Energy Savings Opportunity Scheme (ESOS)—issues in corporate (private M&A) transactions
Produced in partnership with King & Wood Mallesons
Energy Savings Opportunity Scheme (ESOS)—issues in corporate (private M&A) transactions

The following Environment practice note produced in partnership with King & Wood Mallesons provides comprehensive and up to date legal information covering:

  • Energy Savings Opportunity Scheme (ESOS)—issues in corporate (private M&A) transactions
  • Brexit impact
  • The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018
  • The Energy Savings Opportunity Scheme (ESOS)
  • Qualification criteria
  • Issues to consider in corporate (private M&A) transactions
  • Due diligence
  • Sale and purchase agreement issues
  • Disaggregation and aggregation
  • Organisation changes
  • More...

Brexit impact

11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

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

Regulation 2 of the Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018, SI 2018/1342 (ESOS EU Exit Regulations) came into effect on 3 January 2019, with regulation 3 coming into effect on IP completion date. Regulation 2 provides that undertakings who choose to comply with the ESOS Regulations by way of having an energy management system certified in compliance with ISO 50001 may do so by reference to the 2011 issue or the 2018 issue of that international standard. Regulation 3(2) preserves the option for the certification of compliance with ISO 50001 to be obtained from a body that has been accredited by the UK’s national accreditation body, whether or not the UK’s national accreditation body continues to be a member of the International Accreditation Forum.

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