Penalties, Enforcement & Appeals

The scheme compliance bodies will have the authority to apply civil penalties against an organisation/group found to be required to participate in ESOS and found to be non-compliant with its requirements, and publish information on non-compliance.

For failure to notify the Scheme Administrator of compliance by the required date and/or failure to provide basic details as part of notification, there will be a fixed penalty and an additional penalty for each day of non-compliance.

The compliance bodies may impose some or all of the penalties below:

• For failure to notify the Scheme Administrator of compliance by the required date and/or failure to provide basic details as part of notification, there will be a fixed penalty up to £5,000 and an additional £500 penalty for each day of non-compliance.
• For failure to maintain adequate records to demonstrate compliance with ESOS the penalty which can be applied is: a fixed penalty of up to £5,000;
• For failure to undertake an ESOS Assessment there will be a discretionary penalty and a fixed monetary penalty. Failure to comply with any aspect of an ESOS Assessment (not using sufficient data, not using a Lead Assessor etc.) would be considered failure to comply.
• Failure to comply with an enforcement, compliance or penalty notice will incur a fixed penalty and an additional one for each day of non-compliance. The penalties are: a fixed penalty of up to £5,000; and/or an additional £500 for each day.
• For making a statement which is false and misleading there will be a monetary penalty of up to £50,000 !

Participants have the right to appeal any determination, enforcement notice or penalty notice that is based on an error of fact; wrong in law; or unreasonable.