Statutory Instruments
2018 No. 1342
Exiting The European Union
Energy
The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018
Sift requirements satisfied
6th December 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—
where the qualification date is before IP completion day , 50 million euro;
where the qualification date is on or after IP completion day , £44 million;
“ amount B ” means—
where the qualification date is before IP completion day , 43 million euro;
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. ” .
Claire Perry
Parliamentary Under Secretary of State
Department for Business, Energy and Industrial Strategy