- Latest available (Revised)
- Point in Time (18/12/2011)
- Original (As enacted)
Version Superseded: 26/12/2023
Point in time view as at 18/12/2011. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note 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.
There are currently no known outstanding effects for the Energy Act 2008, Section 30A.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The Secretary of State may by order designate an installation as an eligible CCS installation.
(2)But an order may not be made under subsection (1) in relation to—
(a)a carbon storage installation established or maintained under a licence granted by the Scottish Ministers, or
(b)any other installation established or maintained wholly or partly in Scotland.
(3)An order under subsection (1) ceases to have effect if the installation in relation to which it is made becomes an installation within subsection (2)(a).
(4)An eligible CCS installation qualifies for change of use relief if—
(a)the installation is or has been used as part of a CCS demonstration project, and
(b)the trigger event has occurred in relation to the installation at a time when the installation was so used (whether before or after it was designated under this section).
(5)The trigger event occurs—
(a)in relation to an installation used for the injection of captured carbon dioxide into a carbon storage facility as part of a CCS demonstration project, when captured carbon dioxide is first present at the installation, and
(b)in relation to an installation used as part of a CCS demonstration project for any other purpose, when captured carbon dioxide is first present at another installation used as mentioned in paragraph (a) as part of the same project.
(6)Where an eligible CCS installation qualifies for change of use relief—
(a)an abandonment programme notice must not be served on a person who is within section 30(1) of the 1998 Act only because one or more of subsections (7) to (9) applies in relation to the person (but this does not affect the validity of a notice served on any such person before the installation qualified for change of use relief), and
(b)a proposal must not be made under section 34(1)(b) of the 1998 Act if the effect of the proposal (if implemented) would be to impose an abandonment liability on a person who is within section 34(2)(a) of the 1998 Act only because one or more of subsections (7) to (10) applies in relation to the person.
(7)This subsection applies in relation to a person if—
(a)the person is within paragraph (b) of section 30(1) of the 1998 Act in relation to the installation only by virtue of the fact that the person had a right mentioned in section 30(5)(a) of that Act when an activity mentioned in section 30(6) of that Act was last carried on from, by means of or on the installation, and
(b)any such activity was last so carried on before the trigger event occurred in relation to the installation.
(8)This subsection applies in relation to a person if—
(a)the person is within paragraph (ba) of section 30(1) of the 1998 Act in relation to the installation, and
(b)the transfer mentioned in sub-paragraph (i) of that paragraph took place before the trigger event occurred in relation to the installation.
(9)This subsection applies in relation to a person if the person is within paragraph (e) of section 30(1) of the 1998 Act only by virtue of being associated with a body corporate which is within subsection (7) or (8).
(10)This subsection applies in relation to a person if the person has been within any of paragraphs (a), (b), (c), (d) or (e) of section 30(1) of the 1998 Act in relation to the installation, but only at a time—
(a)when the installation was an offshore installation (within the meaning given by section 44 of the 1998 Act), and
(b)before the trigger event occurred in relation to the installation.
(11)The power conferred by subsection (1) does not include a power to revoke an order made under that subsection.
(12)In this section—
“ abandonment liability ”, in relation to an installation, means a duty to secure that an abandonment programme for the installation is carried out;
“ abandonment programme ”, in relation to an installation, means a programme in respect of the installation approved, or having effect as if approved, by the Secretary of State under section 32 of the 1998 Act;
“ abandonment programme notice ” means a notice served under section 29(1) of the 1998 Act;
“ captured carbon dioxide ” means carbon dioxide that has been produced by, or in connection with, commercial electricity generation and captured with a view to its disposal by way of permanent storage;
“ carbon dioxide ”, “ CCS demonstration project ” and “ commercial electricity generation ” have the same meanings as in Part 1 of the Energy Act 2010 (see section 7 of that Act);
“ carbon storage facility ” has the same meaning as in section 20;
“ Scotland ” has the same meaning as in the Scotland Act 1998 (see section 126(1) of that Act).
(13)Section 30(8) to (9) of the 1998 Act (when one body corporate is associated with another) apply for the purposes of this section.]
Textual Amendments
F1S. 30A, 30B inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 107(2), 121(3)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: