2015 ESOS Guidelines Chapter 7, 8 & 9 – Sign-Off, Compliance & Appeals

This is the final chapter in our series of short posts summarising the quite complex ESOS guidelines (click on ?Comply with ESOS? to see the details). This one addresses the legalities to follow to complete your report – and how to appeal if you are not happy with any of the Environment Agency?s decisions.

  1. Director Sign-Off

This is by no means an easy ride. Confirmation of the work at individual or lead assessor level locks the company into the penalty cycle in the event there are significant irregularities. By signing off the assessment, the board level director(s) # agree that they have

  • Reviewed the enterprise?s ESOS recommendations
  • Believe the enterprise is within the scope of the scheme
  • Believe the enterprise is compliant with the scheme
  • Believe the information provided is correct

Having an internal assessor requires a second board-level signature.

  1. Compliance

You report compliance on the internet. This is free and you can do it at any time within the deadline. You can dip in and out of the process as many times as you wish, but must use the link in the receipting email. While this is something a board member must do, there is no reason why the lead assessor should not complete the basics. The online compliance notification addresses the following topics:

  • The ESOS contact person in the enterprise
  • Any aggregation / dis-aggregation during the period
  • The names and contact details of the lead assessor
  • The proportion of energy consumption per compliance route

The Environment Agency will acknowledge receipt. This does not constitute acceptance. You should keep the ESOS evidence pack in a safe place with at least one backup elsewhere.

  1. Compliance & Enforcement Issues

In the event the Environment Agency decides your enterprise has not met ESOS requirements, it may either (a) issue a compliance notice with instructions, or (b) apply one of the following civil penalties:

  • A fine of up to ?5,000 for failure to maintain records
  • A fine of up to ?50,000 for failure to undertake an energy audit
  • A fine of up to ?50,000 for a false or misleading statement

Any enterprise has the right of appeal against government decisions. In the case of ESOS, this is via:

  • The First-Tier Tribunal if your enterprise is England, Wales or off-shore based
  • The Scottish Minister if your enterprise is based in Scotland
  • The Planning Commission if your enterprise is Northern Ireland-based

The notice you appeal against will supply details of the appeal steps to take.

This blog and its companion chapters concerning the ESOS Guidelines as amended 2015 are with compliments of ecoVaro. We are the people who break ESOS data into manageable chunks of information, so that board-level directors have greater confidence in what they sign.

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Knowing the Caveats in Cloud Computing

Cloud computing has become such a buzzword in business circles today that many organisations both small and large, are quick to jump on the cloud bandwagon – sometimes a little too hastily.

Yes, the benefits of the cloud are numerous: reduced infrastructure costs, improved performance, faster time-to-market, capability to develop more applications, lower IT staff expenses; you get the picture. But contrary to what many may be expecting or have been led to believe, cloud computing is not without its share of drawbacks, especially for smaller organisations who have limited knowledge to go on with.

So before businesses move to the cloud, it pays to learn a little more about the caveats that could meet them along the way. Here are some tips to getting started with cloud computing as a small business consumer.

Know your cloud. As with anything else, knowledge is always key. Because it is a relatively new tool in IT, it’s not surprising that there is some confusion about the term cloud computing among many business owners and even CIOs. According to the document The NIST Definition of Cloud Computing, cloud computing has five essential characteristics, three basic service models (Saas, Paas and Iaas), and four deployment models (public, community, private and hybrid).

The first thing organisations should do is make a review of their operations and evaluate if they really need a cloud service. If they would indeed benefit from cloud computing, the next steps would be deciding on the service model that would best fit the organisation and choosing the right cloud service provider. These factors are particularly important when you consider data security and compliance issues.

Read the fine print. Before entering into a contract with a cloud provider, businesses should first ensure that the responsibilities for both parties are well-defined, and if the cloud vendor has the vital mechanisms in place for contingency measures. For instance, how does the provider intend to carry out backup and data retrieval operations? Is there assurance that the business’ critical data and systems will be accessible at all times? And if not, how soon can the data be available in case of a temporary shutdown of the cloud?

Also, what if either the company or the cloud provider stops operations or goes bankrupt? It should be clear from the get go that the data remains the sole property of the consumer or company subscribing to the cloud.

As you can see, there are various concerns that need to be addressed closely before any agreement is finalised. While these details are usually found in the Service Level Agreements (SLAs) of most outsourcing and servicing contracts, unfortunately, the same cannot be said of cloud contracts.

Be aware of possible unforeseen costs. The ability of smaller companies to avail of computing resources on a scalable, pay-as-you-go model is one of the biggest selling points of cloud computing. But there’s also an inherent risk here: the possibility of runaway costs. Rather than allowing significant cost savings, small businesses could end up with a bill that’s bound to blow a big hole in their budget.

Take for example the case of a software company cited on InformationWeek.com to illustrate this point. The 250-server cluster the company rented from a cloud provider was inadvertently left turned on by the testing team over the weekend. As a result, their usual $2,300 bill ballooned to a whopping $23,400 over the course of one weekend.

Of course, in all likelihood, this isn’t going to happen to every small and midsize enterprise that shifts to the cloud. However, this should alert business owners, finance executives, and CEOs to look beyond the perceived savings and identify potential sources of unexpected costs. What may start as a fixed rate scheme for on-demand computing resources, may end up becoming a complex pricing puzzle as the needs of the business grow, or simply because of human error as the example above shows.

The caveats we’ve listed here are among the most crucial ones that soon-to-be cloud adopters need to keep in mind. But should these be reasons enough for businesses to stop pursuing a cloud strategy? Most definitely not. Armed with the right information, cloud computing is still the fastest and most effective way for many small enterprises to get the business off the ground with the lowest start-up costs.

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How SOA can help Transformation

Undoubtedly, today’s business leaders face myriad challenges ranging from fierce market competition to increasing market unpredictability. In addition, the modern consumer is more informed and in control of what, where and how they purchase. Couple these challenges with effects of globalization, and you will appreciate that need for business transformation is more of a necessity than a privilege.

As recent business trends show, top companies are characterized by organizational and operational agility. Instead of being shaken by rapid technological changes and aftershocks associated with market changes, they are actually invigorated by these trends. In order to survive in these turbulent times, business leaders are opting to implement corporate transformation initiatives to develop leaner, more agile and productive operations. In line with this, service oriented architecture (SOA) has emerged as an essential IT transformation approach for implementing sustainable business agility.

By definition, service oriented architecture is a set of principles and techniques for developing and designing software in form of business functionalities. SOA allows users to compile together large parts of functionality to create ad hoc service software entirely from the template software. This is why it is preferred by CIOs that are looking to develop business agility. It breaks down business operations into functional components (referred to as services) that can be easily and economically merged and reused in applicable scenarios to meet evolving business needs. This enhances overall efficiency, and improves organizational interconnectivity.

SOA identifies shortcomings of traditional IT transformation approaches that were framed in monolithic and vertical silos all dependent on isolated business units. The current business environment requires that individual business units should be capable of supporting multiple types of users, multiple communication channels and multiple lines of business. In addition, it has to be flexible enough to adapt to changing market needs. In case one is running a global business enterprise, SOA-enabled business transformation can assist in achieving sustainable agility and productivity through a globally integrated IT platform. SOA realizes its IT and business benefits by adopting a design and analyzing methodology when developing services. In this sense a service consists of an independent business unit of functionality that is only available through a defined interface. Services can either be in the form of nano-enterprises or mega-enterprises.

Furthermore, with SOA an organization can adopt a holistic approach to solve a problem. This is because the business has more control over its functions. SOA frees the organization from constraints attributed to having a rigid single use application that is intricately meshed into a fragmented information technology infrastructure. Companies that have adopted service oriented architecture as their IT transformation approach, can easily repurpose, reorganize and rescale services on demand in order to develop new business processes that are adaptable to changes in the business environment. In addition, it enables companies to upgrade and enhance their existing systems without incurring huge costs associated with ‘rip and replace’ IT projects.

In summary, SOA can be termed as the cornerstone of modern IT transformation initiatives. If properly implemented great benefits and a sharp competitive advantage can be achieved. SOA assists in transforming existing disparate and unconnected processes and applications into reusable services; creating an avenue where services can be rapidly reassembled and developed to support market changes.

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Advanced Business Management

Our consultants are highly trained to provide complex management solutions and strategy planning for your business. You can count on us to improve performance and your business skills, while cutting costs.

We ensure full support in a broad range of business management areas, such as:

Business Strategy

Knowing how and when to make the right strategic move is critical to your success in today?s dynamic environment. Our Strategic Management Consultants provide solutions for a tighter integration of your vision, values, and mission statements with the strategic management process.

The result is a stronger alignment of your operating activities with your goals, and also an improved internal infrastructure to support and manage the strategic management process.

Business Process Improvements

In our years of activity, we have developed a robust process to ensure Business Process Improvements projects are implemented successfully. To achieve a positive outcome a number of factors must exist and we?ll make sure your company manages to get the right mix of: sponsorship management and commitment, process improvement goals, right motivations, cultural issues management, provision of adequate resources and funding, and availability of standards and procedures.

Performance Management

An effective performance management system integrates all aspects of the organisation from a shared vision, through a common language, and establishes a culture of accountability and results. It provides more of a holistic way of managing your organization that is more powerful than its individual parts, and without forsaking the values of the organisation.

Change Management Services

Economic downturns, fast rising new competitors, and even climate change, can force companies to scale down, engage in mergers & acquisitions, or transfer to a new location. We?ll help you through every step of the change process, from: evaluating the required change by conducting diagnostics such as change complexity, causal, structural, and context analysis, managing stakeholders including your sponsors, top executives, managers, and personnel, planning for the change, and managing the change process itself.

Project Management

Whether you need help for a single project or much more, we’ve got you covered. With us you get a coordinated, presence-of-mind approach to project management that will point all of your projects to an overall strategic direction, no matter how complex or simple these might be. Our services incorporate all project-related activities including: programme management, project risk management, project review and audit, project rescue, and project governance.

Interim Management

Our resources have an MBA and/or professional accounting qualifications with an average of 10 ? 30 years of progressive work experience with public companies, in complex private equity environments, and/or privately-held middle market companies. We not only offer the most highly qualified project / interim resources to our clients, but we also allow for an interim-to-hire provision in our contracts.

It has proved mutually beneficial to our consultants and clients to have the option for longer term employment opportunities after having worked together on a project / interim basis.

 

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