Energy Act 2013

• (i) by means of an electronic communications network, or

• (ii) by other means but in a form that requires the use of apparatus by the recipient to render it intelligible.

• (2) The transmission has effect for the purposes of section 109 as a delivery of the notice or other document to the recipient, but only if the recipient has indicated to the person making the transmission (“the sender”) a willingness to receive the notice or other document in the form and manner used.

• (3) An indication to the sender for the purposes of subsection (2)—

• (a) must be given to the sender in such manner as the sender may require,

• (b) may be a general indication or an indication that is limited to notices or other documents of a particular description,

• (c) must state the address to be used,

• (d) must be accompanied by such other information as the sender requires for the making of the transmission, and

• (e) may be modified or withdrawn at any time by a notice given to the sender in such manner as the sender may require.

• (4) In this section “electronic communications network” has the same meaning as in the Communications Act 2003; and the reference to giving a notice is to be read in accordance with section 109.

Crown application: Part 3

111

• (1) Subject as follows, this Part, and regulations made under it, bind the Crown.

• (2) Part 2 of Schedule 8 (inspectors: improvement and prohibition notices) does not bind the Crown.

• (3) Any other provision of, or of regulations under, this Part under which a person may be prosecuted for an offence—

• (a) does not bind the Crown, but

• (b) applies to persons in the public service of the Crown as it applies to other persons.

• (4) So far as it applies to nuclear regulations, subsection (3) is subject to any provision made by those regulations.

• (5) For the purposes of this Part and regulations made under this Part, persons in the service of the Crown are to be treated as employees of the Crown (whether or not they would be so treated apart from this subsection).

• (6) The Secretary of State may, by order—

• (a) amend this section so as to provide for any provision made by or under this Part to apply to the Crown, or not to apply to the Crown, to any extent;

• (b) amend any provision of sections 68 to 73 so far as it affects the extent to which any of the ONR's purposes relates to the Crown or any of the purposes of the Crown.

• (7) Provision that may be made under subsection (6) includes in particular provision altering whether, or the extent to which, any of the ONR's purposes relates to—

• (a) sites or premises used or occupied by the Crown,

• (b) sites controlled or occupied to any extent for defence purposes (within the meaning of section 70), or

• (c) transport for those purposes.

• (8) Nothing in this section authorises proceedings to be brought against Her Majesty in her private capacity (within the meaning of the Crown Proceedings Act 1947).

Interpretation of Part 3

112

• (1) In this Part—

• “the 1974 Act” means the Health and Safety at Work etc. Act 1974;

• “approved code of practice” has the meaning given by section 79(3);

• “financial year”, in relation to the ONR, has the meaning given by paragraph 28 of Schedule 7;

• “health and safety inspector” means a person appointed by the ONR under section 19 of the 1974 Act;

• “improvement notice” has the meaning given by paragraph 3(2) of Schedule 8;

• “inspector” means an inspector appointed under Part 1 of Schedule 8 (unless otherwise specified);

• “member of staff”, in relation to the ONR, is to be read in accordance with paragraph 2(2) of Schedule 7;

• “modify” includes amend, repeal or revoke (and “modification” is to be read accordingly);

• “nuclear regulations” has the meaning given by section 74(1);

• “nuclear safeguards regulations” means regulations under section 76A(1);

• “nuclear site” means—a site in respect of which a nuclear site licence is in force, ora site in respect of which a period of responsibility has not ended;

• “nuclear site licence” has the same meaning as in the Nuclear Installations Act 1965 (see section 1 of that Act);

• “ONR” means the Office for Nuclear Regulation;

• “ONR inquiry” has the meaning given by section 85(2);

• “period of responsibility”, in relation to a site, means the period of responsibility (within the meaning given in section 5 of the Nuclear Installations Act 1965 (revocation and surrender of licences)) in respect of a nuclear site licence granted at any time in respect of the site;

• “personal injury” includes—any disease, andany impairment of a person's physical or mental condition;

• “prohibition notice” has the meaning given by paragraph 4(2) of Schedule 8;

• “regulatory function”, in relation to the ONR, means—a function of giving or revoking permission or approval in relation to any material, premises or activity;a function of imposing conditions or requirements in relation to any material, premises or activity;a function, other than a function under section 84 (investigations), which relates to securing, monitoring or investigating compliance with conditions or requirements (however imposed) in relation to any material, premises or activity;a function which relates to the enforcement of such requirements;

• “relevant international agreement” has the meaning given by subsection (1A);

• “relevant power” has the meaning given by paragraph 2 of Schedule 8;

• “relevant statutory provisions” has the meaning given by section 82(2) (unless otherwise specified).

• (1A) Relevant international agreement” means an agreement (whether or not ratified) to which the United Kingdom is a party and which—

• (a) relates to nuclear safeguards, and

• (b) is specified in regulations under subsection (1B),

and a reference in this Part to a relevant international agreement is to the agreement as it has effect for the time being.

• (1B) The Secretary of State may by regulations specify agreements for the purposes of subsection (1A)(b).

• (1C) References in subsection (1A) to an agreement to which the United Kingdom is a party include an undertaking given by the United Kingdom which—

• (a) relates to guidance or any other document issued by the International Atomic Energy Agency, and

• (b) is notified to the Agency by the United Kingdom,

(and the reference in subsection (1B) to an agreement is to be read accordingly).

• (1D) Before making regulations under subsection (1B), the Secretary of State must consult—

• (a) the ONR, and

• (b) such other persons (if any) as the Secretary of State considers it appropriate to consult.

• (1E) Subsection (1D)(a) does not apply if the regulations give effect, without modification, to proposals submitted by the ONR under section 81(1)(a)(iiia).

• (2) The following apply for the purposes of this Part as they apply for the purposes of Part 1 of the 1974 Act—

• (a) section 52(1) of that Act (meaning of “work” and “at work”);

• (b) the power conferred by section 52(2)(a) of that Act to extend the meaning of “work” and “at work”.

Subordinate legislation under Part 3

113

• (1) Any power to make subordinate legislation under this Part is exercisable by statutory instrument.

• (2) An instrument containing (whether alone or with other provision)—

• (a) nuclear regulations , or nuclear safeguards regulations, which fall within subsection (3), ...

• (aa) regulations under section 76A(7),

• (b) an order under section 111, or

• (c) regulations under section 112(1B),

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (3) Nuclear regulations or nuclear safeguards regulations fall within this subsection if—

• (a) they are the first nuclear regulations or nuclear safeguards regulations to be made,

• (b) they include provision amending or repealing any provision of—

• (i) the Nuclear Installations Act 1965, or

• (ii) the Nuclear Safeguards Act 2000, or

• (c) they include provision creating a new offence by virtue of section 75;

and for this purpose nuclear regulations or nuclear safeguards regulations which revoke and re-enact an offence are not to be regarded as creating a new offence.

• (4) An instrument containing an order under paragraph 26 of Schedule 7 (payments and borrowing) may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.

• (5) An instrument containing any other subordinate legislation under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) Any power to make subordinate legislation under this Part includes power—

• (a) to make different provision for different cases;

• (b) to make provision for some cases only or subject to exceptions;

• (c) to make provision generally or only in particular respects.

• (7) Any subordinate legislation under this Part may include—

• (a) consequential, incidental or supplementary provision;

• (b) transitional, transitory or saving provision.

• (8) In this section “subordinate legislation” means an Order in Council, an order or regulations.

• (9) In relation to any modification of a provision of, or made under, any of the provisions of the Nuclear Installations Act 1965 that are relevant statutory provisions, the power conferred by subsection (7)(a) includes power to extend the modification to Northern Ireland for the purpose of ensuring that the text of the provision is uniform throughout the United Kingdom (but does not include power to alter the effect of the provision in relation to a site in Northern Ireland).

Transitional provision etc

114

• (1) The Secretary of State may by order make any transitional, transitory or saving provision which appears appropriate in consequence of, or otherwise in connection with, this Part.

• (2) The provision which may be made by virtue of subsection (1) includes, in particular—

• (a) provision modifying any provision made by—

• (i) primary legislation passed before the end of the session in which this Act was passed, or

• (ii) an instrument made before the end of that session;

• (b) provision for treating any regulations within subsection (3) as—

• (i) relevant statutory provisions (or as relevant statutory provisions of a particular description),

• (ii) regulations under section 85, or

• (iii) regulations under section 101.

• (3) The regulations mentioned in subsection (2)(b) are regulations made under a provision within subsection (4) so far as they relate to, or to fees payable in respect of functions which relate to, any of the following purposes—

• (a) the nuclear safety purposes;

• (b) the nuclear security purposes;

• (c) the nuclear safeguards purposes;

• (d) the transport purposes.

• (4) The provisions mentioned in subsection (3) are—

• (a) section 2(2) of the European Communities Act 1972 (general implementation of Treaties);

• (b) section 14 of the 1974 Act (power to direct investigations and inquiries);

• (c) section 15 of that Act (health and safety regulations);

• (d) section 43 of that Act (fees);

• (e) section 3 of the Nuclear Safeguards Act 2000 (identifying persons who have information);

• (f) section 77 of the Anti-terrorism, Crime and Security Act 2001 (regulation of security of civil nuclear industry).

• (5) Provision made under this section is additional, and without prejudice, to that made by or under any other provision of this Act.

Transfer of staff etc

115

Schedule 11 (which makes provision about schemes to transfer staff etc to the ONR) has effect.

Minor and consequential amendments

116

• (1) Schedule 12 (minor and consequential amendments related to Part 3) has effect.

• (2) The Secretary of State may by order make such modifications of—

• (a) primary legislation passed before the end of the session in which this Act is passed, or

• (b) an instrument made before the end of that session,

as the Secretary of State considers appropriate in consequence of this Part.

• (3) The power in subsection (2) includes power to make modifications of—

• (a) paragraphs 17 to 30 of Schedule 12 (amendments of the Nuclear Installations Act 1965), or

• (b) the provisions of the Nuclear Installations Act 1965 that are amended by those paragraphs.

• (4) The power conferred by virtue of subsection (3) is exercisable—

• (a) before or after the date on which those paragraphs come into force, and

• (b) only for the purpose of making provision corresponding to any amendments of the Nuclear Installations Act 1965 set out in an order made before that date (whether before or after this Act is passed) under section 76 of the Energy Act 2004 (amendments for giving effect to international obligations).

Application of Part 3

117

• (1) Her Majesty may by Order in Council provide that the provisions of this Part apply, so far as specified, in relation to persons, premises, activities, articles, substances or other matters, outside the United Kingdom as they apply within the United Kingdom or a specified part of the United Kingdom.

• (2) Such an Order in Council may—

• (a) provide for any provisions of this Part to apply subject to modifications;

• (b) provide for any of those provisions, as applied by the Order, to apply—

• (i) in relation to individuals, whether or not they are British citizens, and

• (ii) in relation to bodies corporate, whether or not they are incorporated under the law of a part of the United Kingdom;

• (c) make provision for conferring jurisdiction on a specified court or courts of a specified description in respect of—

• (i) offences under this Part committed outside the United Kingdom, or

• (ii) causes of action under section 76 in respect of acts or omissions that occur outside the United Kingdom;

• (d) make provision for questions arising out of any acts or omissions mentioned in paragraph (c)(ii) to be determined in accordance with the law in force in any specified part of the United Kingdom;

• (e) exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under any provision of this Part committed outside the United Kingdom.

• (3) In this section “specified”, in relation to an Order in Council, means specified in the Order.

• (4) Nothing in this section affects the application outside the United Kingdom of any provision of, or made under, this Part which so applies otherwise than by virtue of an Order in Council under this section.

Review of Part 3

118

• (1) As soon as reasonably practicable after the end of the period of 7 years beginning with the day on which section 77 comes into force, the Secretary of State must carry out a review of the provisions of this Part.

• (2) The Secretary of State must set out the conclusions of the review in a report.

• (3) The report must, in particular—

• (a) set out the objectives of the provisions of this Part,

• (b) assess the extent to which those objectives have been achieved, and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which those objectives could be achieved in a way that imposes less regulation.

• (4) The Secretary of State must lay the report before Parliament.

PART 4 — Government Pipe-line and Storage System

Meaning of “government pipe-line and storage system”

119

• (1) In this Part “the government pipe-line and storage system” means any property to which subsection (2), (3), (4) or (5) applies and which is vested in the Secretary of State, including any land held by the Secretary of State for the purposes of such property.

• (2) This subsection applies to any oil installations—

• (a) which are government war works, within the meaning of the Requisitioned Land and War Works Act 1945, or

• (b) to which section 28 of that Act applies by virtue of section 12(4) or (5) of the Requisitioned Land and War Works Act 1948.

• (3) This subsection applies to any oil installations which have been, are being or are intended to be, laid, installed or constructed, in or on land acquired for the purpose by virtue of section 13(a) of the 1958 Act.

• (4) This subsection applies to anything which has been, is being or is intended to be, laid, installed or constructed by virtue of a wayleave order under the 1958 Act.

• (5) This subsection applies to any other oil installations or other property—

• (a) relating to oil installations to which subsection (2) or (3) applies, or

• (b) relating to anything to which subsection (4) applies.

• (6) In this section—

• “the 1958 Act” means the Land Powers (Defence) Act 1958;

• “oil installations” has the meaning given by section 25(1) of that Act.

Rights in relation to the government pipe-line and storage system

120

• (1) The Secretary of State may maintain and use the government pipe-line and storage system or any part of it for any purpose for which it is suitable.

• (2) The Secretary of State may remove, replace or renew the system or any part of it.

• (3) The Secretary of State may restore land if the system or any part of it has been removed or abandoned.

• (4) The Secretary of State may inspect or survey the system, any part of it or any land on or under which the system or any part of it is situated.

• (5) The rights conferred by this section include in particular the right—

• (a) to place, continue or renew markers for indicating the position of the system or any part of it in so far as it is placed under land;

• (b) to erect and maintain stiles, gates, bridges or culverts for the facilitation of access to the system or any part of it;

• (c) to construct works for the facilitation of maintenance or inspection, or protection from damage, of the system or any part of it;

• (d) temporarily to place on land on or under which the system or any part of it is situated materials, plant or apparatus required in connection with the system or any part of it.

Right of entry

121

• (1) For the purpose of exercising a right conferred by section 120, the Secretary of State may enter—

• (a) any land on or under which is situated any part of the government pipe-line and storage system, or

• (b) any land which is held with that land.

• (2) The right conferred by subsection (1) is a right to enter on foot or with vehicles and includes a right to transport materials, plant and apparatus.

• (3) For the purpose of accessing any land mentioned in subsection (1) (“the system land”), the Secretary of State may pass over any other land (“the access land”) so far as it is necessary to do so for that purpose.

• (4) But the right conferred by subsection (3) may be exercised only if, and to the extent that, the occupier or owner of the system land is entitled to exercise a corresponding right of access (whether by virtue of an easement, under an agreement or otherwise) to pass over the access land.

• (5) Except in an emergency the rights conferred by this section may be exercised only—

• (a) at a reasonable time and with the consent of the occupier of the land, or

• (b) under the authority of a warrant (see section 122).

• (6) “An emergency” means that urgent action is required to prevent or limit serious damage to health or to the environment.

• (7) The rights conferred by this section do not include a right to enter premises used wholly or mainly as a private dwelling house.

Warrants for the purposes of section 121

122

• (1) A justice of the peace or, in Scotland, a sheriff, may issue a warrant to authorise entry on to land in the exercise of a right conferred by section 121 (including such a right exercisable by virtue of provision made by or under section 125).

• (2) The justice of the peace or the sheriff must be satisfied, on information on oath—

• (a) that—

• (i) at least 7 days' notice of intention to apply for a warrant has been given to the occupier of the land,

• (ii) the occupier cannot be found, or

• (iii) urgent action is required to prevent or limit serious damage to health or to the environment,

• (b) (except where the occupier cannot be found) that entry to the land has been or is likely to be refused, and

• (c) that there are reasonable grounds for exercising the right.

• (3) A warrant under this section may authorise the use of reasonable force.

• (4) It is an offence for a person intentionally to obstruct the exercise of any right conferred by a warrant under this section; and a person guilty of such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (5) In the application of this section to Scotland the reference to information on oath is to be read as a reference to evidence on oath.

Registration of rights

123

• (1) In this section a “GPSS right” is a right conferred by section 120, 121 or 125(1).

• (2) A GPSS right in respect of any land—

• (a) is not subject to any enactment requiring the registration or recording of interests in, charges over or other obligations affecting land;

• (b) binds any person who is at any time the owner or occupier of the land.

• (3) But a GPSS right in respect of any land in England or Wales is a local land charge and subsection (2)(a) does not apply to subsection (2) of section 5 of the Local Land Charges Act 1975 (duty to register local land charge).

• (4) For the purposes of the operation in relation to a GPSS right of the duty under that subsection to register a local land charge, the Secretary of State is the originating authority.

• (5) A GPSS right in respect of any land in Scotland may be registered in the Land Register of Scotland or recorded in the Register of Sasines.

Compensation

124

• (1) The Secretary of State must pay compensation to a person who proves that the value of a relevant interest to which the person is entitled is depreciated by reason of the coming into force of section 120, 121 or 125.

• (2) A “relevant interest” means an interest in land which—

• (a) comprises, or is held with, land in respect of which a right conferred by section 120, 121 or 125 is exercisable, and

• (b) subsisted at the time of the coming into force of the section.

• (3) The amount of compensation payable under subsection (1) is the amount that is equal to the amount of the depreciation.

• (4) If a person proves loss by reason of damage to, or disturbance in the enjoyment of, any land or chattels (or in Scotland corporeal moveables) as a result of the exercise of any right conferred by section 120 or 121, the person on whose behalf the right is exercised must pay compensation in respect of that loss.

• (5) Any dispute about entitlement to, or amount of, compensation under this section is to be determined by—

• (a) in the application of this Act to England and Wales, the Upper Tribunal;

• (b) in the application of this Act to Scotland, the Lands Tribunal for Scotland.

• (6) In relation to the assessment of compensation under subsection (1)—

• (a) for the purposes of an interest in land in England and Wales and the application of section 5A of the Land Compensation Act 1961 (relevant valuation date) the “relevant valuation date” is the date on which the section concerned comes into force;

• (b) for the purposes of an interest in land in Scotland and the operation of rule 2 in section 12 of the Land Compensation (Scotland) Act 1963 (value of land) the valuation must be made as at the date the section concerned comes into force.

Right to transfer the government pipe-line and storage system

125

• (1) The Secretary of State may—

• (a) sell or lease the government pipe-line and storage system or any part of it;

• (b) transfer for valuable consideration or otherwise the ownership of the system or any part of it;

• (c) transfer for valuable consideration or otherwise any right relating to the system or any part of it (whether a right conferred by this Part or otherwise);

• (d) transfer any liability relating to the system or any part of it.

• (2) Any sale, lease or transfer by virtue of subsection (1) may be subject to such conditions, if any, as the Secretary of State considers appropriate.

Application of the Pipe-lines Act 1962

126

• (1) Subsection (3) applies in relation to any part of the government pipe-line and storage system which is for the time being owned otherwise than by the Secretary of State.

• (2) In subsection (1) “owned” is to be construed in accordance with the definition of “owner” in section 66(1) of the Pipe-lines Act 1962.

• (3) The following sections of that Act, namely—

• (a) section 10 (provisions for securing that a pipe-line is so used as to reduce necessity for construction of others),

• (b) section 36 (notification of abandonment, cesser of use and resumption of use of pipe-lines or lengths thereof),

apply in relation to any such part as if it were a pipe-line constructed pursuant to a pipe-line construction authorisation.

• (4) Section 40(2) of that Act (application of the electronic communications code) applies—

• (a) for the purposes of GPSS works as it applies for the purposes of works in pursuance of a compulsory rights order,

• (b) to a person executing GPSS works as it applies to a person authorised to execute works in pursuance of such an order.

• (5) In subsection (4) “GPSS works” means—

• (a) works for inspecting, maintaining, adjusting, repairing, altering or renewing the government pipe-line and storage system or any part of it;

• (b) works for changing the position of the system or any part of it;

• (c) works for removing the system or any part of it;

• (d) breaking up or opening land for the purpose of works falling within paragraph (a), (b) or (c), or tunnelling or boring for that purpose;

• (e) other works incidental to anything falling within paragraph (a), (b), (c) or (d).

• (6) To the extent that anything done under or by virtue of this Part constitutes the execution of pipe-line works for the purposes of section 45 of the Pipe-lines Act 1962 (obligation to restore agricultural land), subsection (3) of that section has effect as if after “this Act” there were inserted “ or any provision of Part 4 of the Energy Act 2013 ”.

Rights apart from Part 4

127

• (1) Nothing in this Part affects any other rights of the Secretary of State in relation to the government pipe-line and storage system (whether conferred under another enactment, by agreement or otherwise, and whether or not existing upon the coming into force of this section).

• (2) For the purposes of sections 120, 121 and 125, it is immaterial whether a right corresponding to a right conferred by the section was exercisable by the Secretary of State before the coming into force of the section.

Repeals

128

• (1) The provisions mentioned in subsection (2) cease to have effect.

• (2) The provisions are—

• (a) section 12 of the Requisitioned Land and War Works Act 1948 (permanent power to maintain government oil pipe-lines);

• (b) section 13 of that Act (compensation in respect of government oil pipe-lines);

• (c) section 14 of that Act (registration of rights as to government oil pipe-lines);

• (d) section 15 of that Act (supplementary provisions as to government oil pipe-lines);

• (e) section 12 of the Land Powers (Defence) Act 1958 (extension of provisions of Requisitioned Land and War Works Acts).

Power to dissolve the Oil and Pipelines Agency by order

129

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

• (a) the repeal of the Oil and Pipelines Act 1985;

• (b) the dissolution of the Oil and Pipelines Agency.

• (2) If the Oil and Pipelines Agency is dissolved under subsection (1), the Secretary of State may make one or more schemes for the transfer to the Secretary of State of property, rights and liabilities (a “transfer scheme”).

• (3) Schedule 13 makes further provision about any transfer scheme under subsection (2).

• (4) An order under this section may—

• (a) include incidental, supplementary and consequential provision;

• (b) make transitory or transitional provision or savings;

• (c) make different provision for different cases or circumstances or for different purposes;

• (d) make provision subject to exceptions.

• (5) An order under this section is to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

Crown application: Part 4

130

• (1) This Part binds the Crown.

• (2) No contravention by the Crown of section 122(4) makes the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) But subsection (2) does not affect the criminal liability of persons in the service of the Crown.

PART 5 — Strategy and Policy Statement

Designation of statement

131

• (1) The Secretary of State may designate a statement as the strategy and policy statement for the purposes of this Part if the requirements set out in section 135 are satisfied (consultation and Parliamentary procedural requirements).

• (2) The strategy and policy statement is a statement prepared by the Secretary of State that sets out—

• (a) the strategic priorities, and other main considerations, of Her Majesty's government in formulating its energy policy for Great Britain (“strategic priorities”),

• (b) the particular outcomes to be achieved as a result of the implementation of that policy (“policy outcomes”), and

• (c) the roles and responsibilities of persons (whether the Secretary of State, the Authority , the Independent System Operator and Planner or other persons) who are involved in implementing that policy or who have other functions that are affected by it.

• (3) The Secretary of State must publish the strategy and policy statement (including any amended statement following a review under section 134) in such manner as the Secretary of State considers appropriate.

• (4) For the purposes of this section, energy policy “for Great Britain” includes such policy for—

• (a) the territorial sea adjacent to Great Britain, and

• (b) areas designated under section 1(7) of the Continental Shelf Act 1964.

• (5) In this Part—

• “the 1986 Act” means the Gas Act 1986;

• “Independent System Operator and Planner” means the person for the time being designated under section 162(1) of the Energy Act 2023;

• “policy outcomes” has the meaning given in subsection (2)(b);

• “strategic priorities” has the meaning given in subsection (2)(a);

• “the strategy and policy statement” means the statement for the time being designated under subsection (1) as the strategy and policy statement for the purposes of this Part.

Duties in relation to statement

132

• (1) The Authority must have regard to the strategic priorities set out in the strategy and policy statement when carrying out regulatory functions.

• (2) The Secretary of State and the Authority must carry out their respective regulatory functions in the manner which the Secretary of State or the Authority (as the case may be) considers is best calculated to further the delivery of the policy outcomes.

• (3) Subsection (2) is subject to the application of the principal objective duty in the carrying out of any such function.

• (4) “Regulatory functions”, in relation to the Secretary of State, means—

• (a) functions of the Secretary of State under Part 1 of the 1986 Act or Part 1 of EA 1989;

• (b) other functions of the Secretary of State to which the principal objective duty is applied by any enactment.

• (5) “Regulatory functions”, in relation to the Authority, means—

• (a) functions of the Authority under Part 1 of the 1986 Act or Part 1 of EA 1989;

• (b) other functions of the Authority to which the principal objective duty is applied by any enactment.

• (6) The “principal objective duty” means the duty of the Secretary of State or the Authority (as the case may be) imposed by—

• (a) section 4AA(1B) and (1C) of the 1986 Act;

• (b) section 3A(1B) and (1C) of EA 1989.

• (7) The Authority must give notice to the Secretary of State if at any time the Authority concludes that a policy outcome contained in the strategy and policy statement is not realistically achievable.

• (8) A notice under subsection (7) must include—

• (a) the grounds on which the conclusion was reached;

• (b) what (if anything) the Authority is doing, or proposes to do, for the purpose of furthering the delivery of the outcome so far as reasonably practicable.

• (9) In this section “enactment” includes—

• (a) an enactment contained in this Act, and

• (b) an enactment passed or made after the passing of this Act.

Exceptions from section 132 duties

133

• (1) Section 132(1) and (2) do not apply in relation to functions of the Secretary of State under sections 36 to 37 of EA 1989.

• (2) Section 132(1) and (2) do not apply in relation to anything done by the Authority—

• (a) in the exercise of functions relating to the determination of disputes;

• (b) in the exercise of functions under section 36A(3) of the 1986 Act or section 43(3) of EA 1989.

• (3) The duties imposed by section 132(1) and (2) do not affect the obligation of the Authority or the Secretary of State to perform or comply with any other duty or requirement (whether arising under this Act or another enactment, by virtue of any EU obligation or otherwise).

Review

134

• (1) The Secretary of State must review the strategy and policy statement if a period of 5 years has elapsed since the relevant time.

• (2) The “relevant time”, in relation to the strategy and policy statement, means—

• (a) the time when the statement was first designated under this Part, or

• (b) if later, the time when a review of the statement under this section last took place.

• (3) A review under subsection (1) must take place as soon as reasonably practicable after the end of the 5 year period.

• (4) The Secretary of State may review the strategy and policy statement at any other time if—

• (a) a Parliamentary general election has taken place since the relevant time,

• (b) the Authority has given notice to the Secretary of State under section 132(7) since the relevant time,

• (ba) the Independent System Operator and Planner has given notice to the Secretary of State under section 165(2) of the Energy Act 2023 since the relevant time,

• (c) a significant change in the energy policy of Her Majesty's government has occurred since the relevant time, or

• (d) the Parliamentary approval requirement in relation to an amended statement was not met on the last review (see subsection (12)).

• (5) The Secretary of State may determine that a significant change in the government's energy policy has occurred for the purposes of subsection (4)(c) only if—

• (a) the change was not anticipated at the relevant time, and

• (b) if the change had been so anticipated, it appears to the Secretary of State likely that the statement would have been different in a material way.

• (5A) The Secretary of State may also review the strategy and policy statement at any other time if the Secretary of State considers it appropriate to do so in preparation for or in connection with the designation of a person under section 162(1) of the Energy Act 2023 (Independent System Operator and Planner).

• (6) On a review under this section the Secretary of State may—

• (a) amend the statement (including by replacing the whole or part of the statement with new content),

• (b) leave the statement as it is, or

• (c) withdraw the statement's designation as the strategy and policy statement.

• (7) The amendment of a statement under subsection (6)(a) has effect only if the Secretary of State designates under section 131 the amended statement as the strategy and policy statement (and the procedural requirements under section 135 apply in relation to any such designation).

• (8) For the purposes of this section, corrections of clerical or typographical errors are not to be treated as amendments made to the statement.

• (9) The designation of a statement as the strategy and policy statement ceases to have effect upon a subsequent designation of an amended statement as the strategy and policy statement in accordance with subsection (7).

• (10) The Secretary of State must consult the following persons before proceeding under subsection (6)(b) or (c)—

• (a) the Authority,

• (aa) the Independent System Operator and Planner,

• (b) the Scottish Ministers,

• (c) the Welsh Ministers, and

• (d) such other persons as the Secretary of State considers appropriate.

• (11) For the purposes of subsection (2)(b), a review of a statement takes place—

• (a) in the case of a decision on the review to amend the statement under subsection (6)(a)—

• (i) at the time when the amended statement is designated as the strategy and policy statement under section 131, or

• (ii) if the amended statement is not so designated, at the time when the amended statement was laid before Parliament for approval under section 135(7);

• (b) in the case of a decision on the review to leave the statement as it is under subsection (6)(b), at the time when that decision is taken.

• (12) For the purposes of subsection (4)(d), the Parliamentary approval requirement in relation to an amended statement was not met on the last review if—

• (a) on the last review of the strategy and policy statement to be held under this section, an amended statement was laid before Parliament for approval under section 135(7), but

• (b) the amended statement was not designated because such approval was not given.

Procedural requirements

135

• (1) This section sets out the requirements that must be satisfied in relation to a statement before the Secretary of State may designate it as the strategy and policy statement.

• (2) In this section references to a statement include references to a statement as amended following a review under section 134(6)(a).

• (3) The Secretary of State must first—

• (a) prepare a draft of the statement, and

• (b) issue the draft to the required consultees for the purpose of consulting them about it.

• (4) The “required consultees” are—

• (a) the Authority,

• (aa) the Independent System Operator and Planner,

• (b) the Scottish Ministers, and

• (c) the Welsh Ministers.

• (5) The Secretary of State must then—

• (a) make such revisions to the draft as the Secretary of State considers appropriate as a result of responses to the consultation under subsection (3)(b), and

• (b) issue the revised draft for the purposes of further consultation about it to the required consultees and to such other persons as the Secretary of State considers appropriate.

• (6) The Secretary of State must then—

• (a) make any further revisions to the draft that the Secretary of State considers appropriate as a result of responses to the consultation under subsection (5)(b), and

• (b) prepare a report summarising those responses and the changes (if any) that the Secretary of State has made to the draft as a result.

• (7) The Secretary of State must lay before Parliament—

• (a) the statement as revised under subsection (6)(a), and

• (b) the report prepared under subsection (6)(b).

• (8) The statement as laid under subsection (7)(a) must have been approved by a resolution of each House of Parliament before the Secretary of State may designate it as the strategy and policy statement under section 131.

• (9) The requirement under subsection (3)(a) to prepare a draft of a statement may be satisfied by preparation carried out before, as well as preparation carried out after, the passing of this Act.

Principal objective and general duties in preparation of statement

136

• (1) Sections 4AA to 4B of the 1986 Act (principal objective and general duties) apply in relation to the relevant function of the Secretary of State under this Part as they apply in relation to functions of the Secretary of State under Part 1 of that Act.

• (2) Sections 3A to 3D of EA 1989 (principal objective and general duties) apply in relation to the relevant function of the Secretary of State under this Part as they apply in relation to functions of the Secretary of State under Part 1 of that Act.

• (3) The “relevant function” is the Secretary of State's function of determining the policy outcomes to be set out in the strategy and policy statement (whether when the statement is first prepared under this Part or when it is reviewed under section 134).

Reporting requirements

137

• (1) The Utilities Act 2000 is amended as follows.

• (2) After section 4 insert—

(4A) (1) As soon as reasonably practicable after the designation of a statement as the strategy and policy statement, the Authority must publish a document setting out the required information in relation to the statement. (2) The Authority must include the required information in relation to a strategy and policy statement in the forward work programme for each financial year, subject to making such modifications to the information as the Authority considers appropriate from the version as last published under this subsection. (3) The required information in relation to a strategy and policy statement to be set out in a document or forward work programme is— (a) the strategy the Authority intends to adopt for the purpose of furthering the delivery of the policy outcomes contained in the statement (both in respect of the year in or for which the document or programme is issued and beyond); (b) the things the Authority proposes to do in implementing that strategy (including when the Authority proposes to do them); (c) the ways in which the Authority has had regard to the strategic priorities contained in the statement in setting out the information required under paragraphs (a) and (b). (4) The duty under subsection (1) does not apply if— (a) the Authority does not think it reasonably practicable to publish the document mentioned in that subsection before the time when the Authority is next required to publish a forward work programme, and (b) the Authority includes the required information in that forward work programme. (5) The duty under subsection (2) does not apply in relation to the first financial year beginning after the designation of the statement if— (a) the Authority does not think it reasonably practicable to include the required information in the forward work programme for that year, and (b) the Authority includes the required information in a document published under subsection (1). (6) The duty under subsection (2) does not apply in relation to a financial year if the Secretary of State gives notice to the Authority under this subsection that the statement's designation— (a) will be withdrawn before the beginning of the year, or (b) is expected to have been withdrawn before the beginning of the year. (7) Subsections (4) to (6) of section 4 (notice requirements) apply to a document published under subsection (1) as they apply to a forward work programme. (8) In this section— - “designation”, in relation to a strategy and policy statement, means designation of the statement by the Secretary of State under Part 5 of the Energy Act 2013; - “forward work programme” has the meaning given by section 4(1); - “policy outcomes”, “strategic priorities” and “strategy and policy statement” have the same meaning as in Part 5 of the Energy Act 2013.

• (3) In section 5 (annual and other reports of Authority), after subsection (2) insert—

(2A) The annual report for each year shall also include a report on— (a) the ways in which the Authority has carried out its duties under section 132(1) and (2) of the Energy Act 2013 in relation to the strategy and policy statement (so far as the statement's designation was in effect during the whole or any part of the year), and (b) the extent to which the Authority has done the things set out under section 4A in a forward work programme or other document as the things the Authority proposed to do during that year in implementing its strategy for furthering the delivery of the policy outcomes contained in the statement (see subsection (3)(b) of that section). (2B) The report mentioned in subsection (2A) must, in particular, include— (a) the Authority's assessment of how the carrying out of its functions during the year has contributed to the delivery of the policy outcomes contained in the strategy and policy statement, and (b) if the Authority has failed to do any of the things mentioned in subsection (2A)(b), an explanation for the failure and the actions the Authority proposes to take to remedy it. (2C) In subsections (2A) and (2B)— - “forward work programme” has the meaning given by section 4(1); - “policy outcomes” and “strategy and policy statement” have the same meaning as in Part 5 of the Energy Act 2013.

Consequential provision

138

• (1) The following provisions are repealed (guidance about the making by the Authority of a contribution towards the attainment of social or environmental policies)—

• (a) sections 4AB and 4B(1) of the 1986 Act, and

• (b) sections 3B and 3D(1) of EA 1989.

• (2) In section 4AA(5) of the 1986 Act, after “(2),” insert “ and to section 132(2) of the Energy Act 2013 (duty to carry out functions in manner best calculated to further delivery of policy outcomes) ”.

• (3) In section 3A(5) of EA 1989, after “(2),” insert “ and to section 132(2) of the Energy Act 2013 (duty to carry out functions in manner best calculated to further delivery of policy outcomes) ”.

• (4) In the 1986 Act—

• (a) in section 4AA(7), for “sections 4AB and 4A” substitute “ section 4A ”;

• (b) in section 7B(4), in paragraph (a) omit “, 4AB”;

• (c) in section 23D(2)—

• (i) at the end of paragraph (b) omit “and”,

• (ii) in paragraph (c) for “sections 4AB and” substitute “ section ”, and

• (iii) at the end of paragraph (c) insert

; and (d) in the performance of its duties under section 132(1) and (2) of the Energy Act 2013.

;

• (d) in section 28(5), in paragraph (a) omit “, 4AB”;

• (e) in section 38(1A), omit “, 4AB”;

• (f) in section 41E(6)—

• (i) omit paragraph (b), and

• (ii) at the end of paragraph (c) insert

; and (d) any statement for the time being designated as the strategy and policy statement for the purposes of Part 5 of the Energy Act 2013.

• (5) In EA 1989—

• (a) in section 3A(7), for “sections 3B and 3C” substitute “ section 3C ”;

• (b) in section 11E(2)—

• (i) at the end of paragraph (b) omit “and”,

• (ii) in paragraph (c) for “sections 3B and 3C” substitute “ section 3C ”, and

• (iii) at the end of paragraph (c) insert

; and (d) in the performance of its duties under section 132(1) and (2) of the Energy Act 2013.

;

• (c) in section 28(2A), omit “, 3B”;

• (d) in section 56C(6)—

• (i) omit paragraph (b), and

• (ii) at the end of paragraph (c) insert

; and (d) any statement for the time being designated as the strategy and policy statement for the purposes of Part 5 of the Energy Act 2013.

PART 6 — Consumer Protection and Miscellaneous

CHAPTER 1 — Consumer Protection

Domestic tariffs

Power to modify energy supply licences: domestic supply contracts

139

• (1) The Secretary of State may modify—

• (a) a condition of a particular licence under section 7A(1) of the Gas Act 1986 (supply licences);

• (b) the standard conditions incorporated in licences under that provision by virtue of section 8 of that Act;

• (c) a condition of a particular licence under section 6(1)(d) of EA 1989 (supply licences);

• (d) the standard conditions incorporated in licences under that provision by virtue of section 8A of that Act;

by making provision of any of the kinds specified in subsection (2).

• (2) The kinds of provision mentioned in subsection (1) are—

• (a) provision requiring a licence holder to adopt one or more standard domestic tariffs;

• (b) provision for restricting the number of domestic tariffs, or domestic tariffs of a particular category, a licence holder may adopt;

• (c) provision about discretionary terms (which may in particular require the same discretionary terms to be offered in connection with, or incorporated into, all domestic supply contracts of any particular category);

• (d) provision for requiring a licence holder to provide information about its domestic tariffs and other supply contract terms, which may include information for enabling or facilitating the comparison—

• (i) of different domestic tariffs or supply contract terms of the licence holder;

• (ii) of domestic tariffs and supply contract terms of different licence holders;

• (e) provision for requiring a licence holder to change the domestic tariff on which it supplies gas or electricity to a domestic customer who is on a closed tariff by—

• (i) switching to a different domestic tariff for the time being offered by the licence holder, unless the customer objects, or

• (ii) offering the customer, or inviting the customer to switch to, a different domestic tariff for the time being offered by the licence holder;

• (f) provision for requiring a licence holder to provide information to domestic customers about the licence holder's costs, or profit, attributable to its domestic supply contracts, which may, in particular, include information about—

• (i) particular kinds of those costs, and

• (ii) the extent to which domestic customers' costs are attributable to any of those kinds of costs, or to profit.

• (3) Any limit imposed by virtue of subsection (2)(b) on the number of tariffs, or tariffs of any category, that a licence holder may adopt must be greater than the number of standard domestic tariffs, or (as the case may be) standard domestic tariffs of that category, that the licence holder is required to adopt.

• (4) Provision that may be included in a licence by virtue of subsection (2)(d) may in particular require a licence holder to provide each domestic customer with information—

• (a) about the customer's existing domestic tariff and supply contract terms;

• (b) about the expected cost to the customer of supplies under the customer's existing domestic supply contract and on one or more other domestic tariffs (including the lowest domestic tariff for the customer) or other supply contract terms of the licence holder;

• (c) about how to switch to different supply contract terms.

• (5) Provision that may be included in a licence by virtue of subsection (2)(d) or (f) may in particular—

• (a) require information to be provided in a form that is clear and easy to understand;

• (b) make provision about the times at which information is to be provided;

• (c) make provision about the format in which information is to be provided, which may in particular require information about a domestic tariff or supply contract terms to be provided in the form of a single figure or set of figures;

• (d) make provision about the way in which information is to be provided, which may in particular require information to be provided—

• (i) by means of a code or otherwise using a format readable by an electronic device, or

• (ii) in a way which facilitates processing of the information by means of an electronic device.

• (6) Provision included in a licence by virtue of the power in subsection (1)—

• (a) may make provision for determining when a licence holder is, or is not, to be regarded as offering to supply gas or electricity on a particular tariff (or as offering other terms in connection with domestic supply contracts) for the purpose of a relevant provision;

• (b) may make provision for supplies (or proposed supplies) of gas or electricity to be regarded as being on the same tariff or different tariffs for the purpose of a relevant provision;

• (c) may make provision for specifying how any domestic tariff (including a licence holder's lowest domestic tariff for a customer), or other supply contract terms, is or are to be identified for the purpose of any relevant provision;

• (d) may make provision about the calculation or estimation of any amount or figure for the purpose of a relevant provision, which may, in particular, include provision—

• (i) about assumptions to be made;

• (ii) requiring information about a customer's circumstances or previous consumption of gas or electricity to be taken into account;

• (e) may confer functions on the Secretary of State or the Authority;

• (f) may make different provision for different kinds of domestic customers or different supply contract terms, or otherwise in relation to different cases;

• (g) may make provision generally or only in relation to specified categories of domestic customers, domestic tariffs or domestic supply contracts or otherwise only in relation to specified cases or subject to exceptions;

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

• (i) may do any of the things authorised for licences of that type by section 7B(5)(a), (6) or (7) of the Gas Act 1986 or section 7(3), (4), (5) or (6A) of EA 1989.

• (7) The power in subsection (1)—

• (a) 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);

• (b) may be exercised differently in different cases or circumstances;

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

• (8) In this section—

• “closed tariff” means a domestic tariff on which a licence holder—supplies gas or electricity to customers under existing domestic supply contracts, butno longer offers to supply gas or electricity to customers who are not already on the tariff;

• “discretionary terms”, in relation to a domestic supply contract (or proposed domestic supply contract), means the supply contract terms other than the principal terms;

• “domestic customer” means a customer under a domestic supply contract;

• “domestic supply contract” means a contract for the supply of gas or electricity at domestic premises wholly or mainly for domestic purposes;

• “domestic tariff” means the set of principal terms of a domestic supply contract (or proposed domestic supply contract);

• “modify” includes amend, add to or remove, and references to modifications are to be construed accordingly;

• “the principal terms”, in relation to a domestic supply contract, means the terms of the contract of the types specified in an order under subsection (11);

• “relevant provision” means any provision included in a licence by virtue of subsection (1);

• “standard domestic tariff” means a domestic tariff some or all of whose terms are specified by, or in accordance with, a relevant provision;

• “supply contract terms” means the terms and conditions of a domestic supply contract.

• (9) For the purposes of the definition of “standard domestic tariff”, the terms that may be specified by, or in accordance with, a relevant provision—

• (a) may include a term providing for a charge or rate to be fixed for a period to be determined by the licence holder, but

• (b) may not include any term setting the amount of a charge or rate or otherwise specifying how it is to be determined.

• (10) For the purposes of this section—

• (a) gas or electricity is supplied on a tariff if the supply is made under a contract whose principal terms are the terms of the tariff,

• (b) a domestic customer is on a particular domestic tariff if gas or electricity is supplied to the customer on that tariff, and

• (c) a licence holder adopts a tariff if it supplies or offers to supply gas or electricity on that tariff (and references to adopting a tariff include references to doing either or both of them).

• (11) The Secretary of State may by order specify types of terms of domestic supply contracts which are the principal terms of such contracts.

• (12) An order under subsection (11) may—

• (a) include incidental, supplementary and consequential provision;

• (b) make transitory or transitional provision or savings;

• (c) make different provision for different domestic supply contracts or otherwise for different purposes;

• (d) make provision subject to exceptions.

• (13) An order under subsection (11) is to be made by statutory instrument.

• (14) A statutory instrument containing an order under subsection (11) is subject to annulment in pursuance of an order of either House of Parliament.

Section 139: procedure etc

140

• (1) Before making modifications of a licence under section 139(1) the Secretary of State must consult—

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

• (b) the Authority, and

• (c) such other persons as the Secretary of State considers it appropriate to consult.

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

• (3) Before making modifications under section 139(1) the Secretary of State must lay a draft of the modifications before Parliament.

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

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

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

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

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

• (9) The Secretary of State must publish details of any modifications made under section 139(1) as soon as reasonably practicable after they are made.

• (10) Where the Secretary of State makes a modification of the standard conditions of a licence of any type, the Authority must—

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

• (b) publish the modification.

• (11) A modification of part of a standard condition of a particular 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 EA 1989.

• (12) The power in section 139(1) may not be exercised after 31 December 2018.

General duties of Secretary of State

141

• (1) Sections 4AA to 4B of the Gas Act 1986 (principal objective and general duties) apply in relation to functions of the Secretary of State under section 139 or 140 of this Act with respect to holders of licences under section 7A(1) of that Act as they apply in relation to functions of the Secretary of State under Part 1 of that Act.

• (2) Sections 3A to 3D of EA 1989 (principal objective and general duties) apply in relation to functions of the Secretary of State under section 139 or 140 of this Act with respect to holders of licences under section 6(1)(d) of that Act as they apply in relation to functions of the Secretary of State under Part 1 of that Act.

Consequential provision

142

• (1) The Utilities Act 2000 is amended as follows.

• (2) In section 33 (standard conditions of electricity licences), in subsection (1)(f), omit “76 or”.

• (3) In section 81 (standard conditions of gas licences), in subsection (2), for “or under Chapter 1 of Part 1 or section 76 or 98 of the Energy Act 2011” substitute “ , under Chapter 1 of Part 1 or section 98 of the Energy Act 2011 or under section 139 of the Energy Act 2013 ”.

• (4) In the Energy Act 2011, sections 76 to 78 (power to modify energy supply licences: information about tariffs) are repealed.

Licensable activities

Powers to alter activities requiring licence: activities related to supply contracts

143

• (1) In section 41C of the Gas Act 1986 (power to alter activities requiring licence), after subsection (4) insert—

(4A) For the purposes of subsection (4), activities connected with the supply of gas include the following activities, whether or not carried on by a person supplying gas— (a) giving advice, information or assistance in relation to contracts for the supply of gas to persons who are or may become customers under such contracts, and (b) the provision of any other services to such persons in connection with such contracts.

• (2) In section 56A of EA 1989 (power to alter activities requiring licence), after subsection (4) insert—

(4A) For the purposes of subsection (4), activities connected with the supply of electricity include the following activities, whether or not carried on by a person supplying electricity— (a) giving advice, information or assistance in relation to contracts for the supply of electricity to persons who are or may become customers under such contracts, and (b) providing any other services to such persons in connection with such contracts.

Consumer redress orders

Consumer redress orders

144

Schedule 14 (which enables the Authority to impose requirements on a regulated person to take remedial action in respect of loss, damage or inconvenience caused to consumers of gas or electricity) has effect.

Fuel poverty

Fuel poverty

145

• (1) The Warm Homes and Energy Conservation Act 2000 is amended as follows.

• (2) After section 1 insert—

(1A) (1) The Secretary of State must make regulations setting out an objective for addressing the situation of persons in England who live in fuel poverty. (2) The regulations must specify a target date for achieving the objective. (3) Regulations under this section must be made by statutory instrument; and a statutory instrument containing such regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (4) The Secretary of State must lay a draft of the instrument before each House of Parliament within 6 months of the day on which section 145 of the Energy Act 2013 comes into force. (1B) (1) The Secretary of State must prepare and publish a strategy setting out the Secretary of State's policies for achieving the objective set out in regulations under section 1A by the target date specified in the regulations. (2) The strategy must be published within 6 months of the day on which the first regulations under section 1A come into force. (3) The strategy must— (a) describe the households to which it applies, (b) specify a comprehensive package of measures for achieving the objective by the target date, and (c) specify interim objectives to be achieved and target dates for achieving them. (4) The Secretary of State must take such steps as are in the Secretary of State's opinion necessary to implement the strategy. (5) The Secretary of State must— (a) from time to time assess the impact of steps taken under subsection (4) and the progress made in achieving the objectives and meeting the target dates, (b) make any revision of the strategy which the Secretary of State thinks appropriate in consequence of the assessment, (c) from time to time publish reports on such assessments. (6) If— (a) further regulations under section 1A are made revising an objective or the target date for achieving it, and (b) the Secretary of State considers that changes to the strategy are necessary or desirable as a result of those regulations, the Secretary of State must revise the strategy within 6 months of the day on which those regulations come into force. (7) If the Secretary of State revises the strategy, the Secretary of State must publish the strategy as revised. (8) In preparing the strategy or any revision of the strategy, the Secretary of State must consult— (a) local authorities or associations of local authorities, (b) persons appearing to the Secretary of State to represent the interests of persons living in fuel poverty, (c) the Gas and Electricity Markets Authority, and (d) such other persons as the Secretary of State thinks fit.

• (3) In section 2—

• (a) in the title, after “poverty” insert “ : Wales ”;

• (b) in subsection (1), after “strategy” insert “ as respects Wales ”;

• (c) in subsection (2)(d), omit “England or”;

• (d) in subsection (8)—

• (i) in the definition of “the appropriate authority”, omit paragraph (a), and

• (ii) in the definition of “the relevant commencement”, omit paragraph (a).

CHAPTER 2 — Miscellaneous

Feed-in tariffs

Feed-in tariffs: increase in maximum capacity of plant

146

In section 41 of the Energy Act 2008 (power to amend licence conditions etc: feed-in tariffs), in subsection (4), in the definition of “specified maximum capacity” for “5” substitute “ 10 ”.

Offshore transmission

Offshore transmission systems

147

• (1) EA 1989 is amended as follows.

• (2) In section 4 (prohibition on unlicensed supply), after subsection (3A) insert—

(3AA) Subsection (3A) is subject to section 6F (offshore transmission during commissioning period).

• (3) After section 6E insert—