Explanatory Notes

Energy Act 2010

2010 CHAPTER 27

8 April 2010

Part 1: Carbon Capture and Storage and Decarbonisation

Commentary on Sections

Financial Assistance
Section 3: Regulations relating to assistance schemes

25.This section gives the Secretary of State the power to make regulations regarding assistance schemes. These regulations may make provision about any of the matters specified in section 2(2) (see paragraph 22 above), including provision to impose civil penalties for non-compliance with assistance schemes (which can only be made in regulations). Regulations may not apply to an existing assistance scheme without the consent of all participants (subsection (3)). Before making regulations, subsection (4) places a requirement on the Secretary of State to consult the administrator of the scheme, the Scottish Ministers and any other person that the Secretary of State thinks appropriate. This consultation may occur before or after commencement of this power.