UKPGA-2008-32 Energy Act 2008 UK

The rights to which this section applies have effect, by virtue of this section, as rights belonging to Her Majesty.

This section applies to the rights under Part V of the Convention that are exercisable by the United Kingdom in areas outside the territorial sea—

The matters are—

For the purposes of subsection (3), references to gas include any substance which consists wholly or mainly of gas.

The area within which the rights to which this section applies are exercisable (the “Gas Importation and Storage Zone”)—

In this section—“the Convention” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom;“gas” means any substance which is gaseous at a temperature of 15°C and a pressure of 101.325 kPa (1013.25 mb);“installation” includes any floating structure or device maintained on a station by whatever means.

No person may carry on an activity within subsection (3) except in accordance with a licence.

But subsection (1) is subject to sections 3 and 3A.

The activities are—

In this section—“controlled place” means a place in, under or over—the territorial sea, or waters in a Gas Importation and Storage Zone (within the meaning of section 1(5));“gas” means any combustible substance which is gaseous at a temperature of 15°C and a pressure of 101.325 kPa (1013.25 mb) and which consists wholly or mainly of—methane, ethane, propane, butane, a substance designated for the purposes of this section by an order made by the Secretary of State, or a mixture of two or more of the substances mentioned in paragraphs (a) to (e).

This Chapter does not apply in relation to—

In this section—“land” means—land in England; land in Wales; land in Scotland landward of the low water mark;“well” includes a borehole.

The OGA may grant a person a licence in respect of one or more activities within section 2(3).

The controlled place in respect of which a licence is granted may be determined by reference to the provisions of a Crown lease which has been or may be granted.

For this purpose “Crown lease” means (as the case may be)—

In subsection (3), “Scottish assets” means any property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.

The Secretary of State may by regulations—

Before making any regulations under this section, the Secretary of State must consult the OGA.

A licence may be granted on such terms and subject to such conditions as the OGA considers appropriate.

The provisions of a licence may be expressed by reference to provision made in a Crown lease, and, in particular, may provide—

A licence may authorise, in such circumstances and subject to such conditions as are specified, the transfer of the licence to another person (or the inclusion of another person as a joint licence holder).

The provisions of a licence may include—

The conditions imposed on a consent by virtue of subsection (4)(b) may include conditions requiring, or otherwise providing for, the modification of the licence in such manner as the OGA considers appropriate.

In this section—“Crown lease” has the same meaning as in section 4;“specified”, in relation to a licence, means specified in, or determined in accordance with, the licence.

The Secretary of State may make regulations prescribing model clauses for licences.

Subject to subsection (3), the model clauses, as they have effect at the time a licence is granted, are deemed to be incorporated into the licence.

The OGA may decide to exclude or modify one or more of those model clauses in the case of a particular licence.

Before making any regulations under this section, the Secretary of State must consult the OGA.

It is an offence for a person to carry on an activity within section 2(3) at a controlled place unless, at the time the activity is carried on, that person—

It is an offence for a person to cause or permit another person to commit an offence under subsection (1).

But subsections (1) and (2) are subject to section 3.

A person guilty of an offence under this section is liable—

An offence is committed by a licence holder if—

In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that due diligence was exercised to avoid committing the offence.

It is an offence for a person to make a statement which the person knows to be false, or recklessly to make a statement which is false, in order to obtain—

It is an offence for a person to fail to disclose information which the person knows, or ought to know, to be relevant to an application for—

A person guilty of an offence under this section is liable—

This section applies if a licence holder fails to comply with any provision of the licence.

The OGA may direct the licence holder to take steps which the OGA considers necessary or appropriate to comply with the provision within a period specified in the direction.

The OGA must consult the licence holder before giving a direction under subsection (2).

If the licence holder fails to comply with a direction under subsection (2), the OGA may—

A person taking action by virtue of subsection (4) may—

A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (4) notified P of the sum payable and ending with the date of payment.

The rate of interest payable in accordance with subsection (6) is a rate determined by the OGA as comparable with commercial rates.

The licence holder must provide a person taking action by virtue of subsection (4) with such assistance as the OGA may direct.

The power to give a direction under this section is without prejudice to any provision made in the licence with regard to the enforcement of any of its provisions.

It is an offence for a person to fail to comply with a direction under section 10, unless the person proves that due diligence was exercised in order to avoid the failure.

A person guilty of an offence under subsection (1) is liable—

Where the OGA considers it necessary or expedient to restrain any actual or apprehended breach of section 2(1), the OGA may apply to the court for an injunction or, in Scotland, an interdict.

An application may be made whether or not the OGA has exercised or is proposing to exercise any of the other powers under this Chapter.

On an application under subsection (1), the court may grant such an injunction or interdict as the court thinks appropriate for the purpose of restraining the breach.

Rules of court may provide for an injunction or interdict to be issued against a person whose identity is unknown.

In this section “the court” means—

The OGA may appoint persons to act as inspectors to assist in carrying out the functions of the OGA under this Chapter.

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The Secretary of State may make regulations about—

The powers conferred by virtue of subsection (3) may include powers of a kind specified in section 108(4) of the Environment Act 1995 (c. 25) (powers of entry, investigation, etc).

Any regulations under this section may provide for the creation of offences which are punishable—

Before making any regulations under this section, the Secretary of State must consult the OGA.

Proceedings for a relevant offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (restriction on prosecutions) does not apply to any proceedings for a relevant offence.

Proceedings for a relevant offence alleged to have been committed in a controlled place may not be instituted in England and Wales except—

Proceedings for a relevant offence alleged to have been committed in a controlled place may not be instituted in Northern Ireland except—

In the application of subsection (3) or (4) to an offence created by regulations under section 13—

In this section “relevant offence” means an offence under this Chapter or created by regulations under section 13.

This section applies where there is a licence for the recovery of gas stored in a controlled place.

The OGA may give a direction in respect of the place or any part of it (“the relevant stratum”).

The effect of the direction is that any operations under the licence to recover gas from the relevant stratum are not to be regarded as resulting in the boring for or getting of petroleum for the purposes of Part 1 of the Petroleum Act 1998 (c. 17).

A direction may be given only if the OGA is satisfied that the amount of petroleum which exists in its natural condition in the relevant stratum is so small that it ought to be disregarded for the purposes of that Part.

Where a direction has effect, if the OGA ceases to be satisfied as mentioned in subsection (4), the OGA must give the licence holder a notice revoking the direction and specifying a time for the purposes of subsection (6).

Where a notice is given under subsection (5), the revocation of the direction takes effect—

Before giving or revoking a direction, the OGA must consult the licence holder.

In this section—“petroleum” means petroleum to which section 3 of the Petroleum Act 1998 (c. 17) applies;“petroleum licence” means a licence under that section authorising a person to bore for and get petroleum.

No person may carry on an activity within subsection (2) except in accordance with a licence.

The activities are—

In this section, “controlled place” means a place in, under or over—

In this section, “controlled place” also includes a place—

In relation to Scotland, “controlled place” includes—

The licensing authority may grant a licence to a person in respect of one or more activities within section 17(2).

The licensing authority is—and in this Chapter references to the licensing authority in relation to a licence falling within paragraph (c), (cd) or (ce) are references to the person who grants the licence or, if the licence has not yet been granted, to whom the application for the licence was made.

The controlled place in respect of which a licence is granted may be determined by reference to the provisions of a Crown lease which has been or may be granted.

For this purpose a “Crown lease” means (as the case may be)—

In subsection (4), “Scottish assets” means any property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.

In this section—“English controlled place” means a controlled place in England or in, under or over so much of the internal waters of the United Kingdom as are adjacent to England;“Northern Ireland controlled place” means a controlled place in Northern Ireland or in, under or over so much of the internal waters of the United Kingdom as are adjacent to Northern Ireland;“Welsh controlled place” means a controlled place in Wales or in, under or over so much of the internal waters of the United Kingdom as are adjacent to Wales.

In this section, “Scottish controlled place” means—

Each licensing authority may by regulations make provision about the circumstances in which it may grant licences, including—

Regulations under subsection (1)(a) may, in particular—

Where the licensing authority is the OGA—

In subsection (1) “licensing authority” does not include the Welsh Ministers or the Department of Enterprise, Trade and Investment in Northern Ireland.

A licence may be granted on such terms and subject to such conditions as the licensing authority considers appropriate, subject to regulations under section 21.

Subject to such regulations, a licence may, in particular, include provision of a kind mentioned in subsections (3) to (7).

A licence may include—

The provisions of a licence may be expressed by reference to provision made in a Crown lease and, in particular, may provide—

A licence may authorise, in such circumstances and subject to such conditions as are specified, the transfer of the licence to another person (or the inclusion of another person as a joint licence holder).

The provisions of a licence may include—

The conditions imposed on a consent by virtue of subsection (6)(b) may include conditions requiring, or otherwise providing for, the modification of the licence in such manner as the licensing authority considers appropriate.

In this section—“carbon storage facility” means a controlled place, or part of a controlled place, in which carbon dioxide has been stored pursuant to a licence;“closure”, in relation to a carbon storage facility, means the point at which carbon dioxide has ceased to be added to the facility and the licence holder intends, or the licensing authority directs in accordance with the licence, that the cessation should be permanent;“Crown lease” has the same meaning as in section 18;“specified”, in relation to a licence, means specified in, or determined in accordance with, the licence.

Each licensing authority may make regulations about the terms and conditions of licences granted by it.

Regulations under subsection (1) may specify that a licence must contain specified provisions or provisions of a specified description.

Where the licensing authority is the OGA—

In subsection (1) “licensing authority” does not include the Welsh Ministers or the Department of Enterprise, Trade and Investment in Northern Ireland.

It is an offence for a person to carry on an activity within section 17(2) at a controlled place unless, at the time the activity is carried on, that person—

It is an offence for a person to cause or permit another person to commit the offence in subsection (1).

A person guilty of an offence under this section is liable—

If the activity constituting the offence falls within section 17(2)(c), or relates to the establishment or maintenance of an installation for the purposes of an activity mentioned in that provision, subsection (3) has effect as if—

If the activity constituting the offence is carried on at an English controlled place, a Welsh controlled place or a Northern Ireland controlled place, subsection (3) has effect as if the reference to £50,000 were a reference to the statutory maximum.

If the activity constituting the offence is carried out in a Scottish controlled place other than a place within the area of the territorial sea, subsection (3)(a) has effect as if the reference to £50,000 were a reference to £5,000.

An offence is committed by a licence holder if—

But a licence holder does not commit an offence under subsection (1)(a) or (b) if—

In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that due diligence was exercised to avoid committing the offence.

A person guilty of an offence under subsection (1) is liable—

If an offence under subsection (1) relates to an activity within section 17(2)(c), or relates to the establishment or maintenance of an installation for the purposes of an activity mentioned in that provision, subsection (3) has effect as if—

It is an offence for a person to make a statement which the person knows to be false, or recklessly to make a statement which is false, in order to obtain—

It is an offence for a person to fail to disclose information which the person knows, or ought to know, to be relevant to an application for—

A person guilty of an offence under subsection (5) or (6) is liable—

In subsection (1)(d) “licensing authority” does not include the Welsh Ministers or the Department of Enterprise, Trade and Investment in Northern Ireland.

This section applies if a licence holder fails to comply with any provision of the licence.

The licensing authority may direct the licence holder to take steps which the licensing authority considers necessary or appropriate to comply with the provision within a period specified in the direction.

The licensing authority must consult the licence holder before giving a direction under subsection (2).

If the licence holder fails to comply with a direction under subsection (2), the licensing authority may—

A person taking action by virtue of subsection (4) may—

A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (4) notified P of the sum payable and ending with the date of payment.

The rate of interest payable in accordance with subsection (6) is a rate determined by the licensing authority as comparable with commercial rates.

The licence holder must provide a person taking action by virtue of subsection (4) with such assistance as the licensing authority may direct.

The power to give a direction under this section is without prejudice to any provision made in the licence with regard to the enforcement of any of its provisions.

It is an offence for a person to fail to comply with a direction under section 24, unless the person proves that due diligence was exercised in order to avoid the failure.

A person guilty of an offence under subsection (1) is liable—

Where the OGA considers it necessary or expedient to restrain any actual or apprehended breach of section 17(1) in relation to an English controlled place, the OGA may apply to the High Court for an injunction.

Where the Welsh Ministers consider it necessary or expedient to restrain any actual or apprehended breach of section 17(1) in relation to a Welsh controlled place, they may apply to the High Court for an injunction.

Where the Scottish Ministers consider it necessary or expedient to restrain any actual or apprehended breach of section 17(1) in relation to a controlled place in, under or over the territorial sea adjacent to Scotland Scottish controlled place, they may apply to the Court of Session for an interdict.

Where the Department of Enterprise, Trade and Investment in Northern Ireland considers it necessary or expedient to restrain any actual or apprehended breach of section 17(1) in relation to a Northern Ireland controlled place, it may apply to the High Court for an injunction.

Where the OGA considers it necessary or expedient to restrain any ...actual or apprehended breach of section 17(1) in relation to an offshore UK-controlled place, the OGA may apply—

An application may be made under this section whether or not the applicant has exercised or is proposing to exercise any of the other powers under this Chapter.

On an application under this section, the Court of Session may grant such an interdict, or the High Court may grant such an injunction, as it thinks appropriate for the purpose of restraining the breach.

Rules of court may provide for an injunction or interdict to be issued against a person whose identity is unknown.

The following may appoint persons to act as inspectors to assist in carrying out their respective functions under this Chapter—

The following may make payments, by way of remuneration or otherwise, to inspectors appointed by them under this section—

The Secretary of State may make regulations about—

The powers conferred by virtue of subsection (3) may include powers of a kind specified in section 108(4) of the Environment Act 1995 (c. 25) (powers of entry, investigation, etc).

Any regulations under this section may provide for the creation of offences which are punishable—

Subsections (3) to (5) apply in relation to the Scottish Ministers and the functions of the Scottish Ministers under this Chapter as they apply in relation to the Secretary of State and the functions of the Secretary of State under this Chapter (reading the reference to the OGA in subsection (3)(b) as a reference to the Secretary of State).

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Proceedings for a relevant offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (restriction on prosecutions) does not apply to any proceedings for a relevant offence.

Proceedings for a relevant offence alleged to have been committed in an offshore controlled place may not be instituted in England and Wales except—

Proceedings for a relevant offence alleged to have been committed in an offshore controlled place may not be instituted in Northern Ireland except—

In the application of subsection (3) or (4) to an offence created by regulations under section 27—

In this section “relevant offence” means an offence under this Chapter or created by regulations under section 27.

The Secretary of State must maintain a register containing prescribed information relating to licences.

Information is not to be included in the register if—

Information excluded from the register by virtue of subsection (2)(b) is treated, subject to subsection (4), as ceasing to prejudice a person's commercial interests at the end of the period of 4 years beginning with the date on which the licensing authority made the decision to exclude it.

The licensing authority may, on the application of the person whose commercial interests are affected, decide whether the information should be included in the register at the end of the period mentioned in subsection (3) or should continue to be excluded.

Where information of any description is excluded from the register by virtue of subsection (2)(b), a statement is to be included in the register indicating the existence of information of that description.

The Secretary of State must—

In this section “prescribed” means prescribed by regulations made by the Secretary of State.

The OGA must provide to the Secretary of State any information held by it that is required by the Secretary of State in order to comply with the requirements imposed by this section.

This section applies in relation to a licence granted (or having effect as if granted) by the OGA which includes provisions prohibiting a change in control of a licence holder which is a company without the OGA’s consent.

The OGA may by notice in writing require a person within subsection (3) to provide the OGA with any information that it requires for the purpose of exercising its functions in relation to a change or potential change in control of a licence holder which is a company.

The persons within this subsection are—

The power conferred by this section does not include power to require the provision of any information that would be protected from disclosure or production in legal proceedings on grounds of legal professional privilege or, in Scotland, confidentiality of communications.

Nothing in this section limits any power of the OGA to require information under—

Part 4 of the Petroleum Act 1998 (c. 17) (referred to in this section and sections 30A and 30B as “the 1998 Act”) applies in relation to a carbon storage installation as it applies in relation to an offshore installation within the meaning given by section 44 of the 1998 Act, subject to subsections (1A) to (2) and (4) and section 30A.

For the purposes of subsection (1), the amendments made to Part 4 of the 1998 Act by Schedule 2 to the Energy Act 2016 are to be disregarded.

Part 4 of the 1998 Act, in its application in relation to carbon storage installations, has effect with the modifications set out in subsection (1AB).

The modifications are as follows—

In relation to a carbon storage installation established or maintained at a controlled place under a licence granted by the Scottish Ministers—

For the purposes of subsection (2), orders under section 33(1) are to be disregarded and installations used for a purpose ancillary to getting petroleum (within the meaning of section 1 of the 1998 Act) are not to be treated as carbon storage installations.

In relation to any other carbon storage installation, the Secretary of State may make regulations providing that Part 4 of the 1998 Act applies in relation to such an installation with such modifications as may be specified in the regulations.

The power in subsection (4)—

The powers in subsections (2)(b) and (4) include power to amend or repeal subsections (1AA) and (1AB).

In this section and section 30A, “carbon storage installation” means an installation which is or has been maintained, or is intended to be established, for the purposes of an activity mentioned in section 17(2)(a), (b) or (c) to which subsection (6) applies.

This subsection applies to any activity which is carried on from, by means of or on an installation which is established or maintained in the water, or on the foreshore or other land intermittently covered with water, and is not connected with dry land by a permanent structure providing access at all times and for all purposes.

The Secretary of State may, on an application made by a relevant person, by notice designate an installation as an eligible CCS installation.

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The Secretary of State must consult the Oil and Gas Authority before deciding—

An eligible CCS installation qualifies for change of use relief if—

In subsection (4) “CCS-related abandonment programme notice” means an abandonment programme notice given under section 29 of the 1998 Act in that section’s application in relation to carbon storage installations (by virtue of section 30 of this Act).

The trigger event occurs in relation to an eligible CCS installation when—

In subsection (5)—

Where the Secretary of State gives an approval notice in relation to an eligible CCS installation the Secretary of State must—

Where an eligible CCS installation qualifies for change of use relief—

This subsection applies in relation to a person if—

This subsection applies in relation to a person if—

This subsection applies in relation to a person if the person is within paragraph (e) of section 30(1) of the 1998 Act only by virtue of being associated with a body corporate which is within subsection (7) or (8).

This subsection applies in relation to a person if the person has been within any of paragraphs (a), (b), (c), (d) or (e) of section 30(1) of the 1998 Act in relation to the installation, but only at a time—

The power conferred by subsection (1) does not include a power to revoke a notice given under that subsection.

The Secretary of State must publish a notice given under subsection (1).

In this section—“abandonment liability”, in relation to an installation, means a duty to secure that an abandonment programme for the installation is carried out;“abandonment programme”, in relation to an installation, means a programme in respect of the installation approved, or having effect as if approved, by the Secretary of State under section 32 of the 1998 Act;“abandonment programme notice” means a notice served under section 29(1) of the 1998 Act;“captured carbon dioxide” means carbon dioxide that has been produced by, or in connection with, commercial electricity generation and captured with a view to its disposal by way of permanent storage;“carbon dioxide”, has the same meaning as in Part 1 of the Energy Act 2010 (see section 7 of that Act);...“decommissioning costs” has the meaning given by section 92 of the Energy Act 2023;“relevant person” means a person to whom a notice may be given under section 29(1) of the 1998 Act in relation to an offshore installation (within the meaning given by section 44 of the 1998 Act);“Scotland” has the same meaning as in the Scotland Act 1998 (see section 126(1) of that Act).

Section 30(8) to (9) of the 1998 Act (when one body corporate is associated with another) apply for the purposes of this section.

The Secretary of State may, on an application made by a relevant person, by notice designate a submarine pipeline as an eligible carbon storage network pipeline.

The Secretary of State must consult the Oil and Gas Authority before deciding—

An eligible carbon storage network pipeline qualifies for change of use relief if—

In subsection (2) “CCS-related abandonment programme notice” means an abandonment programme notice under section 29 of the 1998 Act given at a time when the pipeline is used, or is to be used wholly or mainly—

The trigger event occurs in relation to an eligible carbon storage network pipeline when—

In subsection (3)—

Where the Secretary of State gives an approval notice in relation to an eligible carbon storage network pipeline, the Secretary of State must—

Where an eligible carbon storage network pipeline qualifies for change of use relief, a proposal must not be made under section 34(1)(b) of the 1998 Act if the effect of the proposal (if implemented) would be to impose an abandonment liability on a person who is within section 34(2)(b) of the 1998 Act only because subsection (5) applies in relation to the person.

This subsection applies in relation to a person if the person has been within any of paragraphs (a) to (c) of section 30(2) of the 1998 Act in relation to the pipeline, but only at a time—

The power conferred by subsection (1) does not include a power to revoke a notice given under that subsection.

The Secretary of State must publish a notice given under subsection (1).

In this section—“abandonment liability”, in relation to a submarine pipeline, is a duty to secure that an abandonment programme for the pipeline is carried out;“abandonment programme”, in relation to a submarine pipeline, means a programme in respect of the pipeline approved, or having effect as if approved, by the Secretary of State under section 32 of the 1998 Act;“captured carbon dioxide”has the same meaning as in section 30A;...“decommissioning costs” has the meaning given by section 92 of the Energy Act 2023;“geological storage”, in relation to carbon dioxide, has the same meaning as in Part 1 of the Energy Act 2023 (see section 55 of that Act);“licensable means of transportation” has the meaning given by section 2(3) of the Energy Act 2023;“petroleum” has the same meaning as in Part 1 of the 1998 Act (see section 1 of that Act) and includes petroleum that has undergone any processing;“relevant person” means a person to whom a notice may be given under section 29(1) of the 1998 Act in relation to a submarine pipeline;“submarine pipeline” has the same meaning as in Part 4 of the Petroleum Act 1998 (see section 45 of that Act).

The Secretary of State may by regulations make provision about the obtaining of information required, and sharing of information held, for the purposes of functions of the Secretary of State under sections 30A and 30B, including provision—

For the purposes of subsection (1), a person “qualifies for change of use relief” if—

In this section—“carbon storage installation” has the same meaning as in section 30 of the Energy Act 2008;“submarine pipeline” has the same meaning as in Part 4 of the 1998 Act (see section 45 of that Act).

The licensing authority may by regulations make provision—

Regulations under this section may, in particular, make provision about financial arrangements to be made in relation to a closed carbon storage facility on or after the termination of a licence relating to the facility.

A licence has effect subject to any regulations under this section.

Where the licensing authority is the OGA—

In subsection (1) “licensing authority” does not include the Welsh Ministers or the Department of Enterprise, Trade and Investment in Northern Ireland.

The use of carbon dioxide, in a controlled place, for a purpose ancillary to getting petroleum is to be regarded as—only in the circumstances specified by the Secretary of State by order.

Before making an order under subsection (1), the Secretary of State must consult the OGA.

Subsection (1) and orders made under it are without prejudice to Part 1 of the Petroleum Act 1998 (c. 17).

An order under subsection (1) may provide that the use of carbon dioxide, in a designated place, for a purpose ancillary to getting petroleum is to be regarded, for the purposes of this Chapter, as the use of carbon dioxide in a controlled place for such a purpose.

A designated place means a place designated by the order which is a place in, under or over waters in an area designated under section 1(7) of the Continental Shelf Act 1964 (c. 29), other than waters in a Gas Importation and Storage Zone.

In this section “petroleum” has the meaning given by section 1 of the Petroleum Act 1998 (c. 17).

The Secretary of State may by order transfer to a public body any function conferred on the Secretary of State by or under this Chapter, other than a power to make regulations or an order.

A function transferred by an order under subsection (1) reverts to the Secretary of State if the order is revoked.

An order under subsection (1) may—

An order under subsection (1) may—

The Secretary of State may give a direction to a body to which functions have been transferred under subsection (1) about—

A direction under subsection (5) may be general or specific.

The Secretary of State may not give a direction under subsection (5) without first consulting the body to which the Secretary of State proposes to give the direction.

This section applies in relation to the Scottish Ministers and any functions conferred on them by or under this Chapter as it applies in relation to the Secretary of State and any functions conferred on the Secretary of State by or under this Chapter, except that—

This section applies where a licence holder also holds a relevant licence.

The licensing authority who granted the licence to the licence holder must provide such assistance as the economic regulator may reasonably require in carrying out its functions in relation to the relevant licence.

The licensing authority must, in particular, inform the economic regulator if it becomes aware of—

In this section—“economic regulator” has the same meaning as in Part 1 of the Energy Act 2023 (see section 55 of that Act);“relevant licence” means a licence under section 7 of the Energy Act 2023;“storage permit” means a storage permit within the meaning of—regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc) Regulations 2010 (S.I. 2010/2221), or regulation 1(3) of the Storage of Carbon Dioxide (Licensing etc) (Scotland) Regulations 2011 (S.S.I. 2011/24).

A licensing authority may provide information relating to a licence or a storage permit granted under a licence to the economic regulator for the purpose of enabling or facilitating the exercise of the economic regulator’s functions in relation to a relevant licence.

Except as provided by subsection (3), the disclosure of information under this section does not breach—

This section does not authorise or require a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by subsection (1) is to be taken into account).

In this section—“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);“economic regulator”, “relevant licence” and “storage permit” have the same meaning as in section 34A;“information” includes advice.

In this Chapter—“carbon storage facility” has the meaning given by section 20(8);“carbon storage installation” has the meaning given by section 30(5);“closure”, in relation to a carbon storage facility, has the meaning given by section 20(8);“controlled place” has the meaning given by section 17(3) and (3A) and (4);“English controlled place” has the meaning given by section 18(4A);“Gas Importation and Storage Zone” is to be read in accordance with section 1(5);“installation” includes any floating structure or device maintained on a station by whatever means;“licence” means a licence granted under section 18(1), and “licence holder” is to be construed accordingly;“licensing authority” has the meaning given by section 18(2).“Northern Ireland controlled place” has the meaning given by section 18(4A);“offshore controlled place” means a place that is mentioned in section 17(3);“offshore UK-controlled place” has the meaning given by section 18(2)(a);“the OGA” means the Oil and Gas Authority."Scottish controlled place”has the meaning given by section 18(5).“Welsh controlled place” has the meaning given by section 18(4A).

An Order in Council under section 126(2) of the Scotland Act 1998 (c. 46) (apportionment of sea areas) has effect for the purposes of this Chapter if, or to the extent that, the Order is expressed to apply—

An Order in Council under section 98(8) of the Northern Ireland Act 1998 has effect for the purposes of this Chapter if, or to the extent that, the Order in Council is expressed to apply—

An order or Order in Council made under or by virtue of section 158(3) or (4) of the Government of Wales Act 2006 (apportionment of sea areas) has effect for the purposes of this Chapter if, or to the extent that, the order or Order in Council is expressed to apply—

In the case of an order made under section 32 of the Electricity Act 1989 (c. 29) after the commencement of section 37, the requirements of section 32L(1) of that Act (as substituted by section 37) may be satisfied by consultation undertaken before that commencement or the passing of this Act.

Where a NI amending order is made, the Secretary of State may, by order—

In this section—“NI amending order” means an order under Article 56 of the NI Energy Order which (by virtue of section 40(2)) makes amendments to Part 7 of that Order to take account of any amendments made or proposed to be made by section 37;“NI Energy Order” means the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6));“the relevant time” means the time when the first order made under Article 52 of the NI Energy Order by virtue of a NI amending order comes into force.

In section 121 of the Energy Act 2004 (c. 20) (power of Gas and Electricity Markets Authority to act on behalf of Northern Ireland regulator)—

In Article 56(1) of the NI Energy Order (power to amend Part 7 of that Order to take account of amendments of corresponding Great Britain provisions), the reference to amendments made to sections 32 to 32C of the Electricity Act 1989 (c. 29) includes a reference to section 37 of this Act.

In the case of an order under Article 52 of the NI Energy Order made by virtue of a NI amending order, the requirements of Article 52(6) of the NI Energy Order (consultation before making a renewables order) may be satisfied by consultation undertaken before the NI amending order came into force or the passing of this Act.

In this section “NI amending order” and “NI Energy Order” have the same meaning as in section 38.

The Secretary of State may modify—

The Secretary of State may exercise the power in subsection (1) for the purpose only of—

Modifications made by virtue of subsection (1) may include—

In this section—“Authority” means the Gas and Electricity Markets Authority;“distribution licence” means a licence under section 6(1)(c) of the Electricity Act 1989 (c. 29);“owner”, in relation to any plant which is the subject of a hire purchase agreement, a conditional sale agreement or any agreement of a similar nature, means the person in possession of the plant under that agreement;“plant” includes any equipment, apparatus or appliance;“small-scale low-carbon generation” means the use, for the generation of electricity, of any plant—which, in generating electricity, relies wholly or mainly on a source of energy or a technology mentioned in subsection (5), and the capacity of which to generate electricity does not exceed the specified maximum capacity;“small-scale low-carbon generator” means an owner of plant used or intended to be used for small-scale low-carbon generation, whether or not the person is also operating or intending to operate the plant;“specified maximum capacity” means the capacity specified by the Secretary of State by order, which must not exceed 10 megawatts;“supply licence” means a licence under section 6(1)(d) of the Electricity Act 1989 (c. 29).

The sources of energy and technologies are—

The Secretary of State may by order modify the list of sources of energy and technologies for the time being listed in subsection (5).

The power conferred by subsection (1)—

Provision included in a licence by virtue of that power—

Before making a modification, the Secretary of State must consult—

Subsection (1) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.

Before making modifications, the Secretary of State must lay a draft of the modifications before Parliament.

If, within the 40-day period, either House of Parliament resolves not to approve the draft, the Secretary of State may not take any further steps in relation to the proposed modifications.

If no such resolution is made within that period, the Secretary of State may make the modifications in the form of the draft.

Subsection (4) does not prevent a new draft of proposed modifications being laid before Parliament.

The Secretary of State must publish details of any modifications as soon as reasonably practicable after they are made.

In this section, “40-day period”, in relation to a draft of proposed modifications, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).

For the purposes of calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

In this section “modification” means a modification under section 41(1).

A modification under section 41 of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Electricity Act 1989 (c. 29).

Where the Secretary of State makes modifications under section 41(1)(b) of the standard conditions of a licence of any type, the Gas and Electricity Markets Authority (“the Authority”) must—

The Secretary of State may by order—

Part 1 of the Electricity Act 1989 (electricity supply) is amended as follows.

After section 6C insert—

In section 64 (interpretation of Part 1), after subsection (1) insert—

Before Schedule 3 insert the Schedule set out in Schedule 2 (property schemes).

This section applies where, on or after the day on which this section comes into force, a person applies for a nuclear site licence in respect of a site to which subsection (2) applies.

This subsection applies to—

The person must—

A funded decommissioning programme is a programme which—

The technical matters, in relation to a site, are—and for the purposes of paragraph (a) a nuclear installation is not to be regarded as being operated at a time when it is being decommissioned.

The designated technical matters, in relation to a site, are—

The funded decommissioning programme must, in particular, contain—

A person who submits a programme must pay to the Secretary of State such fee as may be determined in accordance with regulations under section 54, in respect of the costs mentioned in subsection (9), at a time determined in accordance with such regulations.

The costs are those incurred by the Secretary of State in relation to the consideration of the programme, including, in particular, the costs of obtaining advice in relation to—

A person who informs the Secretary of State of a proposal to submit a funded decommissioning programme under section 45 must pay to the Secretary of State such fee as may be determined in accordance with regulations under section 54, in respect of the costs mentioned in subsection (2), at a time determined in accordance with such regulations.

The costs are those incurred by the Secretary of State in relation to the consideration of the proposed programme (or any particular aspect of it), including, in particular, the costs of obtaining advice in relation to it.

The Secretary of State may approve or reject a funded decommissioning programme submitted under section 45 in respect of a site.

The Secretary of State may approve a programme—

A modification under subsection (2) may, in particular, impose obligations, or additional obligations, on a body corporate associated with the person who submitted the programme.

When approving a programme the Secretary of State may agree to exercise, or not to exercise, the section 48 power—

An agreement under subsection (3A) may subsequently be amended by the Secretary of State and the other party to the agreement.

The Secretary of State may not make such an agreement or amend such an agreement unless satisfied that the agreement (or the agreement as amended) includes adequate provision for the modification of the programme in the event that the provision made by it for the technical matters (including the financing of the designated technical matters) ceases to be prudent.

Provision in such an agreement (including the provision mentioned in subsection (3C)) may include provision—

A “relevant matter” is a matter relating to the provision made by the programme for the technical matters.

Subsections (3A) to (3D) apply notwithstanding that the agreement or amendment fetters the Secretary of State's discretion.

In subsection (3A) “section 48 power” means the power of the Secretary of State under section 48 to propose a modification of the programme or a modification of the conditions to which the approval of the programme is subject.

Where the Secretary of State makes or amends an agreement under subsection (3A), or it is proposed that such an agreement be made or amended, the site operator must pay to the Secretary of State such fee as may be determined in accordance with regulations under section 54, in respect of the costs mentioned in subsection (3I), at a time determined in accordance with such regulations.

The costs are those incurred by the Secretary of State in relation to the consideration of the agreement or amendment, including, in particular, the costs of obtaining advice in relation to the agreement or amendment.

The Secretary of State's powers under subsections (1) to (3B) must be exercised with the aim of securing that prudent provision is made for the technical matters (including the financing of the designated technical matters).

Before deciding whether to approve or reject a programme, the Secretary of State must consult each interested body about—so far as it relates to a function conferred on the interested body by or under an enactment.

“Interested body” means—

Before approving a programme with modifications or subject to conditions, the Secretary of State must give the following persons an opportunity to make written representations about the proposed modifications or conditions—

The Secretary of State may not reject a programme without informing the site operator of the reasons for doing so.

The Secretary of State must act without unreasonable delay in reaching a decision as to whether to approve or reject a programme.

Where a nuclear site licence has been applied for, but not yet granted, in respect of a site, references in this section to the site operator include references to the person who has applied for a nuclear site licence in respect of the site.

This section applies where a person is required to submit a programme under section 45 by reason of an application made for a nuclear site licence in respect of a site.

It is an offence for the person to use or permit another person to use the site, by virtue of the licence, at a time when there is no programme submitted in accordance with that requirement and approved under section 46.

A person guilty of an offence under this section is liable—

Where the Secretary of State has approved a funded decommissioning programme in respect of a site, a person mentioned in subsection (2) may—

Those persons are—

A proposal under subsection (1) may, in particular, propose—

In subsection (1)(b) “modification of the conditions” includes the imposition of conditions where the programme was approved unconditionally.

This section applies in relation to a proposal for the modification of an approved funded decommissioning programme, or of the conditions, under section 48 (but is subject to regulations under section 50).

The proposal must be made by notice in writing given—

Where a proposal is made, or advice is sought from the Secretary of State about the making of a proposal, the site operator must pay to the Secretary of State such fee as may be determined in accordance with regulations under section 54, in respect of the costs mentioned in subsection (4), at a time determined in accordance with such regulations.

The costs are those incurred by the Secretary of State in relation to the consideration of the proposal(or the making of a proposal), including, in particular, the costs of obtaining advice in relation to—

Where the Secretary of State makes the proposal, the following persons must be given the opportunity to make written representations about the proposal—

The Secretary of State must—

The Secretary of State's power under subsection (6)(a) must be exercised with the aim of securing that prudent provision is made for the technical matters (including the financing of the designated technical matters).

Before deciding whether the proposed modification is to be made, the Secretary of State must consult each interested body (within the meaning of section 46(6)) in so far as the modification relates to a function conferred on the interested body by or under an enactment.

The Secretary of State may make regulations disapplying section 49 in relation to modifications which—

Before making regulations under subsection (1), the Secretary of State must consult—in so far as the regulations relate to a function conferred on the body by or under an enactment.

The regulations may, in particular—

In the case of a modification to which the regulations apply, the site operator must give notice of the modification to the Secretary of State in such manner as may be specified in the regulations.

This section applies where, in the case of an approved funded decommissioning programme, a modification is made of the programme or of the conditions to which its approval is subject.

The modification does not take effect until the relevant time, and from that time this Chapter has effect—

“The relevant time” means—

The time specified in a notice, as mentioned in subsection (3)(a) or (b), must not be earlier than the time the notice is given.

This section applies where either Condition A or Condition B is satisfied.

Condition A is that a funded decommissioning programme has been submitted to the Secretary of State under section 45 and the Secretary of State has not yet decided whether to approve or reject it.

Condition B is that—

The Secretary of State may by notice in writing require a person within subsection (5) —

Those persons are—

A notice under subsection (4)—

This section applies only to information and documents the provision or production of which the Secretary of State considers necessary for the purpose of making the decision referred to in subsection (2) or (3).

If at any time it appears to the Secretary of State that a person has failed to comply with a notice under subsection (4), the Secretary of State may make an application to the High Court under this section.

If, on an application under this section, the High Court decides that the person has failed to comply with the notice, it may order the person to take such steps as it directs for securing that the notice is complied with.

Where a nuclear site licence has been applied for, but not yet granted, in respect of a site, references in this section to the site operator include references to the person who has applied for a nuclear site licence in respect of the site.

This section applies where a funded decommissioning programme has been approved by the Secretary of State in relation to a site under section 46.

The Secretary of State may by notice in writing require information relating to the operation of the programme from—

A notice under subsection (2) may be given only for the purpose of enabling the Secretary of State to determine—

Subsection (5) applies if the Secretary of State has reason to believe (whether as a result of information obtained under this section or otherwise)—

The Secretary of State may by notice in writing require information from—for the purpose of enabling the Secretary of State to determine whether to make a proposal, or the nature of any proposal to be made, under section 48 in respect of the programme.

Where a notice under subsection (2) or (5) has been given, the Secretary of State may require the site operator to pay to the Secretary of State such fee in respect of costs incurred by the Secretary of State in obtaining advice in relation to the information as may be determined in accordance with regulations under section 54.

A fee under subsection (6) must be paid at a time determined in accordance with regulations under section 54.

If at any time it appears to the Secretary of State that a person has failed to comply with a notice under subsection (2) or (5), the Secretary of State may make an application to the High Court under this section.

If, on an application under this section, the High Court decides that the person has failed to comply with the notice, it may order the person to take such steps as it directs for securing that the notice is complied with.

The Secretary of State may make regulations about—

Regulations under this section may, in particular, make provision—

Regulations under this section may include provision making it an offence to contravene specified provisions of the regulations.

Where regulations under subsection (3) create an offence, they must also make provision as to the mode of trial and punishment of offences; but—

The Secretary of State may publish guidance about the preparation, content, modification and implementation of funded decommissioning programmes (including any matter mentioned in subsection (2)(a) to (e)).

The Secretary of State must publish guidance about factors which it may be appropriate to consider in deciding whether or not—

When making a decision of a kind mentioned in subsection (6), the Secretary of State must have regard to the guidance for the time being in force under this section.

Before making regulations or publishing guidance under this section, the Secretary of State must consult—in so far as the regulations or guidance relate to functions conferred on them by or under an enactment.

Subsection (8) may be satisfied by consultation before, as well as by consultation after, the commencement of this section or the passing of this Act.

The Secretary of State must lay before Parliament a copy of any guidance published under this section.

Guidance under this section may make different provision for different cases or circumstances.

Regulations under section 54 may make provision enabling the Secretary of State to rely, in specified circumstances, on verification of financial matters by an independent third party.

Regulations may, in particular, provide that for the purposes of the Secretary of State's functions under this Chapter, the Secretary of State may—

This section applies where, in relation to a site to which section 45 applies, any security for the performance of obligations relating to the designated technical matters has been provided by a person (“the security provider”) by way of a trust or other arrangements, in accordance with an approved funded decommissioning programme.

In this section a reference to “the protected assets” is a reference to the security and any property or rights in which it consists.

In this section “security” includes—

The manner in which, and purposes for which, the protected assets are to be applied and enforceable (whether in the event of the security provider's insolvency or otherwise) is to be determined in accordance with the trust or other arrangements.

For the purposes of subsection (4), no regard is to be had to so much of the Insolvency Act 1986 (c. 45), the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) or any other enactment or rule of law as, in its operation in relation to the security provider or any conduct of the security provider, would—

It is an offence for a site operator or a body corporate associated with a site operator (a “relevant person”) to fail to comply with an obligation imposed on the relevant person by an approved funded decommissioning programme in respect of the site.

In proceedings against a person for an offence under this section, it is a defence for the person to prove that due diligence was exercised to avoid committing the offence.

A person guilty of an offence under this section is liable—

This section applies where—

In this section—“the defaulter” means a person to whom subsection (1)(a) or (b) applies, and“unlawful conduct” means conduct which is unlawful under the criminal law of a part of the United Kingdom.

A person has engaged in unlawful conduct for the purposes of subsection (1) if—

The Secretary of State may direct the defaulter to take steps which the Secretary of State considers necessary or appropriate to comply with the obligation or remedy the effects of the unlawful conduct.

Before giving a direction under subsection (4), the Secretary of State must consult each interested body (within the meaning of section 46(6)) in so far as the direction relates to a function conferred on the interested body by or under an enactment.

If at any time it appears to the Secretary of State that the defaulter has failed to comply with a direction under subsection (4), the Secretary of State may make an application to the High Court under this section.

If, on an application under this section, the High Court decides that the defaulter has failed to comply with the direction, it may order the defaulter to take such steps as it directs for securing that the direction is complied with.

A person who discloses information obtained by virtue of a notice under section 52(4) or 53(2) or (5), or regulations under section 54(2)(e), is guilty of an offence unless the disclosure is permitted by this section.

The disclosure is permitted if—

A person guilty of an offence under this section is liable—

It is an offence for a person, knowingly or recklessly, to supply information which is false or misleading in a material respect to the Secretary of State in response to a requirement under this Chapter.

A person guilty of an offence under this section is liable—

The Secretary of State may, by order, modify section 45 so that it also applies where, on or after the day on which the order comes into force, a person applies for a nuclear site licence in respect of a site of a description specified in the order.

The sites which fall within a description specified under subsection (1) must be—

The Secretary of State may require a body within subsection (2) to provide the Secretary of State with such assistance as that body is reasonably able to give in connection with the performance by the Secretary of State of a function under this Chapter.

Those bodies are—

A body within subsection (2) may provide information to the Secretary of State if—

The Secretary of State may provide information to a body within subsection (2) if—

The persons are—

This section applies despite any statutory or other restriction on the disclosure of information.

Where a nuclear site licence has been applied for, but not yet granted, in respect of a site, references in this section to the site operator include references to the person who has applied for a nuclear site licence in respect of the site.

This section applies where a person (“the former site operator”) ceases to hold a nuclear site licence in respect of a site.

This Chapter continues to apply to the former site operator as if it were the site operator in relation to the site.

But the Secretary of State may give notice to the former site operator releasing it from its obligations under—

A notice under subsection (3)—

The power conferred by subsection (3) applies in relation to any other person with obligations under a programme within subsection (3)(b) as it applies in relation to the site operator.

This section is without prejudice to the operation of this Chapter in relation to another person who applies for or is granted a nuclear site licence in respect of the site.

Where the Secretary of State enters an agreement for, or in connection with, the disposal of relevant hazardous material by or on behalf of the Secretary of State, the agreement may provide for a fee to be paid to the Secretary of State.

The Secretary of State may not enter an agreement which provides for the payment of a fee unless the consent of the Treasury has been obtained in relation to the amount of the proposed fee.

The fee for which such an agreement provides may include—

The Secretary of State may make regulations providing for a person who makes a proposal to the Secretary of State to enter an agreement of the kind mentioned in subsection (1), or proposes an amendment to such an agreement, to pay a fee to the Secretary of State in respect of the costs incurred in relation to the consideration of the proposal, including, in particular, the costs of obtaining advice in relation to it.

The regulations may, in particular, make provision about—

In this section—“hazardous material” has the meaning given by section 37 of the Energy Act 2004 (c. 20);“relevant expenditure” means expenditure incurred by the Secretary of State, the Nuclear Decommissioning Authority or any other person;“relevant hazardous material” means hazardous material which is, or is required to be, the subject of a funded decommissioning programme.

For the purposes of this Chapter, one body corporate is associated with another if one of them has a significant interest in the other or a third body corporate has a significant interest in both of them; and subsections (2) to (5) set out the circumstances in which one body corporate (“A”) has a significant interest in another (“B”).

Where B is a company, A has a significant interest in B if A possesses or is entitled to acquire—

Where B is a limited liability partnership, A has a significant interest in B if A—

In subsection (3)(a) and (c) the references to “voting rights” are to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.

In any case, A has a significant interest in B if A has the power, directly or indirectly, to secure that the affairs of B are conducted in accordance with A's wishes.

In determining whether, by virtue of this section, A has a significant interest in B, A shall be taken to possess—

In order to determine whether one body corporate controls another for the purposes of subsection (6)(b), subsections (2) to (5) and (6)(a) are to be applied, but as if—

This section is subject to section 67A.

In determining whether, by virtue of section 67, A has a significant interest in B, the following are to be disregarded—

A holds “relevant share security rights” in relation to B if A holds—

A holds “relevant asset security rights” in relation to B if A holds—

Subsection (1) (b) does not apply if the shares acquired by A are retained by A for a purpose other than that of preserving the value of the security interest in question or of realising it.

In this section—

The Energy Act 2004 (c. 20) is amended as follows.

In section 105(2) (notices), for “that person” substitute.

In section 105(3) (consents) for the words from the beginning to “proposals—” substitute—.

After section 105 (requirement to prepare decommissioning programme) insert—

In section 108 (reviews of decommissioning programmes), after subsection (3) insert—

After section 110 of the Energy Act 2004 (c. 20) (failure to carry out decommissioning programme) insert—

In section 114(2) of that Act (interpretation), in the definition of “security” after paragraph (c) insert—.

Section 30 of the Petroleum Act 1998 (c. 17) (persons who may be required to submit programmes) is amended as follows.

In subsection (1)—

In subsection (2)(c) for “company” in each place substitute “ body corporate ”.

For subsection (5)(b) substitute—.

For subsection (8) substitute—

In subsection (9)—

In section 31 of that Act (notices: supplementary provision), before subsection (1) insert—

In section 34 of that Act (revision of programmes), after subsection (3) insert—

Section 38 of the Petroleum Act 1998 (c. 17) (information and notices) is amended as follows.

For subsection (1) substitute—

In subsection (2)—

After that subsection insert—

For subsection (4) substitute—

After subsection (6) add—

After section 38 of the Petroleum Act 1998 (c. 17) insert—

This section has effect in relation to a trust or other arrangements established on or after 1st December 2007.

In Part 5 of the Petroleum Act 1998 (c. 17), before section 46 (Northern Ireland and Isle of Man shares of petroleum revenue) insert—

This section applies in relation to any well the drilling of which commences on or after the date on which this section comes into force.

Schedule 3 amends the model clauses contained in the instruments specified in that Schedule.

Where a licence granted under the Petroleum (Production) Act 1934 (c. 36) or the Petroleum Act 1998 (c. 17), and in force immediately before commencement, incorporates model clauses amended by a paragraph of Schedule 3, the licence has effect with the amendments provided for by that paragraph of that Schedule.

The reference in subsection (2) to model clauses includes model clauses subject to any amendment or modification or with the omission of any model clause.

Where an amendment made by a paragraph of Schedule 3 confers a power to give a notice requiring the plugging and abandonment of a well, the power may not be exercised in relation to a well the drilling of which began before commencement.

Where an amendment made by a paragraph of Schedule 3 confers a power of revocation or partial revocation of a licence, that power may not be exercised by reason of an event which takes place before commencement.

A reference in any document to provisions of a licence which are amended by Schedule 3 is to be construed, unless the nature of the document or the context otherwise requires, as a reference to those provisions as amended.

A provision inserted in a licence by virtue of Schedule 3 may be altered or deleted by deed executed by the Secretary of State and the licensee or, as respects Scotland, by an instrument subscribed or authenticated by the Secretary of State and the licensee in accordance with the Requirements of Writing (Scotland) Act 1995 (c. 7).

In this section “commencement”, in relation to a paragraph of Schedule 3, means the time when that paragraph comes into force.

In section 66(1) of the Pipe-lines Act 1962 (c. 58) (interpretation)—

In section 12 of the Gas Act 1995 (c. 45) (rights to use gas processing facilities)—

In section 26 of the Petroleum Act 1998 (c. 17) (meaning of “pipeline”)—

In section 28 of that Act (interpretation of Part 3)—

The Pipe-lines Act 1962 (c. 58) is amended as follows.

After section 10F (reducing necessity for constructing additional pipelines) insert—

In section 10E (third party access to upstream petroleum pipelines), in subsection (1) after “pipe-lines” insert “ (but does not apply to a pipe-line if and to the extent that section 14 of the Petroleum Act 1998 applies in relation to it) ”.

In section 10F (supplemental provision relating to third party access), after subsection (4) add—

A person must not, without the written consent of the Secretary of State, carry out in the regulated zone (see section 82Q) any operation to which this subsection applies (see subsections (2) and (3)).

Subsection (1) does not apply to an operation if a marine licence under Part 4 of the Marine and Coastal Access Act 2009 is needed to carry out the operation.

Subject to that, subsection (1) applies to an operation if—

The descriptions of operations are—

The permissions are—and see also subsection (6).

For the purposes of this Part, the operations which may be carried out only with a permission falling within subsection (5) include operations which, by virtue of a permission falling within paragraph (a) or (b) of that subsection, may be carried out only with the consent of the Secretary of State or another person.

In the case of an authorised exploration or exploitation operation (see subsection (8))—

In this Part “authorised exploration or exploitation operation” means any operation—

The Secretary of State may, as a condition of considering an application for consent under section 82A, require to be furnished with such plans and particulars of the proposed operation as the Secretary of State may consider necessary.

On receipt of any such application, the Secretary of State may cause to be published notice of—

Any such notice is to be published in such a manner as to be likely to come to the attention of those likely to be interested in, or affected by, the application.

The Secretary of State may cause an inquiry to be held in connection with the determination of an application for consent.

If the Secretary of State is of the opinion that any operation in respect of which an application is made for consent under section 82A will cause, or is likely to result in, obstruction or danger to navigation, subsection (2) applies.

In any such case, the Secretary of State must either—

In exercising functions under subsection (2), the Secretary of State must have regard to the nature and extent of the obstruction or danger which it appears to the Secretary of State would otherwise be caused or be likely to result.

In the case of an authorised exploration or exploitation operation—

A consent of the Secretary of State under section 82A may be given so as to continue in force, unless renewed, only if the operation for which the consent is given is begun or completed within such period as may be specified in the consent.

Subsection (5) applies in relation to the renewal of a consent as it applies in relation to the giving of consent.

This section applies where the Secretary of State has given consent for an authorised exploration or exploitation operation, but subject to a condition (a “consent condition”).

A consent condition shall either—but this is subject to subsection (5).

A consent condition, in addition to binding the person to whom the consent is given, also binds, so far as is appropriate, any other person who for the time being owns, occupies, or enjoys any use of, the works in question.

Where—the Secretary of State may vary the condition for the purpose of enhancing the effectiveness of the aids to navigation which are to be provided or the other measures which are to be taken.

The Secretary of State may revoke any consent condition.

In this section “taking of navigational precautions” means any of the following—

This section applies if—

The Secretary of State may direct that person (the “defaulter”) to take steps which the Secretary of State considers necessary or appropriate to comply with the provision or condition within a period specified in the direction.

The Secretary of State must consult the defaulter before giving a direction under subsection (2).

If the defaulter fails to comply with a direction under subsection (2), the Secretary of State may—

A person taking action by virtue of subsection (4) may—

A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (4) notified P of the sum payable and ending with the date of payment.

The rate of interest payable in accordance with subsection (6) is a rate determined by the Secretary of State as comparable with commercial rates.

The defaulter must provide a person taking action by virtue of subsection (4) with such assistance as the Secretary of State may direct.

The power to give a direction under this section is without prejudice to any provision made—

This section applies in any case where—

The condition is that it appears to the Secretary of State that any danger to navigation has arisen by reason of—

If it appears to the Secretary of State necessary to do so in the interests of the safety of navigation, the Secretary of State may serve a notice (an “emergency safety notice”) on the consent holder.

By serving an emergency safety notice on the consent holder, the Secretary of State imposes on the consent holder such requirements as are prescribed in the notice with respect to any of the matters specified in subsection (5).

Those matters are—

An emergency safety notice may be served by the Secretary of State whether or not—

If the consent holder fails to comply with an emergency safety notice within the time allowed, the Secretary of State may—

For the purposes of subsection (1) “the time allowed” is the period of 24 hours beginning with the time when the emergency safety notice is served on the consent holder or as soon after the end of that period as is reasonably practicable.

A person taking action by virtue of subsection (1) may—

The persons are—

A person (“P”) liable to pay any sum by virtue of subsection (3)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (1) notified P of the sum payable and ending with the date of payment.

The rate of interest payable in accordance with subsection (5) is a rate determined by the Secretary of State as comparable with commercial rates.

Once an emergency safety notice has been complied with (whether by the consent holder or otherwise)—

If it appears to the Secretary of State (whether on the application of any person or otherwise) that the circumstances giving rise to the urgent necessity for the imposition of the requirements no longer exist, the Secretary of State must revoke the requirements by notice served on the consent holder.

Where the Secretary of State has served an emergency safety notice in respect of any particular circumstances, subsection (7) does not preclude the Secretary of State from serving a further such notice in respect of those circumstances.

This section applies where—

The persons are—

If it appears to the Secretary of State necessary to do so in the interests of the safety of navigation, the Secretary of State may serve a notice (an “immediate action notice”) on the person, imposing on the person one or more specified requirements falling within subsection (4).

The requirements are—

Subsections (1) to (6) of section 82G apply in relation to a person and an immediate action notice as they apply in relation to the consent holder and an emergency safety notice.

In this section “specified” means specified in the immediate action notice.

It is an offence for a person—

A person guilty of an offence under this section is liable—

It is an offence for a person to make a statement which the person knows to be false, or recklessly to make a statement which is false, in order to obtain the consent of the Secretary of State under section 82A(1).

It is an offence for a person to fail to disclose information which the person knows, or ought to know, to be relevant to an application for the consent of the Secretary of State under section 82A(1).

A person guilty of an offence under this section is liable—

It is an offence for a person to fail to comply with a direction under section 82E, unless the person proves that due diligence was exercised in order to avoid the failure.

A person guilty of an offence under this section is liable—

It is an offence for a person to fail to comply with—within the time allowed (within the meaning of section 82G(1)).

A person guilty of an offence under this section is liable—

Where the Secretary of State considers it necessary or expedient to restrain any actual or apprehended breach of section 82A(1), the Secretary of State may apply to the court for an injunction or, in Scotland, an interdict.

An application may be made whether or not the Secretary of State has exercised, or is proposing to exercise, any of the other powers under this Part.

On an application under subsection (1), the court may grant such an injunction or interdict as the court considers appropriate for the purpose of restraining the breach.

Rules of court may provide for an injunction or interdict to be issued against a person whose identity is unknown.

In this section “the court” means—

The Secretary of State may appoint persons to act as inspectors to assist in carrying out the functions of the Secretary of State under this Part.

The Secretary of State may make payments, by way of remuneration or otherwise, to inspectors appointed under this section.

The Secretary of State may make regulations about—

The powers conferred by virtue of subsection (3) may include powers of a kind specified in section 108(4) of the Environment Act 1995 (powers of entry, investigation, etc).

Any regulations under this section may provide for the creation of offences which are punishable—

Proceedings for a relevant offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) does not apply to any proceedings for a relevant offence.

In this section “relevant offence” means—

The Secretary of State may charge fees in connection with carrying out functions under this Part.

The fees are to be determined by or in accordance with regulations made by the Secretary of State.

The regulations may authorise the fees to be determined by or in accordance with a scheme made by the Secretary of State.

The Secretary of State may by order provide that specified provisions of this Part are to apply, subject to any specified modifications, in relation to the carrying out of specified operations, or operations of a specified description, in the Scottish inshore region.

The operations must be operations—

The reference in subsection (1) to “the Scottish inshore region” includes a reference to—

If an order under this section makes provision in relation to the carrying out of an operation in the course of taking installation abandonment measures—

For the purposes of this section “installation abandonment measures” are any measures taken in connection with the abandonment of—whether or not the measures are taken in pursuance of an abandonment programme.

In subsection (5) “abandonment programme” means—

In this section “specified” means specified in the order.

In section 4AA of the Gas Act 1986 (c. 44) (duties of the Gas and Electricity Markets Authority)—

In section 3A of the Electricity Act 1989 (c. 29) (duties of the Gas and Electricity Markets Authority)—

The Secretary of State may modify—

The Secretary of State may exercise the power conferred by subsection (1) for the purpose only of facilitating—

The power conferred by subsection (1)—

The power conferred by subsection (1) may not be exercised after the end of the period of 2 years beginning with the day on which that subsection comes into force.

Provision included in a licence by virtue of that power—

In this section—“offshore waters” means—waters in or adjacent to Great Britain which are between the low water mark and the seaward limits of the territorial sea, and waters within an area designated under section 1(7) of the Continental Shelf Act 1964 (c. 29);“transmission system” has the meaning given by section 4(4) of the Electricity Act 1989.

Before making a modification, the Secretary of State must consult—

Subsection (1) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.

The Secretary of State must publish details of any modifications as soon as reasonably practicable after they are made.

In this section “modification” means a modification under section 84.

A modification under section 84 of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Electricity Act 1989 (c. 29).

Where the Secretary of State makes modifications under section 84(1)(b) of the standard conditions of a licence of any type, the Gas and Electricity Markets Authority must—

The Secretary of State may by order make such modifications of provisions made by or under an Act or an Act of the Scottish Parliament (whenever passed or made) as the Secretary of State considers appropriate in consequence of provision made under section 84.

In section 1 of the Sustainable Energy Act 2003 (c. 30) (annual reports on progress towards sustainable energy aims)—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Secretary of State may modify—

The Secretary of State may exercise the power in subsection (1) for the purpose only of—

Modifications made by virtue of subsection (1) may include—

The power conferred by subsection (1)—

The power conferred by subsection (1) may not be exercised after the end of 1 November 2028.

Provision included in a licence by virtue of that power—

In this section a reference to a meter includes a reference to a visual display unit, or any other device, associated with or ancillary to a meter.

Before making a modification, the Secretary of State must consult—

Subsection (1) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.

Before making modifications, the Secretary of State must lay a draft of the modifications before Parliament.

If, within the 40-day period, either House of Parliament resolves not to approve the draft, the Secretary of State may not take any further steps in relation to the proposed modifications.

If no such resolution is made within that period, the Secretary of State may make the modifications in the form of the draft.

Subsection (4) does not prevent a new draft of proposed modifications being laid before Parliament.

The Secretary of State must publish details of any modifications as soon as reasonably practicable after they are made.

In this section “40-day period”, in relation to a draft of proposed modifications, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).

For the purposes of calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

In this section “modification” means a modification under section 88.

A modification under section 88 of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986 (c. 44) or Part 1 of the Electricity Act 1989 (c. 29).

Where the Secretary of State makes modifications under section 88(1)(b) or (d) of the standard conditions of a licence of any type, the Gas and Electricity Markets Authority must—

The Secretary of State may by order make such modifications of provision made by or under an Act or an Act of the Scottish Parliament (whenever passed or made) as the Secretary of State considers appropriate in consequence of provision made under section 88.

The Gas and Electricity Markets Authority may by regulations make provision about the procedure to be followed in relation to the grant of a smart meter communication licence.

Regulations under subsection (1) may provide that the procedure is to consist of either (but not both) of the following—

Regulations under subsection (1) may make provision by reference to a determination by the Authority or to the opinion of the Authority as to any matter.

The approval of the Secretary of State is required for the making of regulations under subsection (1).

In this section and in sections 91B to 91D—“the Authority” means the Gas and Electricity Markets Authority;“smart meter communication licence” means a licence under section 7AB of the Gas Act 1986 or a licence under section 6(1)(f) of the Electricity Act 1989.

Regulations under section 91A(1)—

Any sums received by the Authority under regulations under section 91A(1) are to be paid into the Consolidated Fund.

Regulations made in reliance on section 91A(2)(a) may—

Regulations in reliance on section 91A(2)(a) may also include provision—

In this section—“prescribed” means prescribed in or determined under regulations under section 91A(1);“tender exercise” means the procedure set out in regulations made in reliance on section 91A(2)(a) for determining to whom a particular smart meter communication licence is to be granted.

The Authority may modify—

The Authority may exercise the power in subsection (1) only if the Authority considers it necessary or expedient to do so for the purposes of, or in preparation for, the grant of a smart meter communication licence.

The power conferred by subsection (1)—

Provision included in a licence in reliance on subsection (1)—

A modification under subsection (1) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986 or Part 1 of the Electricity Act 1989.

Where the Authority makes modifications under subsection (1) of the standard conditions of a licence of any type, the Authority must—

In this section—“relevant licence” means a licence for the purposes of section 5 of the Gas Act 1986 or section 4 of the Electricity Act 1989 (prohibitions on unlicensed activities);“specified” means specified in the modification.

Before making a modification under section 91C, the Authority must consult—

Subsection (1) may be satisfied by consultation undertaken before the passing of the Data (Use and Access) Act 2025.

If, after carrying out the consultation, the Authority decides to make the modification, it must publish a notice about the decision which—

The notice must be published in such manner as the Authority considers appropriate for bringing it to the attention of those likely to be affected by the making of the modification.

The functions of the Gas and Electricity Markets Authority (“the Authority”) under gas meter legislation are transferred to the Secretary of State.

References in gas meter legislation to the Authority (including references in that legislation which, by virtue of section 3(2) of the Utilities Act 2000 (c. 27), are treated as references to the Authority) are to be treated, so far as necessary for the purposes or in consequence of the transfer, as if they were references to the Secretary of State.

Regulations made, or treated as made, by the Authority under section 17 of the Gas Act 1986 (gas meter testing and stamping) and in force immediately before commencement have effect on and after commencement as if they had been made by the Secretary of State.

Anything else done by the Authority under gas meter legislation which has effect immediately before commencement has effect on and after commencement as if it had been done by the Secretary of State.

In this section—“commencement” means the day on which this section comes into force;“gas meter legislation” means—section 17 of the Gas Act 1986 (c. 44), and gas meter regulations;“gas meter regulations” means—the Measuring Instruments (EEC Requirements) Regulations 1988 (S.I. 1988/186); the Measuring Instruments (EEC Requirements) (Gas Volume Meters) Regulations 1988 (S.I. 1988/296); the Measuring Instruments (Non-Prescribed Instruments) Regulations 2006 (S.I. 2006/1270); the Measuring Instruments (Gas Meters) Regulations 2006 (S.I. 2006/2647); any regulations made, or treated as made, under section 17 of the Gas Act 1986.

Section 17 of the Gas Act 1986 is amended as follows.

In subsection (2) for the words “a member of the Director's staff” (which, by virtue of section 3(2) of the Utilities Act 2000 (c. 27), are treated as a reference to a member of the staff of the Gas and Electricity Markets Authority) substitute “ employed in the civil service of the State ”.

In subsections (7), (8) and (10) for the words “members of the Director's staff” (which, by virtue of section 3(2) of the Utilities Act 2000, are treated as references to members of the Authority's staff) substitute “ employed in the civil service of the State ”.

After subsection (7) insert—

In subsection (9) omit “with the consent of the Secretary of State”.

The Secretary of State may modify—

The Secretary of State may exercise the power in subsection (1) for the purpose only of enabling the Gas and Electricity Markets Authority (“the Authority”) to recover and pay into the Consolidated Fund amounts in respect of—

The power in subsection (1) includes a power to make incidental, consequential or transitional modifications.

Before making a modification under this section the Secretary of State must consult—

Subsection (4) may be satisfied by consultation before, as well as by consultation after, the time when this section comes into force.

The Secretary of State must publish modifications under this section.

A modification under subsection (1)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Gas Act 1986.

Where the Secretary of State modifies the standard conditions under subsection (1)(b), the Authority must—

The power under subsection (1) may not be exercised after the end of the period of 6 months beginning with the day on which that subsection comes into force.

The functions of the Gas and Electricity Markets Authority (“the Authority”) under electricity meter legislation are transferred to the Secretary of State.

References in electricity meter legislation to the Authority (including references in that legislation which, by virtue of section 3(2) of the Utilities Act 2000 (c. 27), are treated as references to the Authority) are to be treated, so far as necessary for the purposes or in consequence of the transfer, as if they were references to the Secretary of State.

Regulations made, or treated as made, by the Authority under Schedule 7 (other than paragraph 12 of that Schedule) to the Electricity Act 1989 (c. 29) (electricity meters) and in force immediately before commencement have effect on and after commencement as if they had been made by the Secretary of State.

Anything else done by the Authority under electricity meter legislation which has effect immediately before commencement is treated on and after commencement as if it had been done by the Secretary of State.

In this section—“commencement” means the day on which this section comes into force;“electricity meter legislation” means—Schedule 7 (other than paragraph 12 of that Schedule) to the Electricity Act 1989 (c. 29), and electricity meter regulations;“electricity meter regulations” means—the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 (S.I. 1995/2607); the Electromagnetic Compatibility Regulations 2006 (S.I. 2006/3418); the Measuring Instruments (Active Electrical Energy Meters) Regulations 2006 (S.I. 2006/1679); any regulations made under Schedule 7 (other than paragraph 12 of that Schedule) to the Electricity Act 1989.

The Electricity Act 1989 is amended as follows.

In section 106 (regulations and orders), in subsection (1) after “conferred by” insert “ section 23, ”.

In paragraph 1 of Schedule 7 (consumption to be monitored by appropriate meters)—

In paragraph 4 of that Schedule (appointment of meter examiners)—

In paragraph 5 of that Schedule (certification of meters), in sub-paragraph (4)(b) after “paid” (in the first place) insert “ to meter examiners employed in the civil service of the State ”.

In paragraph 6 of that Schedule (apparatus for testing etc of meters), in sub-paragraph (2) for “their functions under” substitute “ functions conferred by or under ”.

In paragraph 7 of that Schedule (testing etc of meters)—

For paragraph 10 of that Schedule (meters to be kept in proper order), for sub-paragraph (2A) substitute—

In paragraph 13 of that Schedule (interpretation) for the definition of “regulations” substitute—

The Secretary of State may modify—

The Secretary of State may exercise the power in subsection (1) for the purpose only of enabling the Gas and Electricity Markets Authority (“the Authority”) to recover and pay into the Consolidated Fund amounts in respect of—

The power in subsection (1) includes a power to make incidental, consequential or transitional modifications.

Before making a modification under this section the Secretary of State must consult—

Subsection (4) may be satisfied by consultation before, as well as by consultation after, the time when this section comes into force.

The Secretary of State must publish modifications under this section.

A modification under subsection (1)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Electricity Act 1989 (c. 29).

Where the Secretary of State modifies the standard conditions of licences of any type under subsection (1)(b), the Authority must—

The power under subsection (1) may not be exercised after the end of the period of 6 months beginning with the day on which that subsection comes into force.

Section 16A of the Electricity Act 1989 (procedure for requiring a connection) is amended as follows.

After subsection (4) insert—

In subsection (5) for “and any information” to “connection” substitute “ , any information requested under subsection (3) and any amount payable by virtue of subsection (4A) to the distributor by the person requiring the connection, the distributor shall give to that person ”.

Part 1 of the Health and Safety at Work etc. Act 1974 (c. 37) has effect as if section 29 of the Electricity Act 1989 (c. 29) (security of supply, safety and inspections), and regulations made under that section, in so far as they relate to the protection of the public from dangers relating to electricity and to eliminating or reducing the risks of personal injury, were existing statutory provisions within the meaning of that Part.

Without prejudice to the generality of section 15(1) of the 1974 Act (health and safety regulations), regulations under that section may—

The Secretary of State may make regulations—

Regulations under this section may confer any function on any person.

Regulations under this section may provide for a function conferred on a person to be exercisable on behalf of another person.

Regulations under this section may, in particular—

In this section—“Authority” means the Gas and Electricity Markets Authority;“biofuel” means liquid or gaseous fuel which is produced wholly from biomass;“biogas” means gas produced by the anaerobic or thermal conversion of biomass;“biomass” means material, other than fossil fuel or peat, which is, or is derived directly or indirectly from, plant matter, animal matter, fungi or algae;“biomethane” means biogas which is suitable for conveyance through pipes to premises in accordance with a licence under section 7 of the Gas Act 1986 (c. 44) (gas transporter licences);“designated fossil fuel suppliers” means—if the regulations so provide, a specified class of fossil fuel suppliers, and in any other case, all fossil fuel suppliers;“fossil fuel” means—coal; lignite; natural gas (within the meaning of the Energy Act 1976 (c. 76)); crude liquid petroleum; petroleum products (within the meaning of that Act); any substance produced directly or indirectly from a substance mentioned in paragraphs (a) to (e);“fossil fuel supplier” means a person who supplies fossil fuel to consumers for the purpose of generating heat;“other administration function” means a function relating to the administration of a scheme established under this section, other than a function conferred by regulations under subsection (2)(bb);“owner”, in relation to any plant which is the subject of a hire purchase agreement, a conditional sale agreement or any agreement of a similar nature, means the person in possession of the plant under that agreement;“plant” includes any equipment, apparatus or appliance;“renewable generation of heat” means the generation of heat by means of a source of energy or technology mentioned in subsection (4).

The sources of energy and technologies are—

Regulations may—

Regulations may make provision, for the purposes of subsection (2)(a)(iii) and the definition of “fossil fuel supplier”, specifying that particular activities do or do not constitute generating heat.

Before making regulations under this section which extend to Scotland, the Secretary of State must—

Sections 4AA to 4B of the Gas Act 1986 (c. 44) (principal objectives and general duties) apply to the carrying out, as respects the matters mentioned in subsection (2), of functions conferred on the Secretary of State or the Authority by or under—

The matters are—

In section 4AA(2)(b) of the Gas Act 1986 (c. 44) (duty to have regard to ability of licence holders to finance obligations) for “or the Utilities Act 2000” substitute “ , the Utilities Act 2000 or Part 5 of the Energy Act 2008 ”.

Sections 3A to 3D of the Electricity Act 1989 (c. 29) (principal objectives and general duties) apply to the carrying out, as respects the matters mentioned in subsection (5), of functions conferred on the Secretary of State or the Authority by or under—