scheme Regulations 2014: European Communities Act 1972

2

• (1) The Energy Savings Opportunity Scheme Regulations 2014 are amended as follows.

• (2) In regulation 33(4)(c), after “use””, insert “ or the international standard “50001:2018 Energy management systems – Requirements with guidance for use” ”.

Amendment of the Energy Savings Opportunity Scheme Regulations 2014: European Union (Withdrawal) Act 2018

3

• (1) The Energy Savings Opportunity Scheme Regulations 2014 are amended as follows.

• (2) In regulation 33(4)—

• (a) in sub-paragraph (a)—

• (i) in paragraph (ii), after “body”, insert “ of a Member State ”;

• (ii) after paragraph (ii), insert—

(iii) the national accreditation body of the United Kingdom appointed in accordance with Article 4(1) of Regulation (EC) No 765/2008 of the European Parliament and of the Council ,

• (b) in sub-paragraph (d)—

• (i) after “body” in the first place it occurs, insert “ of a Member State ”;

• (ii) after “of the Council”, insert “ as it has effect in EU law ”.

• (3) In Schedule 1—

• (a) in paragraph 1—

• (i) for “50 million euro” in both places where it occurs, substitute “ amount A ”;

• (ii) for “43 million euro” in both places where it occurs, substitute “ amount B ”;

• (b) after paragraph 1, insert—

(1A) In paragraph 1— - “amount A” means— 1. where the qualification date is before IP completion day, 50 million euro; 2. where the qualification date is on or after IP completion day, £44 million; - “amount B” means— 1. where the qualification date is before IP completion day, 43 million euro; 2. where the qualification date is on or after IP completion day, £38 million.

• (c) after paragraph 3 insert—

(3A) Paragraph 3 does not apply in respect of a qualification date on or after IP completion day.

Signed

Claire Perry — Parliamentary Under Secretary of State — 2018-12-11

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68. Section 2(2) is amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The European Communities Act 1972 will be repealed on exit day by section 1 of the European Union (Withdrawal) Act 2018 (c.16).

[^f00002]: 2018 c.16.

[^f00003]: S.I. 2010/761.

[^f00004]: S.I. 2014/1643, as amended by S.I. 2015/102, S.S.I. 2015/446, S.I. 2015/1731 and S.I. 2016/992.

[^f00005]: ISO 50001:2018 “Energy management systems – Requirements with guidance for use” was published in August 2018 by the International Organization for Standardization. Under reference BS EN ISO 50001:2018, it is published as a UK standard by the British Standards Institution (ISBN 978 0 580 93443 8).

[^f00006]: Regulation 3 of the Accreditation Regulations 2009 (S.I. 2009/3155) appoints the United Kingdom Accreditation Service for the purposes of Article 4(1) of Regulation (EC) No 765/2008.

Editorial notes

[^c23526401]: 1972 c.68. Section 2(2) is amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The European Communities Act 1972 will be repealed on exit day by section 1 of the European Union (Withdrawal) Act 2018 (c.16).

[^c23526411]: 2018 c.16.

[^c23526421]: S.I. 2010/761.

[^c23526431]: S.I. 2014/1643, as amended by S.I. 2015/102, S.S.I. 2015/446, S.I. 2015/1731 and S.I. 2016/992.

[^c23526441]: ISO 50001:2018 “Energy management systems – Requirements with guidance for use” was published in August 2018 by the International Organization for Standardization. Under reference BS EN ISO 50001:2018, it is published as a UK standard by the British Standards Institution (ISBN 978 0 580 93443 8).

[^c23526451]: Regulation 3 of the Accreditation Regulations 2009 (S.I. 2009/3155) appoints the United Kingdom Accreditation Service for the purposes of Article 4(1) of Regulation (EC) No 765/2008.

[^key-9a1052823512587cf253bc96dd0dcdf3]: Reg. 2 in force at 3.1.2019, see reg. 1(2)

[^key-06a16bd8aa29df333d8ef0f8d8950e2b]: Reg. 1 in force at 3.1.2019, see reg. 1(2)

[^key-e75e53aa8bf10afd57b9f116b38929ed]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^key-2638ecae9f2a748085c3b86d357a69eb]: Words in reg. 3(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Climate Change Agreements, CRC Energy Efficiency Scheme and Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/711), regs. 1(2), 4(2)(a)

[^key-b03ed814744e4a589d14857ccbd6a581]: Reg. 3(3)(c) substituted (31.12.2020 immediately before IP completion day) by The Climate Change Agreements, CRC Energy Efficiency Scheme and Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/711), regs. 1(2), 4(2)(b)