Most organisations that meet the legal definition of a public body are exempt from ESOS. For ESOS, this is based on the definition of a contracting authority in the Public Contracts Regulations 2015, or the equivalent regulations in Scotland.
However, receiving public funding or having links to government does not automatically make an organisation exempt. Some universities, care homes and other organisations with a mixture of public and commercial activities may still fall within ESOS if they meet the qualification criteria.
An organisation should therefore check its legal status rather than rely on how it is commonly described. If it claims public body status, it must be able to explain why the exemption applies when completing its ESOS notification.
Being exempt from ESOS does not necessarily remove other energy or emissions reporting requirements that may apply to the organisation.
