Healthcare update - issue 14


The CRC Energy Efficiency Scheme – have you registered yet?


Since our last update the CRC Energy Efficiency Scheme (CRC) is now in force. The final Order (which you will recall from earlier updates was expected by the end of last year!) was not passed until 22 March 2010 just days before the long expected formal start date of 1 April.

The effect of this is that many organisations have fallen behind with ensuring their registration for the scheme. However, as the largest public sector emitter of carbon emissions, the NHS has a vital role to play in the CRC and must ensure prompt compliance. We take a closer look at the points you need to note.

Validation

Registration includes a stage called “validation” which is undertaken by the administrator, the Environment Agency (EA). This can take a minimum of two weeks and the administrator may request that further information be provided which could mean that this stage takes even longer. The entire process must be completed by 30th September 2010 and if organisations only complete the initial submission of information at the end of August it is likely they will fail to register by the deadline. There are severe penalties for missing this deadline (see last issue) and the names of organisations who have not registered by the deadline are likely to be published on the CRC website from next year. In a world of increased political scrutiny of public bodies and the related reputational risks this is something NHS Trusts should be keen to avoid!

Registration fees

For those Trusts required to register, once an information disclosure has been submitted and before the registration process can be completed a participant registration charge of £950 will be payable which covers the process of registration and carrying out the necessary checks to enable a ‘compliance account’ to be opened. This account will monitor the Trusts progress and will ensure its compliance is fully auditable.

So following registration, what then? Three points to consider are:

1. Subsistence charges

Once a Trust has registered as a participant, it has to pay an annual subsistence charge of £1,290 which is payable in full in April of each year. This charge covers the costs associated with organisations participation in the scheme in each compliance year and will not be refunded if you leave (after successfully reducing your emissions to below the threshold) or join the CRC part way through a year. Trusts should ensure that their finance team is involved in the registration process and that the CRC timetable is reflected in the Trusts financial planning.

2. Audits

The administrator will audit approximately 20% of participants each year so Trusts in the CRC should anticipate being audited once every five years. Participants will be selected on the basis of certain risk criteria and administrators are currently developing a risk assessment framework to determine how selection will take place. Developing an internal auditing process based on this framework may assist Trusts in anticipating any risks and allow Trusts to report regularly to their Boards regarding the management of any issues. The CRC also supports the NHS’s pledge to reduce carbon emissions as outlined in the NHS’s 2009 Carbon Reduction Strategy ‘Saving Carbon, Improving health’ and the development of an internal framework will also assist updates to the Board regarding the Trusts sustainability generally, a subject which is likely to become a permanent feature on Board agendas in the near future.

3. Allowances and league tables

More than 20,000 organisations will have to register with the EA by the end of September this year. However approximately 5,000 of these organisations, – (those organisations that used at least 6,000 megawatt hours (MWh) of half hourly metered electricity in 2008) will have to report their emissions and from 2011, buy ‘allowances’ for every tonne of CO2 they emit. The aim being to quantify the amount of energy that organisations use and make them take direct responsibility for reducing their emissions.

During the 2011-2012 (the introductory phase) allowances will be sold at a fixed price of £12 per tonne of CO2. All money raised from allowance sales will be used as reward payments for those participants who effectively reduce their emissions. Poor performers will not receive rewards and from next year the EA will publish an annual league table highlighting the best and worst performers. Prudent Trusts will recognise that the proactive adoption of innovative energy efficiency solutions now will not only increase their chances of making it into the best performer’s lists but, as sustainability becomes an increasingly important strategic priority by which Trusts will be measured, also reflect on the efficiency of the Trust as a whole.

Should you have any queries on the registration process or would like to discuss ways of making CRC a key priority for your organisation then we would be delighted to hear from you.

talk to us


picture of Nicola Darby
Nicola Darby
0115 976 6579
Solicitor
picture of Thomas Howard
Thomas Howard
0121 237 3951
Partner
 

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The content of this update is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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