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How car dealers can navigate the legal minefield in 2015

Despite their obvious importance to you and your business, you may be getting a little tired of hearing the letters F, C, and A, especially if your business is already fully compliant. But what about non-FCA regulation changes on the horizon? We asked a selection of legal experts for their advice on regulatory developments in the year ahead:

 

Steve Freeman, Partner and National  Head of Motor, MHA MacIntyre HudsonSteve Freeman, partner and national head of motor, MHA MacIntyre Hudson

ESOS compliance

The Energy Saving Opportunity Scheme (ESOS) is the UK implementation of new EU legislation requiring a mandatory programme of energy audits for ‘large enterprises’ (more than 250 employees or a turnover in excess of €50million and a balance sheet in excess of €43m).

Audits will measure total energy consumption for buildings, industrial processes and transport, areas of significant energy consumption, cost-effective energy efficiency recommendations for areas of significant energy consumption and report compliance to the Environment Agency.

Although this could be considered an administrative burden, it is also an opportunity to examine the energy use and efficiency of sites and identify cost-effective energy-saving measures. For example, by installing new LED lighting, power consumption and CO2 levels could be reduced, also reducing overhead costs.

An initial audit is required by December 5, 2015, then at least once every four years. Failure to comply will result in a penalty of up to £50,000 and/or an additional £500 per day penalty (subject to a maximum of 80 days) for each day after the compliance date that the organisation remains non-compliant and/or publication of details of non-compliance.

Dealers will need to appoint a ‘lead energy assessor’, who must be registered through an approved professional body.

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