Technical Corrections to ESOS Regulations Explanatory Note

Published: Thu 2nd Jul 26

Corrected typographical and factual errors in the Explanatory Note of the Energy Savings Opportunity Scheme (Amendment) Regulations 2026.

This document issues formal corrections to the Explanatory Note of the Energy Savings Opportunity Scheme (Amendment) Regulations 2026.

It modifies specific terminology related to group structures, corrects a technical reference to an international energy management standard, and replaces the statement regarding the impact assessment with updated contact information and a revised assessment status.

These corrections apply to the administrative and explanatory context of the primary regulations rather than altering the statutory instruments themselves.

Arguments For

The document states that corrections are necessary to ensure the linguistic accuracy of the Explanatory Note, specifically regarding the definition of a group versus a group undertaking.
The document asserts that the correction to technical terminology—changing 'ISO 5001' to 'ISO 50001'—is required to correctly identify the relevant international standard for energy management.
The document notes that the revised text regarding the impact assessment accurately reflects that no significant impact on the private, voluntary, or public sectors is foreseen, thereby justifying the use of a de minimis assessment instead of a full impact assessment.

Arguments Against

Legal practitioners might observe that inaccuracies in the initial Explanatory Note could lead to temporary confusion regarding the compliance standards for energy management and reporting.
Some stakeholders could argue that the late-stage correction of the impact assessment statement—moving from the claim of a full assessment to a de minimis assessment—reflects an initial mischaracterization of the regulatory burden.

Page 14, Explanatory Note, second paragraph: 'that group undertaking which' should read 'that group which';

Amends the second paragraph of the Explanatory Note by removing the word 'undertaking' from a reference to a group.

This clarifies that the term refers to the group as a whole rather than a specific entity within it.

Page 14, Explanatory Note, sixth paragraph: 'ISO 5001' should read 'ISO 50001';

Corrects a technical typo in the sixth paragraph of the Explanatory Note.

It replaces the incorrect reference 'ISO 5001' with 'ISO 50001', which is the international standard for energy management systems.

Page 15, Explanatory Note, the last paragraph: 'A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector has been produced and is published alongside these Regulations on www.legislation.gov.uk. Hard copies are available from the Department for Energy, Security and Net Zero, 55 Whitehall, London SW1A 2HP.' should read 'A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sectors is foreseen. A de minimis impact assessment is available from the Department for Energy Security and Net Zero, 3-8 Whitehall Place, London, SW1A 2AW.'.

Replaces the final paragraph of the Explanatory Note to state that a full impact assessment was not produced because the regulation's impact is deemed insignificant.

It provides a new address for obtaining a de minimis impact assessment from the Department for Energy Security and Net Zero.

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