healthcare update - issue eight


Getting your (green) house in order


With the Copenhagen Summit dominating the recent news agenda, climate change prevention measures are hot topics at the moment. However, the quest to agree new targets may detract from the existing commitments put in place.

1 April 2010 is the start date for the UK’s offering – the Carbon Reduction Commitment Energy Efficiency Scheme (CRC). The British government is committed to reducing carbon emissions within the UK by 60% by 2050, in comparison to 1990 levels. As part of this commitment, the government will be targeting energy intensive organisations in 2010 to reduce their level of carbon emissions.

If you are a trust board member or an estate manager in the NHS, this will affect you!

Over the coming months we will examine different aspects of the CRC, together with the penalties and ways in which liability is correctly apportioned. In the first of these articles, we take a look below at the key issues you need to be thinking about now.

The CRC applies to organisations which fulfil both of the following:

  • Have at least one half hourly meter (HHM) settled on the half hourly electricity market
  • Consumes over 6,000 MWh of half hourly electricity through all of its HHMs during a ‘qualification period’ - usually the financial year before the start of a phase but for this initial phase it is expected to be the 2008 calendar year. (For those not familiar with their MWh usage, this is equivalent to approximately £500,000 annual spend)

It is less well known, however, that every organisation with one or more HHM must still register with the Environment Agency by August 2010, even if it is simply to confirm that they do not consume the requisite electricity.

Three key points to consider now are:

Has your qualification pack arrived from the Environment Agency (EA)?
EA is the administrator of CRC in England and Wales. A pack should have been sent to all affected organisations within the last couple of months. If you are unsure whether your pack has arrived then a request should be made to EA.

Are your 2008 electricity records easily available?
These will be needed to determine your ‘qualification year’ consumption. You should also ensure your systems for both data collection and measurement are sufficient to enable ongoing compliance.

Have you appointed your CRC champion?
A trust member, preferably at board level, needs to take on this role to ensure full compliance with the regulations.

There are serious sanctions for a breach of the regulations, both financial and criminal. Furthermore, the ‘Crown’ exemption on the criminal penalties will not extend to NHS trusts or their board members!

With the final legislation still awaited, despite previously being promised by “the end of the year”, many trusts may have delayed taking forward compliance in any detail. However, 1 April 2010 will soon be upon us and so we will take a closer look at the steps trusts need to take from that date in our next edition of the healthcare update.

In the meantime, if you have any queries on CRC we would be delighted to hear from you.

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Thomas Howard
0121 237 3951
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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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