Energy Act 2011 Explanatory Notes

  • Explanatory Notes Table of contents
  1. Introduction

  2. Overview of the Structure of the Act

  3. Summary and Background

  4. Territorial Extent and Application

  5. Commentary on Sections

    1. Part 1: Energy Efficiency

      1. Chapter 1: Green Deal

        1. Introductory

          1. Section 1: Green Deal plans

          2. Section 2: Green deal plans: supplementary

          3. Section 3: Framework regulations

        2. Green Deal plan

          1. Section 4: Assessment of the property etc

          2. Section 5: Terms of plan etc

          3. Section 6: Consents and redress etc

          4. Section 7: Installation of improvements

          5. Section 8: Confirmation of plan

          6. Section 9: Confirmation of plan: supplementary provision for England and Wales

          7. Section 10: Confirmation of plan: supplementary provision for Scotland

          8. Section 11: Updating information produced under section 8

        3. Disclosure of green deal plan etc

          1. Section 12: Disclosure of Green Deal plan etc in connection with sale or letting out

          2. Section 13: Disclosure of Green Deal plan in connection with other transactions etc

          3. Section 14: Acknowledgement of Green Deal plan on sale or letting out

          4. Section 15: Acknowledgement of Green Deal plan in connection with other transactions etc

          5. Section 16: Sanctions for non-compliance with obligations under sections 12 to 15

        4. Modifying energy licences etc

          1. Section 17: Power to modify energy licences in connection with green deal payments

          2. Section 18: Power to modify energy supply licences to make provision as to default in green deal payments

          3. Section 19: Power to modify energy supply licences to require provision of information

          4. Section 20: Power to modify energy supply licences to make provision as to consumer protection

          5. Section 21: Powers under sections 17 to 20: consultation

          6. Section 22: Powers under section 17 to 20: supplementary

        5. Gas and electricity codes

          1. Section 23: Recovering green deal payments: gas suppliers

          2. Section 24: Recovering Green Deal payments: electricity suppliers

        6. Modifying consumer credit legislation

          1. Section 25: Exemption from Consumer Credit Act 1974 in relation to credit to business debtors

          2. Section 26:  Energy suppliers not to be treated as carrying on ancillary credit business

          3. Section 27: Duties to give debtors information and statements.

          4. Section 28: Exemption from requirement to give notice of sums in arrears

          5. Section 29: Early repayment of Green Deal finance

          6. Section 30:  Power to amend Consumer Credit Act 1974

        7. Delegation of functions

          1. Section 31: Delegation and conferring of functions

          2. Section 32: Exercise of scheme functions on behalf of the Secretary of State or a public body

          3. Section 33: Duty to report

        8. General

          1. Section 34: Power of Secretary of State to deal with special circumstances

          2. Section 35: Appeals

          3. Section 36: Funding for energy efficiency advice

          4. Section 37: Preparatory expenditure: framework regulations

          5. Section 38: Green deal installation apprenticeships

          6. Section 39: Parliamentary procedure in relation to code of practice

          7. Section 40: Regulations and orders

          8. Section 41: Crown application: Chapter 1

      2. Chapter 2: Private Rented Sector (England and Wales)

        1. Introductory

          1. Section 42: Meaning of ‘domestic PR property’ and ‘non-domestic PR property’: England and Wales

        2. Domestic energy efficiency regulations

          1. Section 43: Domestic energy efficiency regulations

          2. Section 44: Further provision about domestic energy efficiency regulations

          3. Section 45: Sanctions for the purposes of domestic energy efficiency regulations

        3. Tenants’ energy efficiency improvements regulations

          1. Section 46: Tenants’ energy efficiency improvements regulations

          2. Section 47: Further provision about tenants’ energy efficiency improvements regulations

          3. Section 48: Sanctions for the purposes of tenants’ energy efficiency improvements regulations

        4. Non-domestic energy efficiency improvements regulations

          1. Section 49: Non-domestic energy efficiency regulations

          2. Section 50: Further provision about non-domestic energy efficiency regulations

          3. Section 51: Sanctions for the purposes of non-domestic energy efficiency regulations

        5. General

          1. Section 52: Regulations and orders: Chapter 2

          2. Section 53:  Crown application: Chapter 2

      3. Chapter 3: Private Rented Sector: Scotland

      4. Chapter 4: Reducing Carbon Emissions and Home-Heating Costs

        1. Summary and Background

        2. Section 66: Promotion of reductions in carbon emissions: gas transporters and suppliers

        3. Section 67: Promotion of reductions in carbon emissions: electricity generators, distributors and suppliers

        4. Section 68: Promotion of reductions in home-heating costs: gas transporters and suppliers

        5. Section 69: Promotion of reductions in home-heating costs: electricity distributors and suppliers

        6. Section 70: Overall home-heating cost reduction targets

        7. Section 71: Power of Secretary of State to require  information: carbon emissions reduction targets and home-heating cost reduction targets

        8. Section 72: Minor and consequential amendments

      5. Chapter 5: Information about Energy Consumption, Efficiency and Tariffs

        1. Section 73: Smart meters

        2. Section 74: Access to register of energy performance certificates etc: England and Wales and Section 75: Access to register of energy performance certificates: Scotland

        3. Section 76: Power to modify energy supply licences: information about tariffs

        4. Section 77: Power to modify energy supply licences: procedure and supplemental

        5. Section 78: General duties of the Secretary of State

    2. Part 2: Security of Energy Supplies

      1. Chapter 1: Electricity Supply

        1. Section 79: Annual Report by Gas and Electricity Markets Authority on security of electricity supply

        2. Section 80: Annual report by Secretary of State on security of energy supplies

      2. Chapter 2: Gas Supply

        1. Section 81: Power of the Gas and Electricity Markets Authority to direct a modification of the Uniform Network Code

      3. Chapter 3: Upstream Petroleum Infrastructure

        1. Section 82: Acquisition of rights to use upstream petroleum infrastructure

        2. Section 83: Power of Secretary of State to give a notice under section 82(11) on own initiative

        3. Section 84:  Compulsory modification of upstream petroleum infrastructure

        4. Section 85: Variation of notices under sections 82 and 84

        5. Section 86: Publication of notices and variations

        6. Section 87: Powers of Secretary of State to require information

        7. Section 88: Enforcement

        8. Section 89: Minor, consequential and supplemental provision

        9. Section 90: Interpretation

        10. Section 91: Meaning of “associate” for the purposes of section 82

      4. Chapter 4: Downstream Gas Processing Facilities

        1. Section 92: Acquisition of rights to use gas processing facilities for downstream purposes

      5. Chapter 5: Special Administration

        1. Section 93: Amendment of section 166 of the Energy Act 2004

        2. Special administration under this Chapter

          1. Section 94: Energy supply company administration orders

          2. Section 95: Objectives of an energy supply company administration

          3. Section 96: Application of certain provisions of the Energy Act 2004 in relation to esc administration orders

          4. Section 97: Conduct of administration, transfer schemes etc

          5. Section 98: Modifications of particular or standard conditions

          6. Section 99: Licence conditions to secure funding of energy supply company administration

          7. Section 100: Modifications under the Enterprise Act 2002

          8. Section 101: Power to make further modifications of insolvency legislation

          9. Section 102:  Interpretation of Chapter 5

      6. Chapter 6: Continental Shelf

        1. Section 103: Revocation etc of designations under Continental Shelf Act 1964

    3. Part 3: Measures for Reducing Carbon Emissions

      1. Section 104: Offshore transmission and distribution of electricity: extension of time for licence modifications and property scheme applications

      2. Section 105: Regulation of security of nuclear construction sites

      3. Section 106: Agreement about modifying decommissioning programme

      4. Section 107: Abandonment: infrastructure converted for CCS demonstration projects

      5. Section 108: Carbon dioxide pipelines: powers of compulsory acquisition

      6. Section 109: Contribution to carbon budgeting under the Climate Change Act 2008

      7. Section 110: Energy efficiency aim

      8. Section 111: Adjustment of electricity transmission charges

      9. Section 112: Electricity from renewable sources: National Park authorities and Broads Authority

      10. Northern Ireland: renewable heat incentives

        1. Section 113: Renewable heat incentives in Northern Ireland

        2. Section 114: Power for Gas and Electricity Markets Authority to act on behalf of Northern Ireland authority in connection with scheme under section 113

    4. Part 4: Coal Authority

      1. Sections 115 and 116: Additional powers of the Coal Authority (England and Wales) and powers of the Coal Authority: Scotland

    5. Part 5: Miscellaneous and General

      1. Section 117: Amendment of section 137 of the Energy Act 2004

      2. Section 118: Amendment and repeal of measures relating to home energy efficiency

      3. Section 119: Consultation

      4. Section 120: Extent

      5. Commencement

        1. Section 121: Commencement

        2. Section 122: Short title

  6. Hansard

  7. ANNEX A:GLOSSARY

  • Explanatory Notes Table of contents

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