Energy Act 2008

Section 107

SCHEDULE 5 Minor and consequential amendments

Pipe-lines Act 1962 (c. 58)

1 In section 54 of the Pipe-lines Act 1962 (offences by corporations), in subsection (1) after “any of the provisions of this Act” insert “(other than section 10H)”.

Gas Act 1986 (c. 44)

2 In section 64(2) of the Gas Act 1986 (orders) after “41C” insert “, 41HA,”.

Electricity Act 1989 (c. 29)

3 In section 25 of the Electricity Act 1989 (orders for securing compliance), in subsection (8), in the definition of “relevant requirement” for “sections 32 to 32C” substitute “sections 32 to 32M”.

4 In section 47 of that Act (general functions of the Authority)—

(a) in subsection (1A) after “microgeneration” insert “or small-scale low-carbon generation”, and

(b) for subsection (1B) substitute—

“(1B) In subsection (1A)—

• “microgeneration” has the same meaning as in the Climate Change and Sustainable Energy Act 2006;

• “small-scale low-carbon generation” has the same meaning as in section 41 of the Energy Act 2008.”

5 In section 106 of that Act (regulations and orders), after subsection (1) insert—

“(1A) Any power of the Scottish Ministers to make orders under section 32 is exercisable by statutory instrument.”

6 In section 106(2)(b) of that Act (regulations and orders) for “or 56A” substitute “, 56A or 56FA”.

Petroleum Act 1998 (c. 17)

7 The Petroleum Act 1998 is amended as follows.

8 In section 5(9) (alteration of licences) for “an instrument under seal” substitute “deed”.

9 In section 31(1) (notices: supplementary provision) omit “(d) or”.

10 In section 34 (revision of programmes)—

(a) in subsection (2)(a), after “(b)” insert “(ba),”, and

(b) in subsection (3) omit “(d) or”.

11 In section 45 (interpretation), in the definition of “submarine pipeline” after “which is” insert “, or is intended to be established,”.

Utilities Act 2000 (c. 27)

12 The Utilities Act 2000 is amended as follows.

13 In section 33 (standard conditions of electricity licences), in subsection (1)—

(a) after paragraph (b) omit “, or”, and

(b) after paragraph (c) insert “, or

(d) under section 41, 84, 88 or 97 of the Energy Act 2008 (power to amend licence conditions).”

14 In section 81 (standard conditions of gas licences), in subsection (2) for “or under the Energy Act 2004” substitute “, under the Energy Act 2004 or under section 88 or 94 of the Energy Act 2008 (power to amend licence conditions)”.

15 In section 105 (general restrictions on disclosure of information)—

(a) in subsection (1)(a), omit the words from “or section 184(5)” to the end and insert “, section 184(5) or 185(5) of the Energy Act 2004 or section 41 or 100 of the Energy Act 2008;”,

(b) in subsection (3)(a), after “2004” insert “sections 41 to 43 or section 100 of the Energy Act 2008”, and

(c) in subsection (8)(a) after “section” (in the second place) insert “32J or”.

Energy Act 2004 (c. 20)

16 The Energy Act 2004 is amended as follows.

17 Omit section 105(9) (power to require provision of information in connection with decommissioning programme).

18 Omit section 107(5) to (7) (power to require provision of information in connection with decommissioning programme).

19 In section 132 (interpretation of Chapter 5 of Part 2), in subsection (4), in the definition of “fossil fuel” for “section 32” substitute “section 32M”.

20 In section 185 (adjustment of transmission charges), in subsection (14), in the definition of “renewable sources” for “evidence” to the end substitute “renewables obligation certificates (within the meaning of section 32B of that Act) in respect of electricity generated from those sources is capable of satisfying a renewables obligation imposed by a renewables obligation order (within the meaning of section 32 of that Act);”.

21 In Schedule 13 (directions given to the Civil Nuclear Police Authority), in paragraph 2(1)(h) for “officers of the Secretary of State’s department” substitute “persons authorised by the Secretary of State”.