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The Energy Act 2008 (Commencement No. 1 and Savings) Order 2009

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Provisions coming into force on 26th January 2009

2.  The following provisions of the Act come into force on 26th January 2009—

(a)in Part 2 (electricity from renewable sources)—

(i)section 38(2) (section 37: supplemental provision);

(ii)section 39 (existing savings relating to section 32 of the Electricity Act 1989);

(iii)section 40 (the Northern Ireland renewables obligation); and

(iv)sections 41 to 43 (feed-in tariffs for small-scale generation of electricity);

(b)in Part 3 (decommissioning of energy installations)—

(i)sections 72 to 74 (oil and gas installations); and

(ii)section 75 (wells);

(c)in Part 4 (provisions relating to oil and gas)—

(i)section 76 (transfers without the consent of the Secretary of State); and

(ii)section 77 (model clauses of petroleum licences) and Schedule 3 (petroleum licences: amendments to model clauses);

(d)in Part 5 (miscellaneous)—

(i)section 83 (duties of the Gas and Electricity Markets Authority);

(ii)section 87 (energy reports);

(iii)section 94 (power to amend licence conditions: gas);

(iv)section 97 (power to amend licence conditions: electricity);

(v)section 98 (connection offer expenses);

(vi)section 100 (renewable heat incentives); and

(vii)section 101 (security of sensitive nuclear information);

(e)in Part 6 (general)—

(i)section 103 (offences by bodies corporate etc);

(ii)for all remaining purposes, section 104 (subordinate legislation);

(iii)for all remaining purposes, section 105 (parliamentary control of subordinate legislation);

(iv)paragraphs 2, 4, 6, 9 to 14, 15(a) and 15(b), 16 and 21 of Schedule 5 (minor and consequential amendments) and section 107(1) so far as it relates to those paragraphs;

(v)section 107(2) and (3)(minor and consequential amendments);

(vi)section 108 and Schedule 6 (repeals) so far as they repeal—

(aa)section 4AA(5)(ba) of the Gas Act 1986(1);

(bb)section 3A(5)(ba) of the Electricity Act 1989(2);

(cc)in section 31(1) of the Petroleum Act 1998(3), “(d) or”;

(dd)in section 34(3) of the Petroleum Act 1998, “(d) or”;

(ee)in section 33(1) of the Utilities Act 2000(4) “or” at the end of paragraph (b);

(ff)in section 1 of the Sustainable Energy Act 2003(5), subsection (1A)(a), (b) and (c), and subsections (1B) and (1C);

(gg)section 81(3) of the Energy Act 2004(6);

(hh)in section 5 of the Climate Change and Sustainable Energy Act 2006(7), in subsection (2) “and as if” to the end;

(ii)section 18 of the Climate Change and Sustainable Energy Act 2006; and

(jj)section 22(b) of the Climate Change and Sustainable Energy Act 2006 and “and” immediately preceding it; and

(vii)section 109 (transitional provision etc).

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