Search Legislation

Energy Act 2011

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Energy Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Prospective

92Acquisition of rights to use gas processing facilities for downstream purposesE+W+S

This sectionnoteType=Explanatory Notes has no associated

(1)Section 12 of the Gas Act 1995 (acquisition of rights to use gas processing facilities) is amended as follows.

(2)In the heading at the end insert “ for downstream purposes ”.

(3)For “the Secretary of State” (in each place those words occur) substitute “ the Authority ”.

(4)In subsection (1)—

(a)in the words before paragraph (a), after “gas processing facility” insert “ which processes gas for a downstream purpose ”;

(b)in that paragraph for “on that person's behalf” substitute “ for such a purpose ”.

(5)After subsection (1) insert—

(1ZA)At least two months before publishing those conditions or any changes to them under subsection (1), the owner of the facility must—

(a)publish a draft of the proposed conditions or changes; and

(b)inform any person who has a right to have gas processed by the facility that the draft has been published.

(1ZB)The owner of the facility must take into account any representations received about the proposed conditions or changes before publishing them, or a modified version of them, as final conditions or changes under subsection (1).

(6)In subsection (1B) for “on his behalf” substitute “ for a downstream purpose ”.

(7)In subsection (1D)—

(a)omit the “and” immediately preceding paragraph (c);

(b)after paragraph (c) insert ; and

(d)that the gas is to be processed for a downstream purpose.

(8)In subsection (1G) for “he” substitute “ it ”.

(9)In subsection (2)(b) for “his” substitute “ its ”.

(10)For subsections (5) and (5A) substitute—

(5)Sections 28 to 30F of the 1986 Act (enforcement of relevant requirements etc) apply in relation to the owner of a gas processing facility as if—

(a)references to “a licence holder” were references to the owner of the facility; and

(b)references to a “relevant requirement” were references to a requirement imposed on the owner under this section.

(5A)For the purposes of this section, gas is processed for “a downstream purpose” if it is processed with a view to its being put into a gas storage facility, an LNG import or export facility, a gas interconnector or a distribution system pipeline.

(11)In subsection (6)—

(a)in the definition of “gas processing facility” for the words from “carries” to the end substitute

(a)carries out gas processing operations;

(b)is operated otherwise than by a gas transporter; and

(c)is not an LNG import or export facility;;

(b)insert, in the appropriate place, the following definitions—

  • authorised transporter” has the same meaning as in Part 1 of the 1986 Act;;

the Authority” means the Gas and Electricity Markets Authority;;

distribution system operator” has the meaning given by Article 2(6) of Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC;;

distribution system pipeline” means a pipeline operated by an authorised transporter who is a distribution system operator;;

gas interconnector” has the same meaning as in Part 1 of the 1986 Act;;

gas storage facility” means a facility in Great Britain (including the territorial sea adjacent to Great Britain and the sea in any area designated under section 1(7) of the Continental Shelf Act 1964) for either or both of the following—

(a)the storage in porous strata, or in cavities in strata, of gas which has been, or will be, conveyed in a pipeline system operated by the holder of a licence under section 7 or 7ZA of the 1986 Act;

(b)the storage of liquid gas which, if regasified, would be suitable for conveyance through pipes to premises in accordance with a licence under section 7 of the 1986 Act;

but the reference in paragraph (b) to the storage of liquid gas does not include such temporary storage as is mentioned in the definition of “LNG import or export facility”;;

LNG import or export facility” means a facility in Great Britain (including the territorial sea adjacent to Great Britain and the sea in any area designated under section 1(7) of the Continental Shelf Act 1964) for—

(a)the importation into Great Britain and regasification of liquid gas prior to its conveyance to a pipeline system operated by the holder of a licence under section 7 or section 7ZA of the 1986 Act, or the liquefaction of gas for the purpose of its export from Great Britain; and

(b)any activity, including temporary storage of gas or liquid gas, which is necessary for that importation, regasification or liquefaction;;

storage”, in relation to liquid gas in a gas storage facility, includes any liquefaction of gas or regasification of liquid gas ancillary to the storage of liquid gas, and “stored”, in relation to liquid gas in a gas storage facility, shall be construed accordingly;.

(12)For subsection (7) substitute—

(7)Section 91 of the Energy Act 2011 (meaning of “associate”) applies for the purposes of subsection (3) of this section as it applies for the purposes of section 82(7)(d) and (9)(a) of that Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources