The Energy Act 2004 (Commencement No. 9) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 20th May 2009 section 92 of the Energy Act 2004 (“the Act”) and, on 19th June 2009, sections 90 and 91 of the Act.

Section 92 of the Act inserts section 6C into the Electricity Act 1989 (c.29). Section 6C makes provision relating to competitive tenders for offshore transmission licences. (Further provision in connection with such tenders is made in sections 6D and 6E of, and Schedule 2A to, the Electricity Act 1989. Sections 6D and 6E and Schedule 2A are inserted by section 44(1), (2) and (4) of the Energy Act 2008 (c.32), which is being commenced at the same time as section 92 of the Act, by the Energy Act 2008 (Commencement No. 3) Order 2009(1).)

Section 90 of the Act confers on the Secretary of State powers relating to the modification of licence conditions, industry codes and agreements for offshore transmission and distribution. Section 91 of the Act confers on the Secretary of State powers relating to the extension of transmission licences offshore.