Energy Act 2004

[^key-b8544ada9fdf15a69ccf6770b9d63a3a]: Sch. 20 power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 50

[^key-51218c29b67160a17e18e97c97bd8a62]: Sch. 21 power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 50

[^key-d0057a32d7fc6296730f80e14ef803a1]: Sch. 8: power to amend conferred (26.10.2023) by Energy Act 2023 (c. 52), ss. 315, 334(2)(o)

[^key-75e814e21f4e9d027bc553bb2e84d9ff]: S. 55A and cross-heading inserted (26.10.2023) by Energy Act 2023 (c. 52), ss. 307(1), 334(2)(n)

[^key-37493e97db39c06871d43003a62cfeab]: S. 55B inserted (26.10.2023) by Energy Act 2023 (c. 52), ss. 308(2), 334(2)(n)

[^key-9d519566258aa1c90c978c03ccf7b79a]: S. 131D inserted (26.10.2023) by Energy Act 2023 (c. 52), ss. 157, 334(2)(e)

[^key-77e66f7fed70aad2b1494d354a7dc39b]: S. 56(3A) inserted (26.10.2023) by Energy Act 2023 (c. 52), ss. 307(2), 334(2)(n)

[^key-ac1eddf0d76516b110c4484fe7f4d68c]: S. 59(3A) inserted (26.10.2023) by Energy Act 2023 (c. 52), ss. 308(3), 334(2)(n)

[^key-a0bd07797ffc2dc517e1dd4270119512]: Words in s. 71(1) inserted (26.10.2023) by Energy Act 2023 (c. 52), ss. 307(3), 334(2)(n)

[^key-85991a34f53dacc4468f4e2e40b4ff29]: Ss. 156-167 applied (with modifications) (26.12.2023) by Energy Act 2023 (c. 52), ss. 44, 334(3)(a)

[^key-2e30e059b2d95eab43c69fe71bfcc9c5]: S. 171 applied (with modifications) (26.12.2023) by Energy Act 2023 (c. 52), ss. 44(5)(6), 334(3)(a)

[^key-27240c400c035c42f050ea5ccaf28c4c]: S. 196 applied (with modifications) (26.12.2023) by Energy Act 2023 (c. 52), ss. 44(5)(6), 334(3)(a)

[^key-9e2e78c833ffe071e96d8acd5411e7e8]: Sch. 20 applied (with modifications) (26.12.2023) by Energy Act 2023 (c. 52), ss. 44, 334(3)(a)

[^key-6ddb0355bc9b727a66e8c3c11c59e3c7]: Sch. 21 applied (with modifications) (26.12.2023) by Energy Act 2023 (c. 52), ss. 44, 334(3)(a)

[^key-dd345823bbc29c278b5dd01448e13e50]: Pt. 3 Ch. 3 power to apply and modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 48, 334(3)(a)

[^key-265d263b476a66aa1abedbb97af1d8a8]: Words in s. 159(3) substituted (26.12.2023) by Energy Act 2023 (c. 52), ss. 45, 334(3)(a)

[^key-356eeb2008123d2398fcb6a7e2e2b622]: Words in s. 170(1) substituted (26.12.2023) by Energy Act 2023 (c. 52), ss. 47(3), 334(3)(a)

[^key-0dbe98117089734e9e8bb8bf2457fe97]: Words in s. 54(1)(b) omitted (31.1.2024) by virtue of Energy Act 2023 (c. 52), ss. 310(2)(a), 334(1); S.I. 2024/32, reg. 3(c)

[^key-e6b38e66aef2db26fd753dc72d999fd7]: Words in Sch. 12 para. 2(3) omitted (31.1.2024) by virtue of Energy Act 2023 (c. 52), ss. 310(2)(b)(i), 334(1); S.I. 2024/32, reg. 3(c)

[^key-258857318700dd52d6368419d0362b23]: Words in Sch. 12 para. 3(1) substituted (31.1.2024) by Energy Act 2023 (c. 52), ss. 310(1)(a)(i), 334(1); S.I. 2024/32, reg. 3(c)

[^key-e4a0b44be411a8cc2514ac8a52ec5974]: Words in Sch. 12 para. 3(1) substituted (31.1.2024) by Energy Act 2023 (c. 52), ss. 310(1)(a)(ii), 334(1); S.I. 2024/32, reg. 3(c)

[^key-146d6238fede4f1a4e0b24125c6ed53e]: Sch. 12 para. 3(5) substituted (31.1.2024) by Energy Act 2023 (c. 52), ss. 310(1)(b), 334(1); S.I. 2024/32, reg. 3(c)

[^key-cea45f90efcfe4634e342a6ac5f237de]: Words in Sch. 12 para. 7(2)(a) omitted (31.1.2024) by virtue of Energy Act 2023 (c. 52), ss. 310(2)(b)(ii), 334(1); S.I. 2024/32, reg. 3(c)

[^key-6aab2325ebe587ca40ba1f24ac150cf2]: Sch. 8 para. 9A and cross-heading inserted (27.2.2024) by The Nuclear Decommissioning Authority (Pension Scheme Amendment) Regulations 2024 (S.I. 2024/219), regs. 1(1), 5(2)

[^key-218d9626ec3fd382bdf58b07b7df6dd6]: Sch. 8 para. 10(6)(za)(zb) inserted (27.2.2024) by The Nuclear Decommissioning Authority (Pension Scheme Amendment) Regulations 2024 (S.I. 2024/219), regs. 1(1), 5(3)(a)(i)

[^key-1acbc371aa7ed5255271c430b526c91f]: Words in Sch. 8 para. 10(6)(a) inserted (27.2.2024) by The Nuclear Decommissioning Authority (Pension Scheme Amendment) Regulations 2024 (S.I. 2024/219), regs. 1(1), 5(3)(a)(ii)

[^key-7dc0a0e7d30e49fb955c3898fa8e4b57]: Sch. 8 para. 10(7)(za)(zb) inserted (27.2.2024) by The Nuclear Decommissioning Authority (Pension Scheme Amendment) Regulations 2024 (S.I. 2024/219), regs. 1(1), 5(3)(b)

[^key-6e5f9079858275ca0787d4aff2082642]: Sch. 8 para. 11(7)(za)(zb) inserted (27.2.2024) by The Nuclear Decommissioning Authority (Pension Scheme Amendment) Regulations 2024 (S.I. 2024/219), regs. 1(1), 5(4)(a)(i)

[^key-a2db71eae432ef800737a3cbc3bf3a20]: Words in Sch. 8 para. 11(7)(a) inserted (27.2.2024) by The Nuclear Decommissioning Authority (Pension Scheme Amendment) Regulations 2024 (S.I. 2024/219), regs. 1(1), 5(4)(a)(ii)

[^key-64cb222b034a4568747602e93d51c0e6]: Sch. 8 para. 11(8)(za)(zb) inserted (27.2.2024) by The Nuclear Decommissioning Authority (Pension Scheme Amendment) Regulations 2024 (S.I. 2024/219), regs. 1(1), 5(4)(b)

[^M_F_b2c74fe1-bb6f-4b8a-a47f-65b7b9e3f6c1]: S. 173(2A)(2B) inserted (18.10.2011) by Energy Act 2011 (c. 16), ss. 81(4), 121(4)

[^M_F_a13e90ff-9347-4fb8-91b7-823f12534c86]: S. 175(4)(b)(i)(ii) substituted for words (18.10.2011) by Energy Act 2011 (c. 16), ss. 81(5), 121(4)

[^M_F_a60caf97-c845-4a7a-c09d-b68b0def9b80]: Words in Sch. 22 para. 3(6) inserted (18.10.2011) by Energy Act 2011 (c. 16), ss. 81(6), 121(4)

[^key-cb3499a3e3cb11d8b8986a5dc518cc63]: S. 173(2C) inserted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 10; S.I. 2024/890, reg. 2(b)(x)

[^key-53c0651c8cf00ba87c581743d959b72a]: Words in Sch. 22 para. 4(1) substituted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 11(2)(a); S.I. 2024/890, reg. 2(b)(x)

[^key-bc932d4b317eda1cf874ff76843dbda4]: Sch. 22 para. 4(1A) inserted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 11(2)(b); S.I. 2024/890, reg. 2(b)(x)

[^key-11a656d243e078c4f21987285d91b9d8]: Words in Sch. 22 para. 4(2) substituted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 11(2)(c); S.I. 2024/890, reg. 2(b)(x)

[^key-a752858a9caa1ade872a02d258395038]: Words in Sch. 22 para. 6(1) substituted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 11(3)(a); S.I. 2024/890, reg. 2(b)(x)

[^key-93885b74c7f7841bff22410cba68a06b]: Words in Sch. 22 para. 6(2) substituted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 11(3)(b)(i); S.I. 2024/890, reg. 2(b)(x)

[^key-e409be47b18e56cc98f910af90cd0c36]: Words in Sch. 22 para. 6(2) substituted (10.9.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 14 para. 11(3)(b)(ii); S.I. 2024/890, reg. 2(b)(x)

[^key-a05134aa415601085fac16b918af2cbf]: Words in s. 184(13) substituted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 6; S.I. 2024/957, reg. 2(a)

[^key-bbd678072062947abb1af6d0264c76c5]: Words in Sch. 10 para. 8(6) substituted (18.9.2025) by The Civil Nuclear Police Authority (Borrowing Limit) (Amendment) Order 2025 (S.I. 2025/838), arts. 1(2), 2

59A

• (1) A member of the Constabulary serving with the National Crime Agency under arrangements to which subsection (2) applies shall—

• (a) be under the direction and control of the Director General of the National Crime Agency, and

• (b) continue to be a constable.

• (2) This subsection applies to arrangements made between the Director General of the National Crime Agency and the chief constable.

Disregard for tax purposes of provisions recognised by NDA

Taxation

Members of Constabulary serving with other forces

Nuclear transfer scheme for UKAEA Constabulary

Application of the 1965 Act to Northern Ireland

Additional functions of UKAEA

Sustainable development

Activities offshore requiring 1989 Act licences

Expenditure on nuclear related matters

Application of the 1965 Act to Northern Ireland

Application of criminal law to renewable energy installations etc.

Interpretation of Chapter 2 of Part 2

Approval of decommissioning programmes

Safety zones around renewable energy installations

Amendments of 1989 Act consequential on Chapter 2 of Part 2

Interpretation of Chapter 2 of Part 2

Requirement to prepare decommissioning programmes

Conversion of existing transmission licences

Standard conditions for electricity interconnectors

Grant of electricity interconnector licences to existing operators

Standard conditions for gas interconnectors

Grant of electricity interconnector licences to existing operators

Annual report on security of energy supplies

Annual report on security of energy supplies

Disapplication of existing regimes

Power to impose charges to fund energy functions

Grant of gas interconnector licences to existing operators

Notifications and documents in electronic form

Power to impose charges to fund energy functions

Application of civil aviation regulations to renewable energy installations

Conversion of existing transmission licences

Section 105 notices: supplemental

Standard conditions for electricity interconnectors

Standard conditions for gas interconnectors

Disapplication of existing regimes

Operators of gas interconnectors to be licensed

Meaning of “high voltage line”

Assistance for areas with high distribution costs

Disapplication of existing regimes

Meaning of “high voltage line”

Supplementary provision about licence condition powers

Disregard for tax purposes of provisions recognised by NDA

Establishment and maintenance of the Account

Nuclear transfer schemes

Pensions

Additional functions of UKAEA

Application of criminal law to renewable energy installations etc.

Amendments of 1989 Act consequential on Chapter 2 of Part 2

Other amendments consequential on Chapter 2 of Part 2

Section 105 notices: supplemental

Approval of decommissioning programmes

Issue of green certificates in Great Britain

Issue of green certificates in Northern Ireland

Consultation in relation to Northern Ireland renewables orders

Appointment of the Administrator

Power to modify licence conditions

New standard conditions for transmission licences

Grant of transmission licences

Consequential amendments of the 1989 Act

Operators of gas interconnectors to be licensed

Standard conditions for gas interconnectors

Disapplication of existing regimes

Extraterritorial application of Gas Act 1986

Modification of Chapter 3 of Part 3 under Enterprise Act 2002

Annual report on security of energy supplies

Annual report on security of energy supplies

Assistance for areas with high distribution costs

Assistance for areas with high distribution costs

Power to impose charges to fund energy functions

Application of general duties to Part 3 functions etc.

Supplementary provision about licence condition powers

Notifications and documents in electronic form

Short title, commencement and extent

121A

• (1) GEMA and the Northern Ireland Authority for Utility Regulation (“the Northern Ireland Authority”) shall be entitled—

• (a) to enter into arrangements for GEMA to act on behalf of the Northern Ireland Authority for, or in connection with, the carrying out of the 2003 guarantees of origin functions; and

• (b) to give effect to those arrangements.

• (2) In this section “the 2003 guarantees of origin functions” means the functions conferred on the Northern Ireland Authority under or for the purposes of the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations (Northern Ireland) 2003.

New standard conditions for transmission licences

Grant of transmission licences

Consequential amendments of the 1989 Act

Operators of gas interconnectors to be licensed

Standard conditions for gas interconnectors

Disapplication of existing regimes

Extraterritorial application of Gas Act 1986

Meaning of “high voltage line”

Assistance for areas with high distribution costs

Payments of sums raised by fossil fuel levy

Supplementary provision about licence condition powers

Supplementary provision about licence condition powers

Notifications and documents in electronic form

Short title, commencement and extent

Sustainable development

Activities offshore requiring 1989 Act licences

Amendments of 1989 Act consequential on Chapter 2 of Part 2

Amendments of 1989 Act consequential on Chapter 2 of Part 2

Other amendments consequential on Chapter 2 of Part 2

Interpretation of Chapter 2 of Part 2

Use of green certificates issued in Northern Ireland

Use of green certificates issued in Northern Ireland

Issue of green certificates in Northern Ireland

125A

• (1) An RTF order may—

• (a) confer or impose powers and duties on the Administrator for purposes connected with the implementation of provision made by or under this Chapter;

• (b) confer discretions on the Administrator in relation to the making of determinations under such an order and otherwise in relation to the Administrator's powers and duties; and

• (c) impose duties on transport fuel suppliers for purposes connected with the Administrator's powers and duties (including, in particular, duties framed by reference to determinations made by the Administrator).

• (2) It is the duty of the Administrator to promote the supply of renewable transport fuel whose production, supply or use—

• (a) causes or contributes to the reduction of carbon emissions, and

• (b) contributes to sustainable development or the protection or enhancement of the environment generally.

125B

• (1) The powers that may be conferred on the Administrator by virtue of section 125A(1) include, in particular—

• (a) power to require a transport fuel supplier to provide the Administrator with such information as the Administrator may require for purposes connected with the carrying out of the Administrator's functions;

• (b) power to impose requirements as to the form in which such information must be provided and as to the period within which it must be provided;

• (c) power to imposes charges of specified amounts on transport fuel suppliers.

• (2) The Secretary of State may give written directions to the Administrator about the exercise of any power conferred on the Administrator by virtue of subsection (1)(a) or (b).

• (3) The power to give directions under subsection (2) includes power to vary or revoke the directions.

• (4) The Administrator must comply with any directions given under that subsection.

• (5) Sums received by the Administrator by virtue of provision within subsection (1)(c)—

• (a) where the Administrator is the Secretary of State, must be paid into the Consolidated Fund, and

• (b) otherwise, must be used for the purpose of meeting costs incurred in carrying out the Administrator's functions.

• (6) The Secretary of State may make grants to the Administrator on such terms as the Secretary of State may determine.

125C

• (1) The Secretary of State may by order—

• (a) appoint a person as the Administrator (“the new Administrator”) in place of a person previously so appointed by order under this Chapter (“the old Administrator”), and

• (b) provide for the transfer of the functions of the old Administrator to the new Administrator.

• (2) Only the following persons may be appointed as the Administrator by order under this section—

• (a) the Secretary of State;

• (b) a body or other person established or appointed by or under any enactment to carry out other functions;

• (c) a body corporate established by the order for appointment as the Administrator.

• (3) An order under this section that establishes a body for appointment as the Administrator may make any provision that may be made by an RTF order by virtue of section 125.

• (4) An order under this section may provide for the transfer of staff of the old Administrator, and of any property, rights or liabilities to which the old Administrator is entitled or subject, to the new Administrator and may, in particular—

• (a) provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order;

• (b) provide for the creation of interests in, or rights over, property transferred or retained or for the creation of new rights and liabilities;

• (c) provide for the order to have effect in spite of anything that would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.

• (5) The order may, in particular—

• (a) provide for anything done by or in relation to the old Administrator to have effect as if done by or in relation to the new Administrator;

• (b) permit anything (which may include legal proceedings) which is in the process of being done by or in relation to the old Administrator when the transfer takes effect to be continued by or in relation to the new Administrator;

• (c) provide for a reference to the old Administrator in an instrument or other document to be treated as a reference to the new Administrator;

• (d) where the old Administrator was established by order under this Chapter, make provision for the dissolution of the old Administrator;

• (e) make such modifications of any enactment relating to the old Administrator or the new Administrator as the Secretary of State considers appropriate for the purpose of facilitating the transfer.

• (6) An order under this section that provides for the transfer of staff of the old Administrator to the new Administrator must make provision for the Transfer of Undertakings (Protection of Employment) Regulations 2006 to apply to the transfer.

• (7) Subject to subsection (8), an order under this section is subject to the negative resolution procedure.

• (8) The power to make an order under this section is subject to the affirmative resolution procedure if the order—

• (a) contains provision by virtue of subsection (2)(c), or

• (b) makes any modification of an enactment contained in—

• (i) an Act of Parliament,

• (ii) an Act of the Scottish Parliament,

• (iii) a Measure or Act of the National Assembly for Wales, or

• (iv) Northern Ireland legislation.

131A

• (1) This section applies to information held by or on behalf of the Commissioners for Her Majesty's Revenue and Customs in connection with their functions under or by virtue of the Hydrocarbon Oil Duties Act 1979.

• (2) Such information may be disclosed to—

• (a) the Administrator, or

• (b) an authorised person,

for the purposes of or in connection with the Administrator's functions.

• (3) In this Chapter “authorised person” means a person who—

• (a) provides services to, or exercises functions on behalf of, the Administrator, and

• (b) is authorised by the Administrator to receive information to which this section applies.

• (4) The Administrator may authorise such a person to receive information to which this section applies either generally or for a specific purpose.

131B

• (1) This section applies to information disclosed under section 131A, other than information which is also provided to the Administrator or an authorised person otherwise than under that section.

• (2) Information to which this section applies may not be disclosed—

• (a) by the Administrator,

• (b) by an authorised person, or

• (c) by any other person who obtains it in the course of providing services to, or exercising functions on behalf of, the Administrator,

except as permitted by the following provisions of this section.

• (3) Subsection (2) does not apply to a disclosure made—

• (a) by the Administrator to an authorised person,

• (b) by an authorised person to the Administrator, or

• (c) by an authorised person to another authorised person,

for the purposes of, or in connection with, the discharge of the Administrator's functions.

• (4) Subsection (2) does not apply to a disclosure if it is—

• (a) authorised by an enactment,

• (b) made in pursuance of an order of a court,

• (c) made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom) relating to a matter in respect of which the Administrator has functions,

• (d) made for the purposes of civil proceedings (whether or not within the United Kingdom) relating to a matter in respect of which the Administrator has functions,

• (e) made with the consent of the Commissioners for Her Majesty's Revenue and Customs, or

• (f) made with the consent of each person to whom the information relates.

131C

• (1) A person commits an offence if—

• (a) he discloses information about a person in contravention of section 131B(2), and

• (b) the person's identity is specified in the disclosure or can be deduced from it.

• (2) In subsection (1) “information about a person” means revenue and customs information relating to a person within the meaning of section 19(2) of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure).

• (3) It is a defence for a person charged with an offence under this section to prove that he reasonably believed—

• (a) that the disclosure was lawful, or

• (b) that the information had already and lawfully been made available to the public.

• (4) A person guilty of an offence under this section is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, or

• (b) on summary conviction, to imprisonment for a term not exceeding twelve months or a fine not exceeding the statutory maximum or both.

• (5) A prosecution for an offence under this section—

• (a) may be brought in England and Wales only with the consent of the Director of Public Prosecutions;

• (b) may be brought in Northern Ireland only with the consent of the Director of Public Prosecutions for Northern Ireland.

• (5A) In the application of this section in England and Wales the reference in subsection (4)(b) to twelve months is to be read as a reference to the general limit in a magistrates’ court (or in relation to an offence committed before 2 May 2022, to six months).

• (6) In the application of this section—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in Northern Ireland,

the reference in subsection (4)(b) to twelve months is to be read as a reference to six months.

Meaning of “high voltage line”

Power to impose charges to fund energy functions

Notifications and documents in electronic form

Short title, commencement and extent

Consultation in relation to Northern Ireland renewables orders

Appointment of the Administrator

105A

• (1) The appropriate Minister may not give a notice under section 105(2)(b) to a body corporate associated with a person (“the responsible person”) within section 105(1)(a), (b) or (c) unless the appropriate Minister—

• (a) has given a notice to the responsible person under section 105(2)(a), and

• (b) is not satisfied that adequate arrangements (including financial arrangements) have been made by the responsible person to ensure that a satisfactory decommissioning programme will be carried out.

• (2) Subsection (1) does not apply if—

• (a) there has been a failure to comply with a notice under section 105(2), or

• (b) the appropriate Minister has rejected a programme submitted in compliance with such a notice.

• (3) For the purposes of this section and section 105, one body corporate is associated with another if one of them controls the other or a third body corporate controls both of them, and subsections (4) to (8) set out the circumstances in which one body corporate (“A”) controls another (“B”).

• (4) Where B is a company, A controls B if A possesses or is entitled to acquire—

• (a) one half or more of the issued share capital of B,

• (b) such rights as would entitle A to exercise one half or more of the votes exercisable in general meetings of B,

• (c) such part of the issued share capital of B as would entitle A to one half or more of the amount distributed if the whole of the income of B were in fact distributed among the shareholders, or

• (d) such rights as would, in the event of the winding up of B or in any other circumstances, entitle it to receive one half or more of the assets of B which would then be available for distribution among the shareholders.

• (5) Where B is a limited liability partnership, A controls B if A—

• (a) holds a majority of the voting rights in B,

• (b) is a member of B and has a right to appoint or remove a majority of other members, or

• (c) is a member of B and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in B.

• (6) In subsection (5)(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.

• (7) In any case, A controls B if A has the power, directly or indirectly, to secure that the affairs of B are conducted in accordance with A's wishes.

• (8) In determining whether, by virtue of subsections (4) to (7), A controls B, A is to be taken to possess—

• (a) any rights and powers possessed by a person as nominee for it, and

• (b) any rights and powers possessed by a body corporate which it controls (including rights and powers which such a body corporate would be taken to possess by virtue of this paragraph).

110A

• (1) This section applies where any security in relation to the carrying out of an approved decommissioning programme, or for compliance with the conditions of its approval, has been provided by a person (“the security provider”) by way of a trust or other arrangements.

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

• (3) 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.

• (4) For the purposes of subsection (3), no regard is to be had to so much of the Insolvency Act 1986, the Insolvency (Northern Ireland) Order 1989 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—

• (a) prevent or restrict the protected assets from being applied in accordance with the trust or other arrangement, or

• (b) prevent or restrict their enforcement for the purposes of being so applied.

• (5) In subsection (4) “enactment” includes an instrument made under an enactment.

110B

• (1) The appropriate Minister may direct a security provider to publish specified information about the protected assets.

• (2) A direction under this section may specify—

• (a) the time when the information must be published, and

• (b) the manner of publication.

• (3) If a security provider fails to comply with a direction, the appropriate Minister or a creditor of the security provider may make an application to the court under this section.

• (4) If, on an application under this section, the court decides that the security provider has failed to comply with the direction, it may order the security provider to take such steps as the court directs for securing that the direction is complied with.

• (5) In this section—

• “the protected assets” has the same meaning as in section 110A;

• “security provider” means a person who has provided security in relation to which that section applies.

• (6) In subsections (3) and (4) references to “the court” are references—

• (a) to the High Court, in relation to an application in England and Wales or Northern Ireland, or

• (b) to the Court of Session, in relation to an application in Scotland.

112A

• (1) The appropriate Minister may by notice require a person within subsection (2) to provide the appropriate Minister with such relevant information or documents as the appropriate Minister may require in connection with the exercise of functions under this Chapter.

• (2) Those persons are—

• (a) a person who has been, or may be, given a notice under section 105(2)(a) in relation to a relevant object,

• (b) where a person falling within paragraph (a) is a body corporate, a body corporate associated with that person,

• (c) a person not within paragraph (a) or (b) who by virtue of provision made under section 108(3)(b) is subject to the duty under section 109(1) in relation to a decommissioning programme relating to a relevant object.

• (3) Information or a document is “relevant” if it relates to—

• (a) the place where the relevant object is or is to be situated,

• (b) the relevant object,

• (c) where the recipient of the notice is a body corporate falling within subsection (2)(c) or section 105(2)(a), details of an associated body corporate,

• (d) the financial affairs of the recipient of the notice or, where the recipient is a body corporate falling within subsection (2)(c) or section 105(1)(a), (b) or (c), an associated body corporate,

• (e) the security that the recipient proposes to provide in relation to the carrying out of a decommissioning programme relating to the relevant object or for the recipient's compliance with any conditions of the programme's approval, or

• (f) where the recipient of the notice (“R”) is a body corporate falling within subsection (2)(c) or section 105(1)(a), (b) or (c), the name or address of any person whom R believes to be an associated body corporate.

• (4) But if a notice under subsection (1) requires information in connection with a function of the appropriate Minister under section 107(1) or (4), the notice may require the provision of information or documents which the appropriate Minister considers are necessary or expedient for the purpose of exercising those functions (whether or not they are of a kind specified in subsection (3)).

• (5) A notice under subsection (1) must specify the documents or information, or the description of documents or information, to which it relates.

• (6) Information or documents required to be provided under this section must be provided within such period as is specified in the notice under subsection (1).

• (7) In this section, “associated”, in relation to a body corporate, is to be construed in accordance with section 105A(3) to (8).

• (8) A person who fails, without reasonable excuse, to comply with a notice under subsection (1) is guilty of an offence.

• (9) A person who discloses information obtained by virtue of a notice under this section is guilty of an offence unless the disclosure—

• (a) is made with the consent of the person by or on behalf of whom the information was provided,

• (b) is for the purpose of the exercise of the appropriate Minister's functions under this Chapter, the Electricity Act 1989 or Part 4 of the Petroleum Act 1998, or

• (c) is required by or under an enactment.

Notifications and documents in electronic form

Short title, commencement and extent

Nuclear transfer scheme for UKAEA Constabulary

Microgeneration

Orders in Council under ss. 85 and 87

Reports under section 1 of Sustainable Energy Act 2003

Sustainable development

Application of criminal law to renewable energy installations etc.

Activities offshore requiring 1989 Act licences

Safety zones around renewable energy installations

Application of civil aviation regulations to renewable energy installations

Consultation in relation to Northern Ireland renewables orders

GEMA’s power to act on behalf of Northern Ireland regulator

“New trading and transmission arrangements”

New standard conditions for transmission licences

Power to modify licence conditions

Grant of transmission licences

Consequential amendments of the 1989 Act

Assistance for areas with high distribution costs

Annual report on security of energy supplies

Payments of sums raised by fossil fuel levy

Adjustment of transmission charges

Application of general duties to Part 3 functions etc.

Powers exercisable by statutory instrument

Timing and location of things done electronically

Short title, commencement and extent

Reports under section 1 of Sustainable Energy Act 2003

Exploitation of areas outside the territorial sea for energy production

Application of regulations under 1989 Act offshore

Further provision relating to public rights of navigation

Other amendments consequential on Chapter 2 of Part 2

Issue of green certificates in Northern Ireland

Appointment of the Administrator

Conversion of existing transmission licences

Licence conditions to secure funding of energy administration

Interpretation of Chapter 3 of Part 3

Power to impose charges to fund energy functions

Power to modify Petroleum Act 1998

Notifications and documents in electronic form

Short title, commencement and extent

56A

• (1) Where a member of the Constabulary exercises in Scotland any power or privilege of a constable, Parts 1 and 2 of the Criminal Justice (Scotland) Act 2016 (in this section “the 2016 Act”) apply in relation to the exercise as though the power or privilege were exercised by a constable of the Police Service of Scotland.

• (2) For the purposes of subsection (1)—

• (a) in section 64 of the 2016 Act (police custody), references to a person arrested by a constable are to be read as including a person arrested by a member of the Constabulary,

• (b) section 69 of the 2016 Act (publication of information by police) does not apply.

56B

• (1) The following apply, in Scotland, in relation to a member of the Constabulary as they apply in relation to a constable of the Police Service of Scotland—

• (a) Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019 (in this section, “the 2019 Act”),

• (b) any regulations made or guidance issued under that Part.

• (2) Subsections (3) to (6) make further provision in relation to the application of Part 4 of the 2019 Act to members of the Constabulary.

• (3) References in Part 4 of the 2019 Act (however expressed) to constables of a particular rank are to be read, in relation to action taken or proposed to be taken by a member of the Constabulary, as references to a member of the Constabulary of the rank referred to.

• (4) References in the following sections of the 2019 Act to the chief constable are to be read as including reference to the chief constable of the Constabulary—

• (a) section 29(2)(a),

• (b) section 31(3)(a) and (5)(a),

• (c) section 57(4)(a).

• (5) The reference in section 33(1) of the 2019 Act to an enactment includes reference to an enactment which confers a power of the type described in that section on members of the Constabulary (whether or not the enactment also confers that power on constables of the Police Service of Scotland).

• (6) The reference in section 75(2) of the 2019 Act to a constable is to be read as including reference to a member of the Constabulary.

Additional services

55A

• (1) The Constabulary may, with the consent of the Secretary of State, provide additional police services to any person.

• (2) In this Chapter, “additional police services” means services relating to the protection of places, persons or materials.

• (3) In subsection (2), “place” includes—

• (a) premises, facilities or equipment at a place;

• (b) any vehicle, vessel, aircraft or hovercraft.

• (4) The Secretary of State must not give consent for the purposes of subsection (1) unless satisfied, on an application made by the Police Authority, that—

• (a) the provision of the additional police services in question is in the interests of national security,

• (b) the provision by the Constabulary of those services will not prejudice the carrying out of its primary function under section 52(2), and

• (c) it is reasonable in all the circumstances for the Constabulary to provide those services.

• (5) Before giving consent for the purposes of subsection (1), the Secretary of State must consult the chief constable.

• (6) The chief constable must ensure that the provision by the Constabulary of additional police services does not prejudice the carrying out of its primary function under section 52(2).

• (7) Consent given for the purposes of subsection (1)—

• (a) must specify the period of time (not exceeding 5 years) for which it has effect;

• (b) may, subject to subsections (8) and (9), be withdrawn at any time if the Secretary of State is no longer satisfied of the matters mentioned in subsection (4).

• (8) Where the Secretary of State proposes to withdraw consent given for the purposes of subsection (1), the Secretary of State must consult the Police Authority.

• (9) If, following consultation under subsection (8), the Secretary of State decides to withdraw consent given for the purposes of subsection (1), the Secretary of State must give such notice to the Police Authority as is reasonably practicable of the date on which the consent will cease to have effect.

• (10) The Police Authority may enter into an agreement with any person for the provision of additional police services by the Constabulary under this section.

• (11) The Police Authority must publish, as soon as is reasonably practicable and in such manner as the Authority considers appropriate—

• (a) the name of any person or persons to whom additional police services are to be provided under this section, and

• (b) (subject to subsections (12) and (13)) such information about the place or places at which those services are to be provided as the Police Authority considers may be published without prejudicing the interests of national security.

• (12) The Police Authority must consult the Secretary of State before publishing the information referred to in subsection (11)(b).

• (13) The Secretary of State may direct the Police Authority not to publish information about the place or places at which additional police services are to be provided where the Secretary of State considers that publication of the information would prejudice the interests of national security.

• (14) The Police Authority must comply with a direction given by the Secretary of State under subsection (13).

55B

• (1) The chief constable may, on the application of the chief officer of a relevant force, provide members of the Constabulary or other assistance for the purpose of enabling that force to meet any special demand on its resources.

• (2) The policing body maintaining a relevant force for which assistance is provided under this section must pay to the Police Authority such charges—

• (a) as may be agreed between the policing body and the Police Authority, or

• (b) in the absence of any such agreement, as may be determined by the Secretary of State.

• (3) The chief constable must ensure that the provision of assistance under this section does not prejudice the carrying out of the primary function of the Constabulary under section 52(2).

• (4) In this section—

• “chief officer” means—a chief officer of police of a police force for a police area in England and Wales;the chief constable of the Police Service of Scotland;the chief constable of the British Transport Police Force; orthe chief constable of the Ministry of Defence Police;

• “policing body” means—in relation to a police force for a police area in England and Wales, the relevant local policing body in the meaning of section 101(1) of the Police Act 1996;in relation to the Police Service of Scotland, the Scottish Police Authority;in relation to the British Transport Police Force, the British Transport Police Authority;in relation to the Ministry of Defence Police, the Secretary of State;

• “relevant force” means—a police force for a police area in England and Wales;the Police Service of Scotland;the British Transport Police Force; orthe Ministry of Defence Police.

131D

• (1) An RTF order may—

• (a) designate as recycled carbon fuel a description of liquid or gaseous fuel which is produced wholly from waste derived from a fossil source of energy;

• (b) designate as nuclear-derived fuel a description of liquid or gaseous fuel which is produced wholly using, or by a process powered wholly by, nuclear fuel.

• (2) Where a designation under subsection (1) is in force, the recycled carbon fuel or nuclear-derived fuel is to be treated for the purposes of this Chapter and any RTF order as renewable transport fuel.

Persons entitled to reformed protection under paragraphs 10 and 11

9A

• (1) For the purposes of this Part of the Schedule, a person is entitled to reformed protection in relation to a nuclear transfer scheme or any transfer arrangements if the person is entitled to pension protection in relation to the scheme or arrangements, and—

• (a) either—

• (i) paragraph 9(7) applies to the person by reference to a relevant Section of the CNPP, or

• (ii) that is not the case but the person has been a participant in a relevant Section of the CNPP,

and the benefits which the person is accruing or would accrue or has accrued under that Section are, or include, reformed benefits, or

• (b) either—

• (i) paragraph 9(7) applies to the person by reference to the SLC Section of the ME Group of the ESPS, or

• (ii) that is not the case but the person has been a participant in that Section,

and the benefits which the person is accruing or would accrue or has accrued under that Section are, or include, reformed benefits.

• (2) In this paragraph—

• (a) “the CNPP” means the Combined Nuclear Pension Plan constituted by the deed made on 28 March 2012 by the NDA and the deeds supplemental to that deed;

• (b) “the ESPS” means the Electricity Supply Pension Scheme established by a resolution of the Electricity Council passed on 20 January 1983, as amended from time to time;

• (c) “the ME Group” means the Magnox Electric Group of the ESPS, being one of the groups into which the ESPS is divided under the provisions of the ESPS;

• (d) “reformed benefits” means defined benefits under a structure that, as a result of amendments made in pursuance of regulations under section 311 of the Energy Act 2023, is a career average revalued earnings structure;

• (e) “relevant Section of the CNPP” means any of the following Sections into which the CNPP is divided (under clause 7 of the deed made on 28 March 2012 as it stood on 1 May 2022)—

• (i) Closed;

• (ii) DSRL;

• (iii) GPS DRS;

• (iv) GPS SLC;

• (v) LLWR;

• (vi) Magnox;

• (vii) Nirex;

• (viii) Sellafield;

• (f) “the SLC Section of the ME Group of the ESPS” means the SLC Section of the ME Group, being one of the Sections into which the ME Group is divided under the provisions of the ESPS.

• (3) Where—

• (a) at any time after 1 May 2022, any of the Sections named in sub-paragraph (2)(e)(i) to (viii) is re-named, or has merged with another of those Sections (including by a transfer of the Section and another of those Sections to a new Section), a reference in sub-paragraph (2)(e) to that Section is to be read as, or as including, a reference to the re-named or merged Section;

• (b) at any time after the day on which the Nuclear Decommissioning Authority (Pension Scheme Amendment) Regulations 2024 come into force, the SLC Section of the ME Group of the ESPS is re-named, or has merged with another Section (including by transfer of that Section to a new Section), then a reference to that Section is to be read as, or as including, a reference to the re-named or merged Section.