Energy Act 2004
Energy Act 2004 (2004 c. 20)
- Energy Act 2004 (2004 c. 20)
- Part 1 The Civil Nuclear Industry
- Chapter 1 Nuclear decommissioning
- Establishment of NDA
- 1 The Nuclear Decommissioning Authority
- 2 Constitution of NDA
- Principal function of NDA
- 3 Designated responsibilities
- 4 Additional responsibilities under designating directions
- 5 Supplemental provisions of designating directions
- 6 Designations relating to Scotland
- Other functions of NDA
- 7 Supplemental functions
- 8 Special functions in relation to pensions etc.
- General duties and powers of NDA
- 9 General duties when carrying out functions
- 10 Powers for carrying out functions
- Strategies, plans and reports
- 11 Strategy for carrying out functions
- 12 Contents of strategy
- 13 Annual plans
- 14 Annual reports
- Implementation of strategies and plans
- 15 Duty to decommission and clean up installations and sites
- 16 Duties to operate installations and to provide treatment etc.
- 17 Duty to use installations etc. for purposes of NDA
- 18 Directions by NDA to the person with control
- 19 Designation as a related site for the purposes of s. 18
- 20 Duty to comply with directions under s. 18
- Financial provisions
- 21 Financial responsibilities of NDA
- 22 Expenditure and receipts of NDA
- 23 Borrowing by the NDA
- 24 Limit on NDA borrowing
- 25 Government guarantees for NDA borrowing
- 26 Accounts of NDA
- 27 Tax exemption for NDA activities
- 28 Taxation of NDA activities chargeable under miscellaneous provisions
- 29 Disregard for tax purposes of cancellation etc. of provisions
- 30 Disregard for tax purposes of provisions recognised by NDA
- Nuclear Decommissioning Funding Account
- 31 Establishment and maintenance of the Account
- 32 Examination of the Account
- Supplementary provisions of Chapter 1 of Part 1
- 33 Validity of transactions
- 34 Amendment of Schedule 12 to the 1989 Act
- 35 Power to modify Chapter 1 of Part 1
- 36 Meaning of “nuclear site” etc. and “person with control”
- 37 General interpretation of Chapter 1 of Part 1
- Chapter 2 Transfers relating to nuclear undertakings
- Transfer by scheme of property etc.
- 38 Nuclear transfer schemes
- 39 Transfers of publicly owned assets
- 40 Transfers with the consent of the transferor
- 41 Recovery of property from private ownership
- 42 Transfer of Nuclear Liabilities Investment Portfolio
- Extinguishment of undertakings and tax losses
- 43 Undertakings given by the Secretary of State
- 44 Extinguishment of BNFL losses for tax purposes
- Provisions relating to transfers
- 45 Further provision applying to transferee companies
- 46 Pensions
- 47 Taxation
- 48 Supplementary powers of the Secretary of State, the NDA and the UKAEA
- Supplementary provisions of Chapter 2 of Part 1
- 49 Duty to assist the Secretary of State
- 50 Interpretation of Chapter 2 of Part 1
- Chapter 3 Civil Nuclear Constabulary
- Civil Nuclear Police Authority
- 51 The Civil Nuclear Police Authority
- Civil Nuclear Constabulary
- 52 The Civil Nuclear Constabulary
- 53 Chief constable and other senior officers
- 54 Functions of senior officers
- 55 Members of the Constabulary
- Additional services
- 55A Provision of additional police services
- 55B Provision of assistance to other forces
- Jurisdiction and powers of Constabulary
- 56 Jurisdiction of Constabulary
- 56A Exercise of powers and privileges in Scotland
- 56B. Exercise of functions in relation to children under the Scottish age of criminal responsibility
- 57 Stop and search under Terrorism Act 2000
- Administration of Constabulary
- 58 Government, administration and conditions of service
- 59 Members of Constabulary serving with other forces
- 59A Constables serving with National Crime Agency
- 60 Charges
- Supervision and inspection etc.
- 61 Planning and reports
- 62 Inspection
- 63 Supervision by Secretary of State
- Rights etc. of members of the Constabulary
- 64 Civil Nuclear Police Federation
- 65 Rank-related associations
- 66 Representation at certain disciplinary proceedings
- 67 Trade union membership
- Supplementary provisions of Chapter 3 of Part 1
- 68 Application of offences etc. applying to constables
- 69 Minor amendments relating to the Constabulary
- 70 Nuclear transfer scheme for UKAEA Constabulary
- 71 Interpretation of Chapter 3 of Part 1
- Chapter 4 Authorisations relating to radioactive waste
- 72 Transfer of authorisations
- 73 Applications for variation of authorisations
- 74 Periodic reviews of authorisations
- 75 Consequential amendments of the 1993 Act
- Chapter 5 Miscellaneous provisions relating to nuclear industry
- 76 Amendments for giving effect to international obligations
- 77 Regulation of equipment, software and information
- 78 Application of the 1965 Act to Northern Ireland
- 79 Expenditure on nuclear related matters
- 80 Additional functions of UKAEA
- Part 2 Sustainability and Renewable Energy Sources
- Chapter 1 Sustainable energy
- 81 Reports under section 1 of Sustainable Energy Act 2003
- 82 Microgeneration
- 83 Sustainable development
- Chapter 2 Offshore production of energy
- Renewable Energy Zones
- 84 Exploitation of areas outside the territorial sea for energy production
- 85 Application of criminal law to renewable energy installations etc.
- 86 Prosecutions
- 87 Application of civil law to renewable energy installations etc.
- 88 Orders in Council under ss. 85 and 87
- Application of 1989 Act offshore
- 89 Activities offshore requiring 1989 Act licences
- 90 Modification of licence conditions for offshore transmission and distribution
- 91 Extension of transmission licences offshore
- 92 Competitive tenders for offshore transmission licences
- 93 Consents for generating stations offshore
- 94 Application of regulations under 1989 Act offshore
- Safety zones for installations
- 95 Safety zones around renewable energy installations
- 96 Prohibited activities in safety zones
- 97 Offences relating to safety zones
- 98 Supplementary provisions relating to offences under s. 97
- Navigation and civil aviation
- 99 Navigation
- 100 Further provision relating to public rights of navigation
- 101 Application of civil aviation regulations to renewable energy installations
- Supplementary provisions of Chapter 2 of Part 2
- 102 Amendments of 1989 Act consequential on Chapter 2 of Part 2
- 103 Other amendments consequential on Chapter 2 of Part 2
- 104 Interpretation of Chapter 2 of Part 2
- Chapter 3 Decommissioning of offshore installations
- Decommissioning programmes
- 105 Requirement to prepare decommissioning programmes
- 105A Section 105 notices: supplemental
- 106 Approval of decommissioning programmes
- 107 Failure to submit or rejection of decommissioning programmes
- 108 Reviews and revisions of decommissioning programmes
- Implementation of decommissioning programmes
- 109 Carrying out of decommissioning programmes
- 110 Default in carrying out decommissioning programmes
- 110A Protection of funds held for purposes of decommissioning
- 110B Section 110A: supplemental
- Decommissioning regulations
- 111 Regulations about decommissioning
- Supplementary provisions of Chapter 3 of Part 2
- 112 Duty to inform appropriate Minister
- 112A Power of appropriate Minister to require information and documents
- 113 Offences relating to decommissioning programmes
- 114 Interpretation of Chapter 3 of Part 2
- Chapter 4 Renewables obligations relating to electricity
- 115 Discharge of renewables obligation in Great Britain by payment
- 116 Issue of green certificates in Great Britain
- 117 Use of green certificates issued in Northern Ireland
- 118 Distributions to Northern Ireland suppliers
- 119 Supplementary provision relating to renewables obligation in Great Britain
- 120 Issue of green certificates in Northern Ireland
- 121 GEMA’s power to act on behalf of Northern Ireland regulator
- 121A GEMA’s power to act on behalf of Northern Ireland regulator in issuing guarantees of origin of renewables electricity
- 122 Consultation in relation to Northern Ireland renewables orders
- 123 Modification of conditions of Northern Ireland electricity licences
- Chapter 5 Renewable transport fuel obligations
- 124 Imposition of renewable transport fuel obligations
- 125 Appointment of the Administrator
- 125A General functions of the Administrator
- 125B Functions of the Administrator: supplementary
- 125C Transfer of functions to new Administrator
- 126 Determinations of amounts of transport fuel
- 127 Renewable transport fuel certificates
- 128 Discharge of obligation by payment
- 129 Imposition of civil penalties
- 130 Objections to civil penalties
- 131 Appeals against civil penalties
- 131A Disclosure of information held by Revenue and Customs
- 131B Further disclosure of information
- 131C Wrongful disclosure
- 131D Recycled carbon fuel and nuclear-derived fuel
- 132 Interpretation of Chapter 5 of Part 2
- Part 3 Energy Regulation
- Chapter 1 Electricity trading and transmission
- 133 “New trading and transmission arrangements”
- 134 Power to modify licence conditions
- 135 Alteration of transmission activities requiring licence
- 136 Transmission licences
- 137 New standard conditions for transmission licences
- 138 Conversion of existing transmission licences
- 139 Grant of transmission licences
- 140 Duties to provide information etc. to Secretary of State
- 141 Property arrangements schemes
- 142 Interpretation of Chapter 1 of Part 3
- 143 Amendments consequential on Chapter 1 of Part 3
- 144 Transition
- Chapter 2 Interconnectors for electricity and gas
- Electricity interconnectors
- 145 Operators of electricity interconnectors to be licensed
- 146 Standard conditions for electricity interconnectors
- 147 Consequential amendments of the 1989 Act
- 148 Grant of electricity interconnector licences to existing operators
- Gas interconnectors
- 149 Operators of gas interconnectors to be licensed
- 150 Standard conditions for gas interconnectors
- 151 Disapplication of existing regimes
- 152 Grant of gas interconnector licences to existing operators
- 153 Extraterritorial application of Gas Act 1986
- Chapter 3 Special administration regime for energy licensees
- Energy administration orders
- 154 Energy administration orders
- 155 Objective of an energy administration
- 156 Applications for energy administration orders
- 157 Powers of court
- 158 Energy administrators
- 159 Conduct of administration, transfer schemes etc.
- Restrictions on other insolvency procedures
- 160 Restrictions on winding-up orders
- 161 Restrictions on voluntary winding up
- 162 Restrictions on making of ordinary administration orders
- 163 Restrictions on administrator appointments by creditors etc.
- 164 Restrictions on enforcement of security
- Financial support for companies in administration
- 165 Grants and loans
- 166 Indemnities
- 167 Guarantees where energy administration order is made
- Licence modifications relating to energy administration
- 168 Modifications of particular or standard conditions
- 169 Licence conditions to secure funding of energy administration
- Supplemental provision of Chapter 3 of Part 3
- 170 Modification of Chapter 3 of Part 3 under Enterprise Act 2002
- 171 Interpretation of Chapter 3 of Part 3
- Chapter 4 Further provisions about regulation
- Security of supply
- 172 Annual report on security of energy supplies
- Appeals from GEMA decisions
- 173 Appeals to the CMA
- 174 Procedure on appeals
- 175 Determination of appeals
- 176 Specialist members of Competition Commission
- Funding of appeals and references
- 177 Modifications of standard conditions for funding appeals and references
- Best practice
- 178 Duty to have regard to best regulatory practice
- Meaning of electricity supply and high voltage lines
- 179 Meaning of electricity supply
- 180 Meaning of “high voltage line”
- Metering
- 181 Prepayment meters
- Inquiries under ss. 36 and 37 of the 1989 Act
- 182 Additional inspectors
- Confidential information
- 183 Exclusion of confidential information from registers
- Areas with high distribution or transmission costs
- 184 Assistance for areas with high distribution costs
- 185 Adjustment of transmission charges
- 186 Restrictions on disclosure of information
- Payments into Scottish Consolidated Fund
- 187 Payments of sums raised by fossil fuel levy
- Part 4 Miscellaneous and Supplemental
- Imposition of charges
- 188 Power to impose charges to fund energy functions
- International agreements relating to pipelines and offshore installations
- 189 Power to modify Petroleum Act 1998
- Supplementary provision relating to functions of Secretary of State and GEMA
- 190 Application of general duties to Part 3 functions etc.
- 191 Supplementary provision about licence condition powers
- Supplemental
- 192 Powers exercisable by statutory instrument
- 193 Service of notifications and other documents
- 194 Notifications and documents in electronic form
- 195 Timing and location of things done electronically
- 196 General interpretation
- 197 Repeals etc.
- 198 Short title, commencement and extent
- SCHEDULES
- SCHEDULE 1 The Nuclear Decommissioning Authority
- Part 1 Members and staff of NDA
- Tenure of office by non-executive members
- Remuneration and pensions of non-executive members
- Terms and conditions of executive members of the NDA
- Constitution of NDA for initial period
- Staffing of the NDA
- UKAEA pensions for NDA staff
- Part 2 Proceedings of NDA
- Committees of the NDA and advisory committees
- Delegation of functions
- Quorums
- Proceedings of the NDA and of their committees etc.
- Authentication of NDA’s seal
- Records of proceedings
- Validity of proceedings
- Part 3 Supplemental
- Public records
- Parliamentary Commissioner Act 1967
- Disqualification for House of Commons and Northern Ireland Assembly
- Scottish devolution
- Freedom of information
- Interpretation of Schedule
- SCHEDULE 2 Procedural requirements applicable to NDA’s strategy
- Approval required for strategy
- Initial strategy
- Strategy reviews and revisions
- Consultation by NDA
- Approval of strategy
- Publication of strategy
- SCHEDULE 3 Procedural requirements applicable to NDA’s annual plans
- Preparation and revision of plan
- Consultation by NDA
- Approval of annual plan
- Publication of plan
- SCHEDULE 4 Supplemental taxation provisions for exempt activities
- Exempt activities to be separate trade
- Accounting periods of companies carrying on exempt activities
- Charges on income in connection with exempt activities
- Finance leasing of plant and machinery
- Mixed use of industrial buildings
- Residue of qualifying expenditure on industrial buildings
- SCHEDULE 5 Supplementary provisions about nuclear transfer schemes
- Identification of property to which scheme applies
- Property, rights and liabilities that may be transferred
- Dividing and modifying transferor’s property, rights and liabilities
- Obligation to effect transfers etc. under a nuclear transfer scheme
- Effect of nuclear transfer schemes
- Supplementary provisions of schemes
- Proof of title by certificate
- Duties in relation to foreign property
- Modification of scheme by agreement
- The Transfer of Undertakings (Protection of Employment) Regulations 1981
- Compensation for third parties
- Compensation for transferor in case of a recovery scheme
- Interpretation
- SCHEDULE 6 Structure etc. of transferee companies
- Application and interpretation of Schedule
- Initial Government holding in the transferee company
- Government investment in securities of transferee company
- Exercise of functions through nominees
- Payment of dividends etc. into Consolidated Fund
- Distributable reserves of transferee companies
- Dividends
- Saving for inherent powers of Ministers
- SCHEDULE 7 Finances and accounts of transferee companies
- Interpretation of Schedule
- Government lending to transferee companies
- Guarantees for designated BNFL companies
- Government guarantees for loans of undesignated publicly controlled transferee companies
- Financial limits of BNFL and publicly controlled companies that are designated
- Financial limits for publicly controlled transferees that are not designated
- Temporary restrictions on borrowing of transferee companies
- Statutory accounts of transferee companies
- Accounts of Crown owned transferee companies to be laid before Parliament
- SCHEDULE 8 Pensions
- Part 1 Preliminary
- Interpretation
- Part 2 Extensions of certain pension schemes
- Part 3 Public sector transfers of UKAEA pension scheme members
- Transfers of employment for NDA purposes
- Application of UKAEA pension scheme
- Modification of UKAEA pension scheme
- Transfer of funds from UKAEA pension scheme
- Exercise of powers of Secretary of State
- Payments to UKAEA by relevant public sector employer
- Part 4 Other transfers
- Persons entitled to pension protection under paragraphs 10 and 11
- Persons entitled to reformed protection under paragraphs 10 and 11
- Protection on transfer in accordance with a nuclear transfer scheme
- Protection on a transfer in accordance with transfer arrangements
- Modification of NDA schemes
- Part 5 UKAEA pensions for employees of designated BNFL companies
- SCHEDULE 9 Taxation provisions relating to nuclear transfer schemes
- Part 1 Transfers to the NDA or a subsidiary of the NDA
- Trading losses: transfer of company carrying on exempt activities
- Trading losses: transfer of undertaking carrying on exempt activities
- Chargeable gains: assets to be treated as disposed without a gain or a loss
- Chargeable gains: assets treated as acquired at nil cost
- Chargeable gains: degrouping charges
- Chargeable gains: disposal of debts
- Capital allowances: transfer of whole trade
- Capital allowances: transfer of part of a trade
- Capital allowances: transfer of plant or machinery
- Capital allowances: transfer not to be transaction between connected persons
- Continuity in relation to loan relationships
- Continuity in relation to derivative contracts
- Continuity in relation to transfer of intangible assets
- Chargeable intangible assets: degrouping charges
- Computation of profits and losses in respect of transfer of trade
- Part 2 Transfers relating to BNFL or the UKAEAetc.
- Application of Part 2 of Schedule
- Application of rules for reorganisations under same ownership
- Chargeable gains: assets to be treated as disposed without a gain or a loss
- Chargeable gains: degrouping charges
- Chargeable gains: disposal of debts
- Capital allowances: transfer of plant or machinery
- Capital allowances: transfer not to be transaction between connected persons
- Continuity in relation to loan relationships
- Continuity in relation to derivative contracts
- Continuity in relation to transfer of intangible assets
- Chargeable intangible assets: degrouping charges
- Computation of profits and losses: transfer of trade
- Part 3 Transfers relating to relevant site licensees
- Part 4 Transfer of Nuclear Liabilities Investment Portfolio
- Application of Part 4 of Schedule
- Chargeable gains: assets to be treated as disposed without a gain or a loss
- Neutral effect of transfer for loan relationships and derivative contracts
- Part 5 Stamp duty etc.
- Part 6 Supplemental provisions of Schedule
- Groups of companies
- Consequential amendment
- Interpretation of Schedule
- SCHEDULE 10 The Civil Nuclear Police Authority
- Part 1 Membership
- Appointment
- Terms of appointment
- Remuneration
- Part 2 Proceedings
- Police Authority to regulate procedure
- Validity etc.
- Part 3 Employees
- Employees of the Police Authority
- UKAEA pensions for employees of the Police Authority
- Part 4 Finances
- Borrowing by the Police Authority
- Guarantees for borrowing by the Police Authority
- Grants and loans to the Police Authority
- Financial duties
- Accounts and audit
- Receipts and surpluses
- Destination of receipts
- Part 5 Miscellaneous
- Authentication of Police Authority’s seal
- Status
- Disqualification for House of Commons
- Freedom of information
- SCHEDULE 11 Removal and suspension of senior officers of Constabulary
- Removal of senior officers by Police Authority
- Power of Secretary of State to require removal of chief constable
- Suspension of senior officers by Police Authority pending removal
- Power of Secretary of State to require suspension of chief constable
- SCHEDULE 12 Planning and reports about Constabulary
- Part 1 Planning
- Determination of annual objectives for Constabulary
- Annual policing plan
- Three-year strategy plan
- Initial objectives and plans
- Part 2 Reports
- Annual report by chief constable
- Power of Police Authority to require reports
- Annual report by Police Authority
- Power of Secretary of State to require reports
- Meaning of “reporting year”
- SCHEDULE 13 Directions by Secretary of State about Constabulary
- Objectives
- Directions with respect to the Constabulary
- Government, administration and conditions of service
- Remedial action
- SCHEDULE 14 Minor amendments relating to Constabulary
- Public Records Act 1958
- Police (Scotland) Act 1967
- Firearms Act 1968
- Race Relations Act 1976
- Ministry of Defence Police Act 1987
- Official Secrets Act 1989
- Police Act 1996
- Regulation of Investigatory Powers Act 2000
- Criminal Justice and Police Act 2001
- Anti-terrorism, Crime and Security Act 2001
- Police Reform Act 2002
- SCHEDULE 15 Amendments of 1993 Act
- Preliminary
- Applications for authorisations
- Duty to display documents
- Requirements with respect to records
- Enforcement notices
- Prohibition notices
- Directions in relation to applications etc.
- Power to call in applications
- Power to restrict knowledge of applications etc.
- Appeals
- Offences
- False and misleading statements
- Meaning of “prescribed”
- SCHEDULE 16 Applications and proposals for notices under section 95
- Interpretation
- Requirements for applications
- Objections to an application
- Objections in other cases
- Public inquiries
- Use of additional inspectors for an inquiry
- Combined notices
- Parliamentary control of regulations
- SCHEDULE 17 Conversion of existing transmission licences: licensing scheme
- Licensing scheme
- Consequential amendment of related codes and agreements
- Effect of licensing scheme
- Modification of licensing scheme
- Consultation by the Secretary of State
- “Existing transmission licence”
- SCHEDULE 18 Property arrangements schemes
- Scheme-making power
- Applications for schemes
- GEMA’s functions in relation to applications
- Effect of property arrangements scheme
- Review of determinations
- Interim arrangements pending review of determination
- Supplementary
- SCHEDULE 19 Consequential amendments relating to Chapter 1 of Part 3
- Water (Scotland) Act 1980 (c. 45)
- Telecommunications Act 1984 (c. 38)
- Electricity Act 1989 (c. 29)
- Water Industry Act 1991 (c. 56)
- Water Resources Act 1991 (c. 57)
- Land Drainage Act 1991 (c. 59)
- Utilities Act 2000 (c. 27)
- SCHEDULE 20 Conduct of energy administration
- Part 1 Application of Schedule B1 to the 1986 Act
- Application of Schedule B1 provisions
- Part 2 Modifications of Schedule B1
- Introductory
- General modifications of the applicable provisions
- Specific modifications
- Part 3 Further Schedule B1 modifications for non-GB companies
- Introductory
- Modifications
- Part 4 Other modifications
- General modifications
- Modifications of 1986 Act
- Power to make further modifications
- Interpretation of Part 4 of Schedule
- SCHEDULE 21 Energy transfer schemes
- Application of Schedule
- Making of energy transfer schemes
- Provision that may be made by a scheme
- Transfer of licences
- Powers and duties under statutory provisions
- Supplemental provisions relating to transfers
- Effect of scheme
- Subsequent modification of scheme
- Transfers in the case of non-GB companies
- Provision relating to foreign property etc.
- Application of Schedule to transfers to subsidiaries
- Interpretation
- SCHEDULE 22 Procedure for appeals under section 173
- Application for permission to bring appeal
- Addition of parties to appeal
- Suspension of decision
- Time limit for representations and observations by GEMA
- Consideration and determination of appeal by group
- Timetable for determination of appeal
- Matters to be considered on appeal
- Production of documents
- Oral hearings
- Written statements
- Defaults in relation to evidence
- Appeal rules
- Costs
- The Secretary of State’s power to modify time limits
- Interpretation of Schedule
- SCHEDULE 23 Repeals
- Part 1 Repealed provisions
- Part 2 Savings etc.
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