Energy Act 2004

1. Introductory Text

2. Part 1 The Civil Nuclear Industry

   1. Chapter 1 Nuclear decommissioning

      1. Establishment of NDA

         1. 1. The Nuclear Decommissioning Authority

         2. 2. Constitution of NDA

      2. Principal function of NDA

         1. 3. Designated responsibilities

         2. 4. Additional responsibilities under designating directions

         3. 5. Supplemental provisions of designating directions

         4. 6. Designations relating to Scotland

      3. Other functions of NDA

         1. 7. Supplemental functions

         2. 8. Special functions in relation to pensions etc.

      4. General duties and powers of NDA

         1. 9. General duties when carrying out functions

         2. 10. Powers for carrying out functions

      5. Strategies, plans and reports

         1. 11. Strategy for carrying out functions

         2. 12. Contents of strategy

         3. 13. Annual plans

         4. 14. Annual reports

      6. Implementation of strategies and plans

         1. 15. Duty to decommission and clean up installations and sites

         2. 16. Duties to operate installations and to provide treatment etc.

         3. 17. Duty to use installations etc. for purposes of NDA

         4. 18. Directions by NDA to the person with control

         5. 19. Designation as a related site for the purposes of s. 18

         6. 20. Duty to comply with directions under s. 18

      7. Financial provisions

         1. 21. Financial responsibilities of NDA

         2. 22. Expenditure and receipts of NDA

         3. 23. Borrowing by the NDA

         4. 24. Limit on NDA borrowing

         5. 25. Government guarantees for NDA borrowing

         6. 26. Accounts of NDA

         7. 27. Tax exemption for NDA activities

         8. 28. Taxation of NDA activities chargeable under Case VI of Schedule D

         9. 29. Disregard for tax purposes of cancellation etc. of provisions

         10. 30. Disregard for tax purposes of provisions recognised by NDA

      8. Nuclear Decommissioning Funding Account

         1. 31. Establishment and maintenance of the Account

         2. 32. Examination of the Account

      9. Supplementary provisions of Chapter 1 of Part 1

         1. 33. Validity of transactions

         2. 34. Amendment of Schedule 12 to the 1989 Act

         3. 35. Power to modify Chapter 1 of Part 1

         4. 36. Meaning of “nuclear site” etc. and “person with control”

         5. 37. General interpretation of Chapter 1 of Part 1

   2. Chapter 2 Transfers relating to nuclear undertakings

      1. Transfer by scheme of property etc.

         1. 38. Nuclear transfer schemes

         2. 39. Transfers of publicly owned assets

         3. 40. Transfers with the consent of the transferor

         4. 41. Recovery of property from private ownership

         5. 42. Transfer of Nuclear Liabilities Investment Portfolio

      2. Extinguishment of undertakings and tax losses

         1. 43. Undertakings given by the Secretary of State

         2. 44. Extinguishment of BNFL losses for tax purposes

      3. Provisions relating to transfers

         1. 45. Further provision applying to transferee companies

         2. 46. Pensions

         3. 47. Taxation

         4. 48. Supplementary powers of the Secretary of State, the NDA and the UKAEA

      4. Supplementary provisions of Chapter 2 of Part 1

         1. 49. Duty to assist the Secretary of State

         2. 50. Interpretation of Chapter 2 of Part 1

   3. Chapter 3 Civil Nuclear Constabulary

      1. Civil Nuclear Police Authority

         1. 51. The Civil Nuclear Police Authority

      2. Civil Nuclear Constabulary

         1. 52. The Civil Nuclear Constabulary

         2. 53. Chief constable and other senior officers

         3. 54. Functions of senior officers

         4. 55. Members of the Constabulary

      3. Jurisdiction and powers of Constabulary

         1. 56. Jurisdiction of Constabulary

         2. 57. Stop and search under Terrorism Act 2000

      4. Administration of Constabulary

         1. 58. Government, administration and conditions of service

         2. 59. Members of Constabulary serving with other forces

         3. 60. Charges

      5. Supervision and inspection etc.

         1. 61. Planning and reports

         2. 62. Inspection

         3. 63. Supervision by Secretary of State

      6. Rights etc. of members of the Constabulary

         1. 64. Civil Nuclear Police Federation

         2. 65. Rank-related associations

         3. 66. Representation at certain disciplinary proceedings

         4. 67. Trade union membership

      7. Supplementary provisions of Chapter 3 of Part 1

         1. 68. Application of offences etc. applying to constables

         2. 69. Minor amendments relating to the Constabulary

         3. 70. Nuclear transfer scheme for UKAEA Constabulary

         4. 71. Interpretation of Chapter 3 of Part 1

   4. Chapter 4 Authorisations relating to radioactive waste

      1. 72. Transfer of authorisations

      2. 73. Applications for variation of authorisations

      3. 74. Periodic reviews of authorisations

      4. 75. Consequential amendments of the 1993 Act

   5. Chapter 5 Miscellaneous provisions relating to nuclear industry

      1. 76. Amendments for giving effect to international obligations

      2. 77. Regulation of equipment, software and information

      3. 78. Application of the 1965 Act to Northern Ireland

      4. 79. Expenditure on nuclear related matters

      5. 80. Additional functions of UKAEA

3. Part 2 Sustainability and Renewable Energy Sources

   1. Chapter 1 Sustainable energy

      1. 81. Reports under section 1 of Sustainable Energy Act 2003

      2. 82. Microgeneration

      3. 83. Sustainable development

   2. Chapter 2 Offshore production of energy

      1. Renewable Energy Zones

         1. 84. Exploitation of areas outside the territorial sea for energy production

         2. 85. Application of criminal law to renewable energy installations etc.

         3. 86. Prosecutions

         4. 87. Application of civil law to renewable energy installations etc.

         5. 88. Orders in Council under ss. 85 and 87

      2. Application of 1989 Act offshore

         1. 89. Activities offshore requiring 1989 Act licences

         2. 90. Modification of licence conditions for offshore transmission and distribution

         3. 91. Extension of transmission licences offshore

         4. 92. Competitive tenders for offshore transmission licences

         5. 93. Consents for generating stations offshore

         6. 94. Application of regulations under 1989 Act offshore

      3. Safety zones for installations

         1. 95. Safety zones around renewable energy installations

         2. 96. Prohibited activities in safety zones

         3. 97. Offences relating to safety zones

         4. 98. Supplementary provisions relating to offences under s. 97

      4. Navigation and civil aviation

         1. 99. Navigation

         2. 100. Further provision relating to public rights of navigation

         3. 101. Application of civil aviation regulations to renewable energy installations

      5. Supplementary provisions of Chapter 2 of Part 2

         1. 102. Amendments of 1989 Act consequential on Chapter 2 of Part 2

         2. 103. Other amendments consequential on Chapter 2 of Part 2

         3. 104. Interpretation of Chapter 2 of Part 2

   3. Chapter 3 Decommissioning of offshore installations

      1. Decommissioning programmes

         1. 105. Requirement to prepare decommissioning programmes

         2. 106. Approval of decommissioning programmes

         3. 107. Failure to submit or rejection of decommissioning programmes

         4. 108. Reviews and revisions of decommissioning programmes

      2. Implementation of decommissioning programmes

         1. 109. Carrying out of decommissioning programmes

         2. 110. Default in carrying out decommissioning programmes

      3. Decommissioning regulations

         1. 111. Regulations about decommissioning

      4. Supplementary provisions of Chapter 3 of Part 2

         1. 112. Duty to inform Secretary of State

         2. 113. Offences relating to decommissioning programmes

         3. 114. Interpretation of Chapter 3 of Part 2

   4. Chapter 4 Renewables obligations relating to electricity

      1. 115. Discharge of renewables obligation in Great Britain by payment

      2. 116. Issue of green certificates in Great Britain

      3. 117. Use of green certificates issued in Northern Ireland

      4. 118. Distributions to Northern Ireland suppliers

      5. 119. Supplementary provision relating to renewables obligation in Great Britain

      6. 120. Issue of green certificates in Northern Ireland

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

      8. 122. Consultation in relation to Northern Ireland renewables orders

      9. 123. Modification of conditions of Northern Ireland electricity licences

   5. Chapter 5 Renewable transport fuel obligations

      1. 124. Imposition of renewable transport fuel obligations

      2. 125. The Administrator

      3. 126. Determinations of amounts of transport fuel

      4. 127. Renewable transport fuel certificates

      5. 128. Discharge of obligation by payment

      6. 129. Imposition of civil penalties

      7. 130. Objections to civil penalties

      8. 131. Appeals against civil penalties

      9. 132. Interpretation of Chapter 5 of Part 2

4. Part 3 Energy Regulation

   1. Chapter 1 Electricity trading and transmission

      1. 133. “New trading and transmission arrangements”

      2. 134. Power to modify licence conditions

      3. 135. Alteration of transmission activities requiring licence

      4. 136. Transmission licences

      5. 137. New standard conditions for transmission licences

      6. 138. Conversion of existing transmission licences

      7. 139. Grant of transmission licences

      8. 140. Duties to provide information etc. to Secretary of State

      9. 141. Property arrangements schemes

      10. 142. Interpretation of Chapter 1 of Part 3

      11. 143. Amendments consequential on Chapter 1 of Part 3

      12. 144. Transition

   2. Chapter 2 Interconnectors for electricity and gas

      1. Electricity interconnectors

         1. 145. Operators of electricity interconnectors to be licensed

         2. 146. Standard conditions for electricity interconnectors

         3. 147. Consequential amendments of the 1989 Act

         4. 148. Grant of electricity interconnector licences to existing operators

      2. Gas interconnectors

         1. 149. Operators of gas interconnectors to be licensed

         2. 150. Standard conditions for gas interconnectors

         3. 151. Disapplication of existing regimes

         4. 152. Grant of gas interconnector licences to existing operators

         5. 153. Extraterritorial application of Gas Act 1986

   3. Chapter 3 Special administration regime for energy licensees

      1. Energy administration orders

         1. 154. Energy administration orders

         2. 155. Objective of an energy administration

         3. 156. Applications for energy administration orders

         4. 157. Powers of court

         5. 158. Energy administrators

         6. 159. Conduct of administration, transfer schemes etc.

      2. Restrictions on other insolvency procedures

         1. 160. Restrictions on winding-up orders

         2. 161. Restrictions on voluntary winding up

         3. 162. Restrictions on making of ordinary administration orders

         4. 163. Restrictions on administrator appointments by creditors etc.

         5. 164. Restrictions on enforcement of security

      3. Financial support for companies in administration

         1. 165. Grants and loans

         2. 166. Indemnities

         3. 167. Guarantees where energy administration order is made

      4. Licence modifications relating to energy administration

         1. 168. Modifications of particular or standard conditions

         2. 169. Licence conditions to secure funding of energy administration

      5. Supplemental provision of Chapter 3 of Part 3

         1. 170. Modification of Chapter 3 of Part 3 under Enterprise Act 2002

         2. 171. Interpretation of Chapter 3 of Part 3

   4. Chapter 4 Further provisions about regulation

      1. Security of supply

         1. 172. Annual report on security of energy supplies

      2. Appeals from GEMA decisions

         1. 173. Appeals to the Competition Commission

         2. 174. Procedure on appeals

         3. 175. Determination of appeals

         4. 176. Specialist members of Competition Commission

      3. Funding of appeals and references

         1. 177. Modifications of standard conditions for funding appeals and references

      4. Best practice

         1. 178. Duty to have regard to best regulatory practice

      5. Meaning of electricity supply and high voltage lines

         1. 179. Meaning of electricity supply

         2. 180. Meaning of “high voltage line”

      6. Metering

         1. 181. Prepayment meters

      7. Inquiries under ss. 36 and 37 of the 1989 Act

         1. 182. Additional inspectors

      8. Confidential information

         1. 183. Exclusion of confidential information from registers

      9. Areas with high distribution or transmission costs

         1. 184. Assistance for areas with high distribution costs

         2. 185. Adjustment of transmission charges

         3. 186. Restrictions on disclosure of information

      10. Payments into Scottish Consolidated Fund

          1. 187. Payments of sums raised by fossil fuel levy

5. Part 4 Miscellaneous and Supplemental

   1. Imposition of charges

      1. 188. Power to impose charges to fund energy functions

   2. International agreements relating to pipelines and offshore installations

      1. 189. Power to modify Petroleum Act 1998

   3. Supplementary provision relating to functions of Secretary of State and GEMA

      1. 190. Application of general duties to Part 3 functions etc.

      2. 191. Supplementary provision about licence condition powers

   4. Supplemental

      1. 192. Powers exercisable by statutory instrument

      2. 193. Service of notifications and other documents

      3. 194. Notifications and documents in electronic form

      4. 195. Timing and location of things done electronically

      5. 196. General interpretation

      6. 197. Repeals etc.

      7. 198. Short title, commencement and extent

6. 1. Schedule 1

      The Nuclear Decommissioning Authority

      1. Part 1 Members and staff of NDA

      2. Part 2 Proceedings of NDA

      3. Part 3 Supplemental

   2. Schedule 2

      Procedural requirements applicable to NDA’s strategy

   3. Schedule 3

      Procedural requirements applicable to NDA’s annual plans

   4. Schedule 4

      Supplemental taxation provisions for exempt activities

   5. Schedule 5

      Supplementary provisions about nuclear transfer schemes

   6. Schedule 6

      Structure etc. of transferee companies

   7. Schedule 7

      Finances and accounts of transferee companies

   8. Schedule 8

      Pensions

      1. Part 1 Preliminary

      2. Part 2 Extensions of certain pension schemes

      3. Part 3 Public sector transfers of UKAEA pension scheme members

      4. Part 4 Other transfers

      5. Part 5 UKAEA pensions for employees of designated BNFL companies

   9. Schedule 9

      Taxation provisions relating to nuclear transfer schemes

      1. Part 1 Transfers to the NDA or a subsidiary of the NDA

      2. Part 2 Transfers relating to BNFL or the UKAEA etc.

      3. Part 3 Transfers relating to relevant site licensees

      4. Part 4 Transfer of Nuclear Liabilities Investment Portfolio

      5. Part 5 Stamp duty etc.

      6. Part 6 Supplemental provisions of Schedule

   10. Schedule 10

       The Civil Nuclear Police Authority

       1. Part 1 Membership

       2. Part 2 Proceedings

       3. Part 3 Employees

       4. Part 4 Finances

       5. Part 5 Miscellaneous

   11. Schedule 11

       Removal and suspension of senior officers of Constabulary

   12. Schedule 12

       Planning and reports about Constabulary

       1. Part 1 Planning

       2. Part 2 Reports

   13. Schedule 13

       Directions by Secretary of State about Constabulary

   14. Schedule 14

       Minor amendments relating to Constabulary

   15. Schedule 15

       Amendments of 1993 Act

   16. Schedule 16

       Applications and proposals for notices under section 95

   17. Schedule 17

       Conversion of existing transmission licences: licensing scheme

   18. Schedule 18

       Property arrangements schemes

   19. Schedule 19

       Consequential amendments relating to Chapter 1 of Part 3

   20. Schedule 20

       Conduct of energy administration

       1. Part 1 Application of Schedule B1 to the 1986 Act

       2. Part 2 Modifications of Schedule B1

       3. Part 3 Further Schedule B1 modifications for unregistered companies

       4. Part 4 Other modifications

   21. Schedule 21

       Energy transfer schemes

   22. Schedule 22

       Procedure for appeals under section 173

   23. Schedule 23

       Repeals

       1. Part 1 Repealed provisions

       2. Part 2 Savings etc.