Energy Act 2008

Activities requiring a licence U.K.

2 Prohibition on unlicensed activities U.K.

(1) No person may carry on an activity within subsection (3) except in accordance with a licence.

(2) But subsection (1) is subject to [F1 sections 3 and 3A].

(3) The activities are—

(a) the use of a controlled place for the unloading of gas to an installation or pipeline;

(b) the use of a controlled place for the storage of gas;

(c) the conversion of any natural feature in a controlled place for the purpose of storing gas;

(d) the recovery of gas stored in a controlled place;

(e) the exploration of a controlled place with a view to, or in connection with, the carrying on of activities within paragraphs (a) to (d);

(f) the establishment or maintenance in a controlled place of an installation for the purposes of activities within this subsection.

(4) In this section—

• “controlled place” means a place in, under or over—

  (a)

  the territorial sea, or

  (b)

  waters in a Gas Importation and Storage Zone (within the meaning of section 1(5));

• “gas” means any combustible substance which is gaseous at a temperature of 15°C and a pressure of 101.325 kPa (1013.25 mb) and which consists wholly or mainly of—

  (a)

  methane,

  (b)

  ethane,

  (c)

  propane,

  (d)

  butane,

  (e)

  a substance designated for the purposes of this section by an order made by the Secretary of State, or

  (f)

  a mixture of two or more of the substances mentioned in paragraphs (a) to (e).

Textual Amendments

F1 Words in s. 2(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 14(2), 115(7); S.I. 2015/994, art. 6(d)

Commencement Information

I1 S. 2 in force at 13.11.2009 for specified purposes by S.I. 2009/2809, art. 2 (with arts. 3, 4)

3 Exception for activities carried on partly on land etc U.K.

(1) This Chapter does not apply in relation to—

(a) the use of a controlled place for the unloading of gas to an installation which is connected with land by a permanent structure providing access at all times and for all purposes;

(b) the conversion of a natural feature of which part is in a controlled place and part under land, if the operations necessary for the conversion take place wholly or mainly on, over or under land;

(c) the use of a place for the storage of gas, or the recovery of gas so stored, where—

(i) the gas was, or is to be, introduced into the store by means of a well on land, and

(ii) part of the place is a controlled place and part is under land;

(d) the establishment or maintenance of an installation for the purposes of activities falling within paragraph (a).

(2) In this section—

• “land” means—

  (a)

  land in England;

  (b)

  land in Wales;

  (c)

  land in Scotland landward of the low water mark;

• “well” includes a borehole.

Commencement Information

I2 S. 3 in force at 13.11.2009 for specified purposes by S.I. 2009/2809, art. 2 (with art. 4)

[F2 3A Exception for unloading to an installation in certain circumstances U.K.

The prohibition in section 2(1) does not apply to a person (“A”) who uses a controlled place for the unloading of gas to an installation if—

(a) the installation is maintained by another person (“B”) who has a licence in respect of the maintenance of the installation and the use of a controlled place for the unloading of gas to it, and

(b) B consents to the use by A of the controlled place for the unloading of gas to the installation.]

Textual Amendments

F2 S. 3A inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 14(1), 115(7); S.I. 2015/994, art. 6(d)