Part 11: Energy Savings Opportunity Schemes Section 263: ESOS regulations: procedure etc
This section establishes procedural requirements for the making of ESOS regulations. Subsection (1) contains a general duty for the Secretary of State to consult those likely to be affected by the regulations.
	Subsections (3) to (8) require the Secretary of State to consult devolved authorities in Scotland, Wales or Northern Ireland where the regulations contain provisions within devolved competence. For regulations that have effect in relation to the compliance period beginning 6 December 2019, there is a general duty to consult with devolved authorities on such provisions. Otherwise, an enhanced consultation duty applies where regulations contain provisions within devolved competence, which includes requirements on giving of notice of the intention to make ESOS regulations, describing any provisions within devolved competence, and allowing a minimum of 28 days’ notice for representations to be made.
	Subsection (9) allows regulations to create exceptions to requirements in regulations and subsection (10) allows regulations to provide for application to the Crown.
	Subsections (11) and (12) set out when regulations would be subject to the affirmative parliamentary procedure, and which would be subject to the negative procedure.