Energy Act 2008

• (8) In this Part “ authorised exploration or exploitation operation ” means any operation—

• (a) which is of a description falling within subsection (4)(a), and

• (b) which may be carried out only with a permission falling within subsection (5).

82B

• (1) 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.

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

• (a) the application, and

• (b) the time within which, and the manner in which, objections to the application may be made.

• (3) 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.

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

82C

• (1) 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.

• (2) In any such case, the Secretary of State must either—

• (a) refuse to give consent, or

• (b) give consent subject to such conditions as the Secretary of State considers appropriate.

• (3) 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.

• (4) In the case of an authorised exploration or exploitation operation—

• (a) any reference in subsection (1) or (3) to an operation being likely to result in obstruction or danger to navigation,includes

• (b) a reference to the operation being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.

• (5) 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.

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

82D

• (1) 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”).

• (2) A consent condition shall either—

• (a) remain in force for a specified period, or

• (b) remain in force without limit of time,

but this is subject to subsection (5).

• (3) 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.

• (4) Where—

• (a) a consent condition relates to the taking of navigational precautions, and

• (b) the Secretary of State considers it appropriate to vary the condition in the interests of the safety of navigation (whether or not the operation has been completed),

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.

• (5) The Secretary of State may revoke any consent condition.

• (6) In this section “ taking of navigational precautions ” means any of the following—

• (a) the provision of any lights, signals or other aids to navigation;

• (b) the stationing of guard ships in the vicinity of the works in question;

• (c) the taking of any other measures for the purpose of, or in connection with, controlling the movements of ships in the vicinity of those works.

Directions by the Secretary of State

Modification of pipelines

82E

• (1) This section applies if—

• (a) the person to whom a consent under section 82A is given fails to comply with any provision of the consent, or

• (b) a person who, by virtue of section 82D(3), is bound by a consent condition fails to comply with the condition.

• (2) 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.

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

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

• (a) comply with the direction on behalf of the defaulter, or

• (b) make arrangements for another person to do so.

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

• (a) do anything which the defaulter could have done, and

• (b) recover from the defaulter any reasonable costs incurred in taking the action.

• (6) 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.

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

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

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

• (a) in the consent, with regard to the enforcement of any of its provisions, or

• (b) in the condition, with regard to the enforcement of the condition.

Emergency safety requirements

82F

• (1) This section applies in any case where—

• (a) the Secretary of State has given consent (“the relevant consent”) for an authorised exploration or exploitation operation, and

• (b) at any time after the giving of that consent, the condition in subsection (2) is met.

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

• (a) any substantial damage to any works to which the relevant consent relates, or

• (b) any other substantial and unforeseen change in the state or position of any such works.

• (3) 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.

• (4) 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).

• (5) Those matters are—

• (a) the provision on, or in the vicinity of, the works in question of any lights, signals or other aids to navigation, and

• (b) the stationing of guard ships in the vicinity of those works.

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

• (a) the operation in question has been completed, or

• (b) any condition was imposed by the Secretary of State, on giving the relevant consent, with respect to any of the matters referred to in subsection (5).

82G

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

• (a) comply with the notice on behalf of the consent holder, or

• (b) make arrangements for another person to do so.

• (2) 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.

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

• (a) do anything which the consent holder could have done, and

• (b) recover any reasonable costs incurred in taking the action from such one or more persons falling within subsection (4) as the Secretary of State considers appropriate.

• (4) The persons are—

• (a) the consent holder;

• (b) any other person or persons bound by a consent condition by virtue of section 82D(3).

• (5) 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.

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

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

• (a) the requirements of the notice are, subject to subsection (8), to be treated for the purposes of this Part as conditions subject to which the consent was given, but

• (b) section 82D(2) and (5) are not to apply in the case of those requirements.

• (8) 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.

• (9) 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.

The Northern Ireland renewables obligation

82H

• (1) This section applies where—

• (a) a consent under section 82A(1) has been given subject to conditions,

• (b) a person falling within subsection (2) fails to comply with a condition, and

• (c) it appears to the Secretary of State that any danger to navigation has arisen by reason of the failure to comply with the condition.

• (2) The persons are—

• (a) the consent holder;

• (b) any person bound by the condition by virtue of section 82D(3).

• (3) 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).

• (4) The requirements are—

• (a) a requirement to comply with the condition;

• (b) a requirement to take any specified action or actions to remedy the failure to comply with the condition.

• (5) 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.

• (6) In this section “ specified ” means specified in the immediate action notice.

Enforcement

Carrying out operation without consent etc

82I

• (1) It is an offence for a person—

• (a) to carry out an operation to which subsection (1) of section 82A applies without the written consent of the Secretary of State under that subsection, or

• (b) to fail to comply with a condition of such a consent.

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

• (a) on summary conviction, to a fine not exceeding £50,000a fine, or

• (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.

Failure to comply with direction under section 82E

82J

• (1) 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).

• (2) 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).

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

• (a) on summary conviction, to a fine not exceeding the statutory maximum, or

• (b) on conviction on indictment, to a fine.

82K

• (1) 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.

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

• (a) on summary conviction, to a fine not exceeding £50,000a fine, or

• (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.

82L

• (1) It is an offence for a person to fail to comply with—

• (a) an emergency safety notice, or

• (b) an immediate action notice,

within the time allowed (within the meaning of section 82G(1)).

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

• (a) on summary conviction, to a fine not exceeding £50,000a fine, or

• (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.

82M

• (1) 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.

• (2) 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.

• (3) 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.

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

• (5) In this section “ the court ” means—

• (a) the High Court, or

• (b) in Scotland, the Court of Session.

Prohibition on use of site in absence of approved programme

82N

• (1) 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.

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

• (3) The Secretary of State may make regulations about—

• (a) the powers and duties of inspectors appointed under this section;

• (b) the powers and duties of any other person acting on the directions of the Secretary of State in connection with a function under this Part;

• (c) the facilities and assistance to be accorded to persons mentioned in paragraph (a) or (b).

• (4) 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 ).

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

• (a) on summary conviction, by a fine not exceeding the statutory maximum or such lesser amount as is specified in the regulations, and

• (b) on conviction on indictment, by a fine.

Criminal proceedings

82O

• (1) 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.

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

• (3) In this section “ relevant offence ” means—

• (a) an offence under this Part, or

• (b) an offence created by regulations under section 82N.

Supplementary provisions

82P

• (1) 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.

• (2) The operations must be operations—

• (a) which either fall within section 82A(4) or are carried on in the course of taking installation abandonment measures (or both),

• (b) which cause, or are likely to result in, obstruction or danger to navigation (whether while the operation is being carried out or subsequently), and

• (c) which the Scottish Ministers do not have power to control or regulate for the purpose of preventing such obstruction or danger.

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

• (a) the shore adjoining that region, and

• (b) any land in Scotland adjoining or adjacent to that shore.

• (4) 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—

• (a) section 82A(3)(c) does not apply in relation to the operation, but

• (b) paragraph (a) is subject to any different modification or other provision to the contrary made by an order under this section.

• (5) For the purposes of this section “installation abandonment measures” are any measures taken in connection with the abandonment of—

• (a) an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998, or

• (b) a carbon storage installation, within the meaning of section 30 of this Act,

whether or not the measures are taken in pursuance of an abandonment programme.

• (6) In subsection (5) “ abandonment programme ” means—

• (a) an abandonment programme under Part 4 of the Petroleum Act 1998;

• (b) an abandonment programme under that Part, as it applies by virtue of section 30 of this Act.

• (7) In this section “ specified ” means specified in the order.

Financial resources etc

82Q

In this Part—

• “ authorised exploration or exploitation operation ” has the meaning given by section 82A(8);

• “ consent holder ” means the person to whom a consent under section 82A is given;

• “ emergency safety notice ” is to be read in accordance with section 82F(3);

• “ immediate action notice ” is to be read in accordance with section 82H(3);

• “ regulated zone ” means the area that consists of— the area of sea within the seaward limits of the territorial sea, other than the Scottish inshore region, and the area of sea within the limits of the UK sector of the continental shelf, and includes the bed and subsoil of the sea within those areas, the shore adjoining, and any land adjoining or adjacent to that shore, but does not include any land in Scotland;

• “ Scottish inshore region ” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322 of that Act);

• “ sea ” includes— any tidal waters; andany land covered with water at mean high water spring tide;

• “ UK sector of the continental shelf ” means the areas for the time being designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964.

Inspectors

Power to amend licence conditions etc: transmission systems

Section 84: supplemental

Financial resources etc

Smart meters: supplemental

Financial resources etc

Costs connected with making an offer of connection

Failure to comply with condition: immediate action notice

Renewable heat incentives

Determination of applications for consent under section 82A

Failure to comply with condition: immediate action notice

Failure to comply with direction under section 82E

Offences relating to consents

Chapters 2 and 3: consequential amendments

Section 37: supplemental provision

Transfers without the consent of the Secretary of State

Submarine pipelines converted for CCS demonstration projects

Power to amend licence conditions etc: feed-in tariffs

Costs incurred in considering proposed programmes

Power to disapply section 49

Inspectors

Security for decommissioning obligations

Information about decommissioning of wells

Duties of the Gas and Electricity Markets Authority

Power to amend licence conditions etc: transmission systems

Information about decommissioning of wells

Information about decommissioning of wells

Applications for consent under section 82A

Damage to, or changes in, the works: emergency safety notices

Failure to comply with condition: immediate action notice

Secretary of State's power of direction

Criminal proceedings

Inspectors

Criminal proceedings

30A

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

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3A) The Secretary of State must consult the Oil and Gas Authority before deciding—

• (a) whether to designate an installation under subsection (1);

• (b) whether to make a certification under subsection (5)(b).

• (4) An eligible CCS installation qualifies for change of use relief if—

• (a) the Secretary of State has given a CCS-related abandonment programme notice to a person in relation to the abandonment of the installation, and

• (b) the trigger event has occurred in relation to the installation.

• (4A) 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).

• (5) The trigger event occurs in relation to an eligible CCS installation when—

• (a) a decommissioning fund (as defined in section 92(7) of the Energy Act 2023) has been established for providing security for the discharge of liabilities in respect of decommissioning costs in relation to the installation, and

• (b) the Secretary of State certifies by notice in writing (an “approval notice”) that one or more relevant persons have paid into the fund an amount or amounts the total of which is not less than the required amount.

• (5A) In subsection (5)—

• (a) “relevant person” means a person of a description specified in regulations made by the Secretary of State;

• (b) “the required amount” means an amount determined by the Secretary of State in accordance with regulations made by the Secretary of State.

• (5B) Where the Secretary of State gives an approval notice in relation to an eligible CCS installation the Secretary of State must—

• (a) give a copy of the approval notice to every person to whom a notice has been given under section 29(1) of the 1998 Act in relation to the installation, and

• (b) publish a notice that—

• (i) specifies the installation, and

• (ii) states that the Secretary of State has given an approval notice under subsection (5)(b) in relation to it.

• (6) Where an eligible CCS installation qualifies for change of use relief—

• (a) an abandonment programme notice must not be served on a person who is within section 30(1) of the 1998 Act only because one or more of subsections (7) to (9) applies in relation to the person (but this does not affect the validity of a notice served on any such person before the installation qualified for change of use relief), and

• (b) 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)(a) of the 1998 Act only because one or more of subsections (7) to (10) applies in relation to the person.

• (7) This subsection applies in relation to a person if—

• (a) the person is within paragraph (b) of section 30(1) of the 1998 Act in relation to the installation only by virtue of the fact that the person had a right mentioned in section 30(5)(a) of that Act when an activity mentioned in section 30(6) of that Act was last carried on from, by means of or on the installation, and

• (b) any such activity was last so carried on before the trigger event occurred in relation to the installation.

• (8) This subsection applies in relation to a person if—

• (a) the person is within paragraph (ba) of section 30(1) of the 1998 Act in relation to the installation, and

• (b) the transfer mentioned in sub-paragraph (i) of that paragraph took place before the trigger event occurred in relation to the installation.

• (9) 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).

• (10) 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—

• (a) when the installation was an offshore installation (within the meaning given by section 44 of the 1998 Act), and

• (b) before the trigger event occurred in relation to the installation.

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

• (11A) The Secretary of State must publish a notice given under subsection (1).

• (12) 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).

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

30B

• (1) 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.

• (1A) The Secretary of State must consult the Oil and Gas Authority before deciding—

• (a) whether to designate a pipeline under subsection (1);

• (b) whether to make a certification under subsection (3)(b).

• (2) An eligible carbon storage network pipeline qualifies for change of use relief if—

• (a) the Secretary of State has given a CCS-related abandonment programme notice to a person in relation to the abandonment of the pipeline, and

• (b) the trigger event has occurred in relation to the pipeline.

• (2A) 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—

• (a) for the purpose of disposing of carbon dioxide by way of geological storage, or

• (b) as a licensable means of transportation.

• (3) The trigger event occurs in relation to an eligible carbon storage network pipeline when—

• (a) a decommissioning fund (as defined in section 92(7) of the Energy Act 2023) has been established for providing security for the discharge of liabilities in respect of decommissioning costs in relation to the pipeline, and

• (b) the Secretary of State certifies by notice in writing (an “approval notice”) that one or more relevant persons have paid into the fund an amount or amounts the total of which is not less than the required amount.

• (3A) In subsection (3)—

• (a) “relevant person” means a person of a description specified in regulations made by the Secretary of State;

• (b) “the required amount” means an amount determined by the Secretary of State in accordance with regulations made by the Secretary of State.

• (3B) Where the Secretary of State gives an approval notice in relation to an eligible carbon storage network pipeline, the Secretary of State must—

• (a) give a copy of the approval notice to every person to whom a notice has been given under section 29(1) of the 1998 Act in relation to the pipeline, and

• (b) publish a notice that—

• (i) specifies the pipeline, and

• (ii) states that the Secretary of State has given an approval notice under subsection (3)(b) in relation to it.

• (4) 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.

• (5) 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—

• (a) when the pipeline was used solely for activities other than activities connected with any mentioned in section 17(2)(a), (b) or (c), and

• (b) before the trigger event occurred in relation to the pipeline.

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

• (6A) The Secretary of State must publish a notice given under subsection (1).

• (7) 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).

Termination of licence: regulations

The renewables obligation

Carrying out operation without consent etc

Offences relating to consents

Power to amend licence conditions etc: procedure

Costs incurred in considering proposed programmes

Time when modification takes effect

Prohibition on use of site in absence of approved programme

Fees

Protection of abandonment funds from creditors

Interpretation of this Part

Third party access to oil processing facilities

Applications for consent under section 82A

Secretary of State's power of direction

Carrying out operation without consent etc

Power to extend the application of this Part

Interpretation of this Part

Duties of the Gas and Electricity Markets Authority

Power to amend licence conditions: gas

Section 84: procedure

Power to amend licence conditions etc: transmission systems

Power to amend licence conditions etc: procedure

Power to amend licence conditions: electricity

Power to amend licence conditions: electricity

Electricity safety

Duties of the Gas and Electricity Markets Authority

Power to amend licence conditions: electricity

Application of general duties to functions relating to licences

Interpretation

Short title

45A

• (1) 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.

• (2) 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.

Power to disapply section 49

Time when modification takes effect

Meaning of “associated”: supplementary

Provision of information to Secretary of State

Financial resources etc

Protection of abandonment funds from creditors

Transfers without the consent of the Secretary of State

Modification of pipelines

Modification of pipelines

Inspectors

Fees

Interpretation of this Part

Duties of the Gas and Electricity Markets Authority

Section 84: procedure

Power to amend licence conditions etc: smart meters

Renewable heat incentives

Electricity meters

Renewable heat incentives

Electricity safety

Renewable heat incentives

Section 84: procedure

Minor and consequential amendments

Short title

Interpretation

Chapter 3: interpretation

Power to disapply section 49

Provision of information and documents

Decommissioning notices relating to offshore renewable energy installations

Provision of information to Secretary of State

Chapters 2 and 3: consequential amendments

Time when modification takes effect

Meaning of “associated”: supplementary

Criminal proceedings

Power to extend the application of this Part

Section 84: supplemental

Smart meters: supplemental

Third party access to oil processing facilities

Renewable heat incentives

Criminal proceedings

Offences by bodies corporate etc

Interpretation

Short title

Offences by bodies corporate etc

Duties of the Gas and Electricity Markets Authority

3A

The prohibition in section 2(1) does not apply to a person (“A”) who uses a controlled place for the unloading of gas to an installation if—

• (a) the installation is maintained by another person (“B”) who has a licence in respect of the maintenance of the installation and the use of a controlled place for the unloading of gas to it, and

• (b) B consents to the use by A of the controlled place for the unloading of gas to the installation.

Power to amend licence conditions etc: smart meters

Power to amend licence conditions: electricity

Power to amend licence conditions: gas

Electricity safety

Security of sensitive nuclear information

Power to amend licence conditions etc: smart meters

Renewable heat incentives

Renewable heat incentives

82OA

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

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

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

Interpretation of this Part

Power to amend licence conditions etc: transmission systems

Section 84: procedure

Power to amend licence conditions etc: smart meters

Power to amend licence conditions etc: procedure

Interpretation

Power to amend licence conditions: electricity

Power to amend licence conditions: electricity

Electricity safety

Security of sensitive nuclear information

Offences by bodies corporate etc

Interpretation

Minor and consequential amendments

Termination of licence: regulations

Chapter 3: interpretation

67A

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

• (a) relevant share security rights that A holds in relation to B;

• (b) subject to subsection (4), shares in B that are acquired by A in consequence of the exercise of relevant share security rights that A holds in relation to B;

• (c) any power that A has, directly or indirectly, to secure that the affairs of B are conducted in accordance with A’s wishes by virtue of—

• (i) relevant share security rights that A holds in relation to B,

• (ii) arrangements that are designed to facilitate the exercise of relevant share security rights that A holds in relation to B, or

• (iii) relevant asset security rights that A holds in relation to B, if A also holds relevant share security rights in relation to B.

• (2) A holds “relevant share security rights” in relation to B if A holds—

• (a) rights to enforce a security interest over shares in B,

• (b) rights relating to enforcement of a security interest over shares in B, or

• (c) rights that enable A to preserve the value of a security interest over shares in B.

• (3) A holds “relevant asset security rights” in relation to B if A holds—

• (a) rights to enforce a security interest over any of B’s assets,

• (b) rights relating to enforcement of a security interest over any of B’s assets, or

• (c) rights that enable A to preserve the value of a security interest over any of B’s assets.

• (4) 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.

• (5) In this section—

• (a) a reference to “shares” includes a reference to rights attached to shares;

• (b) a reference to A holding rights in relation to B includes a reference to—

• (i) A holding those rights on trust for another person, and

• (ii) A being the beneficiary of a trust of those rights;

• (c) a reference to A acquiring shares in B includes a reference to—

• (i) A acquiring shares in B to hold on trust for another person, and

• (ii) another person acquiring shares in B to hold on trust for A;

• (d) a reference to rights includes a reference to powers.

Interpretation

Security for decommissioning obligations

Carrying out operation without consent etc

Fees

Interpretation of this Part

Duties of the Gas and Electricity Markets Authority

Power to amend licence conditions etc: transmission systems

Power to amend licence conditions etc: procedure

Power to amend licence conditions: gas

Security of sensitive nuclear information

Offences by bodies corporate etc

Short title

Short title

Smart meters: supplemental

Short title

Application of general duties to functions relating to licences

Subordinate legislation

Change of use relief: carbon storage network pipelines

Relief under sections 30A and 30B: supplementary

30C

• (1) 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—

• (a) for the Secretary of State to require the holder of a licence under section 7 of the Energy Act 2023, or a person who qualifies for change of use relief under section 30A or 30B, to provide information to the Secretary of State;

• (b) authorising His Majesty’s Revenue and Customs (or anyone acting on their behalf) to disclose to the Secretary of State information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005;

• (c) for the enforcement of any requirement imposed by virtue of the regulations.

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

• (a) but for section 30A(6) they would be a person to whom a notice may be given under section 29(1) of the Petroleum Act 1998 in relation to a carbon storage installation, or

• (b) but for section 30B(4) they would be a person to whom a proposal may be made under section 29(1) of the Petroleum Act 1998 in relation to a submarine pipeline.

• (3) 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).

34A

• (1) This section applies where a licence holder also holds a relevant licence.

• (2) 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.

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

• (a) circumstances that have arisen, or are likely to arise, in relation to the activities authorised by the licence which, in the opinion of the licensing authority, could affect the carrying on of activities authorised by the relevant licence;

• (b) circumstances that have arisen, or are likely to arise, in which the licence or a storage permit granted under the licence may be terminated.

• (4) 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), orregulation 1(3) of the Storage of Carbon Dioxide (Licensing etc) (Scotland) Regulations 2011 (S.S.I. 2011/24).

34B

• (1) 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.

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

• (a) any obligation of confidence owed by the person making the disclosure, or

• (b) any other restriction on the disclosure of information (however imposed).

• (3) 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).

• (4) 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.

Interpretation

Protection of abandonment funds from creditors

Third party access to oil processing facilities

Secretary of State's power of direction

Criminal proceedings

Power to amend licence conditions etc: transmission systems

Section 84: procedure

Power to amend licence conditions etc: smart meters

Regulations under section 91A(1): further provision

Power to amend licence conditions: gas

Power to amend licence conditions: electricity

Electricity safety

Security of sensitive nuclear information

Offences by bodies corporate etc

Information about change in control of licence holder

29A

• (1) 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.

• (2) 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.

• (3) The persons within this subsection are—

• (a) the company;

• (b) the person who (if consent were granted) would take control of the company;

• (c) if the company is a joint licence holder with another person or other persons, that other person or those other persons;

• (d) any person not within any of paragraphs (a) to (c) who appears to the OGA to have information that it requires as mentioned in subsection (2).

• (4) 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.

• (5) Nothing in this section limits any power of the OGA to require information under—

• (a) regulations under this Chapter,

• (b) the terms of a licence, or

• (c) the terms of a permit granted under a licence.

Smart meters: supplemental

Power to amend licence conditions: gas

Security of sensitive nuclear information

Offences by bodies corporate etc

Grant of smart meter communication licences

91A

• (1) 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.

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

• (a) a determination by the Authority, on a competitive basis, of the person to whom a licence is to be granted;

• (b) the selection by the Authority, on a non-competitive basis, of the person to whom a licence is to be granted.

• (3) 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.

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

• (5) 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.

91B

• (1) Regulations under section 91A(1)—

• (a) must make provision so as to ensure that a smart meter communication licence must not be granted to a person unless the Authority is satisfied that the person would not, if granted the licence, have a financial or other interest likely to prejudice the discharge of their functions as the licence holder;

• (b) may make provision about the granting of a licence to a person formed by the Authority.

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

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

• (a) provide for the publication of a proposal to grant a smart meter communication licence;

• (b) provide for the inclusion in such a proposal of an invitation to apply for such a licence;

• (c) impose conditions in relation to the making of an application for a licence;

• (d) impose restrictions in relation to persons who may apply for a licence;

• (e) impose requirements as to the period within which applications must be made;

• (f) make provision for regulating the manner in which applications are to be considered or determined;

• (g) confer on the Authority functions in connection with tender exercises.

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

• (a) enabling the Authority to require payments to be made, in the form and manner prescribed, in respect of costs incurred or likely to be incurred by the Authority for the purposes of a tender exercise;

• (b) about the effect on a person’s participation in a tender exercise of a failure to comply with a requirement imposed by virtue of paragraph (a);

• (c) about the circumstances in which the tender exercise is to stop as a result of such a failure.

• (5) 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.

Power of Gas and Electricity Markets Authority to amend licence conditions etc

91C

• (1) The Authority may modify—

• (a) a condition of a particular relevant licence;

• (b) the standard conditions incorporated in relevant licences of a particular type;

• (c) a document maintained in accordance with the conditions of a relevant licence, or an agreement that gives effect to a document so maintained.

• (2) 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.

• (3) The power conferred by subsection (1)—

• (a) may be exercised to make different provision for different purposes or different areas;

• (b) may be exercised generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as specified conditions are satisfied);

• (c) includes a power to make incidental, supplementary, consequential or transitional modifications.

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

• (a) need not relate to the activities authorised by the licence;

• (b) in the case of a licence for the purposes of section 5 of the Gas Act 1986, may do any of the things authorised by section 7B(5) of that Act (which apply to the Authority’s power with respect to licence conditions under section 7B(4)(a));

• (c) in the case of a licence for the purposes of section 4 of the Electricity Act 1989, may do any of the things authorised by section 7(2) to (4) of that Act (which apply to the Authority’s power with respect to licence conditions under section 7(1)(a)).

• (5) 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.

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

• (a) make (as nearly as may be) the same modifications of those standard conditions for the purposes of their incorporation in licences of that type granted after that time, and

• (b) publish the modifications.

• (7) 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.

91D

• (1) Before making a modification under section 91C, the Authority must consult—

• (a) the holder of any licence being modified,

• (b) the Secretary of State, and

• (c) such other persons as the Authority considers appropriate.

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

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

• (a) states that the Authority has decided to make the modification;

• (b) sets out the modification and its effect;

• (c) specifies the date from which the modification has effect;

• (d) states how the Authority has taken account of any representations made during the consultation;

• (e) states the reason for any differences between the modification consulted on and the proposed modification.

• (4) 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.

Renewable heat incentives

Security of sensitive nuclear information

Offences by bodies corporate etc