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Energy Act 2011

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Energy Act 2011. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Overview of the Structure of the Act

  3. Summary and Background

  4. Territorial Extent and Application

  5. Commentary on Sections

    1. Part 1: Energy Efficiency

      1. Chapter 1: Green Deal

        1. Introductory

          1. Section 1: Green Deal plans

          2. Section 2: Green deal plans: supplementary

          3. Section 3: Framework regulations

        2. Green Deal plan

          1. Section 4: Assessment of the property etc

          2. Section 5: Terms of plan etc

          3. Section 6: Consents and redress etc

          4. Section 7: Installation of improvements

          5. Section 8: Confirmation of plan

          6. Section 9: Confirmation of plan: supplementary provision for England and Wales

          7. Section 10: Confirmation of plan: supplementary provision for Scotland

          8. Section 11: Updating information produced under section 8

        3. Disclosure of green deal plan etc

          1. Section 12: Disclosure of Green Deal plan etc in connection with sale or letting out

          2. Section 13: Disclosure of Green Deal plan in connection with other transactions etc

          3. Section 14: Acknowledgement of Green Deal plan on sale or letting out

          4. Section 15: Acknowledgement of Green Deal plan in connection with other transactions etc

          5. Section 16: Sanctions for non-compliance with obligations under sections 12 to 15

        4. Modifying energy licences etc

          1. Section 17: Power to modify energy licences in connection with green deal payments

          2. Section 18: Power to modify energy supply licences to make provision as to default in green deal payments

          3. Section 19: Power to modify energy supply licences to require provision of information

          4. Section 20: Power to modify energy supply licences to make provision as to consumer protection

          5. Section 21: Powers under sections 17 to 20: consultation

          6. Section 22: Powers under section 17 to 20: supplementary

        5. Gas and electricity codes

          1. Section 23: Recovering green deal payments: gas suppliers

          2. Section 24: Recovering Green Deal payments: electricity suppliers

        6. Modifying consumer credit legislation

          1. Section 25: Exemption from Consumer Credit Act 1974 in relation to credit to business debtors

          2. Section 26:  Energy suppliers not to be treated as carrying on ancillary credit business

          3. Section 27: Duties to give debtors information and statements.

          4. Section 28: Exemption from requirement to give notice of sums in arrears

          5. Section 29: Early repayment of Green Deal finance

          6. Section 30:  Power to amend Consumer Credit Act 1974

        7. Delegation of functions

          1. Section 31: Delegation and conferring of functions

          2. Section 32: Exercise of scheme functions on behalf of the Secretary of State or a public body

          3. Section 33: Duty to report

        8. General

          1. Section 34: Power of Secretary of State to deal with special circumstances

          2. Section 35: Appeals

          3. Section 36: Funding for energy efficiency advice

          4. Section 37: Preparatory expenditure: framework regulations

          5. Section 38: Green deal installation apprenticeships

          6. Section 39: Parliamentary procedure in relation to code of practice

          7. Section 40: Regulations and orders

          8. Section 41: Crown application: Chapter 1

      2. Chapter 2: Private Rented Sector (England and Wales)

        1. Introductory

          1. Section 42: Meaning of ‘domestic PR property’ and ‘non-domestic PR property’: England and Wales

        2. Domestic energy efficiency regulations

          1. Section 43: Domestic energy efficiency regulations

          2. Section 44: Further provision about domestic energy efficiency regulations

          3. Section 45: Sanctions for the purposes of domestic energy efficiency regulations

        3. Tenants’ energy efficiency improvements regulations

          1. Section 46: Tenants’ energy efficiency improvements regulations

          2. Section 47: Further provision about tenants’ energy efficiency improvements regulations

          3. Section 48: Sanctions for the purposes of tenants’ energy efficiency improvements regulations

        4. Non-domestic energy efficiency improvements regulations

          1. Section 49: Non-domestic energy efficiency regulations

          2. Section 50: Further provision about non-domestic energy efficiency regulations

          3. Section 51: Sanctions for the purposes of non-domestic energy efficiency regulations

        5. General

          1. Section 52: Regulations and orders: Chapter 2

          2. Section 53:  Crown application: Chapter 2

      3. Chapter 3: Private Rented Sector: Scotland

      4. Chapter 4: Reducing Carbon Emissions and Home-Heating Costs

        1. Summary and Background

        2. Section 66: Promotion of reductions in carbon emissions: gas transporters and suppliers

        3. Section 67: Promotion of reductions in carbon emissions: electricity generators, distributors and suppliers

        4. Section 68: Promotion of reductions in home-heating costs: gas transporters and suppliers

        5. Section 69: Promotion of reductions in home-heating costs: electricity distributors and suppliers

        6. Section 70: Overall home-heating cost reduction targets

        7. Section 71: Power of Secretary of State to require  information: carbon emissions reduction targets and home-heating cost reduction targets

        8. Section 72: Minor and consequential amendments

      5. Chapter 5: Information about Energy Consumption, Efficiency and Tariffs

        1. Section 73: Smart meters

        2. Section 74: Access to register of energy performance certificates etc: England and Wales and Section 75: Access to register of energy performance certificates: Scotland

        3. Section 76: Power to modify energy supply licences: information about tariffs

        4. Section 77: Power to modify energy supply licences: procedure and supplemental

        5. Section 78: General duties of the Secretary of State

    2. Part 2: Security of Energy Supplies

      1. Chapter 1: Electricity Supply

        1. Section 79: Annual Report by Gas and Electricity Markets Authority on security of electricity supply

        2. Section 80: Annual report by Secretary of State on security of energy supplies

      2. Chapter 2: Gas Supply

        1. Section 81: Power of the Gas and Electricity Markets Authority to direct a modification of the Uniform Network Code

      3. Chapter 3: Upstream Petroleum Infrastructure

        1. Section 82: Acquisition of rights to use upstream petroleum infrastructure

        2. Section 83: Power of Secretary of State to give a notice under section 82(11) on own initiative

        3. Section 84:  Compulsory modification of upstream petroleum infrastructure

        4. Section 85: Variation of notices under sections 82 and 84

        5. Section 86: Publication of notices and variations

        6. Section 87: Powers of Secretary of State to require information

        7. Section 88: Enforcement

        8. Section 89: Minor, consequential and supplemental provision

        9. Section 90: Interpretation

        10. Section 91: Meaning of “associate” for the purposes of section 82

      4. Chapter 4: Downstream Gas Processing Facilities

        1. Section 92: Acquisition of rights to use gas processing facilities for downstream purposes

      5. Chapter 5: Special Administration

        1. Section 93: Amendment of section 166 of the Energy Act 2004

        2. Special administration under this Chapter

          1. Section 94: Energy supply company administration orders

          2. Section 95: Objectives of an energy supply company administration

          3. Section 96: Application of certain provisions of the Energy Act 2004 in relation to esc administration orders

          4. Section 97: Conduct of administration, transfer schemes etc

          5. Section 98: Modifications of particular or standard conditions

          6. Section 99: Licence conditions to secure funding of energy supply company administration

          7. Section 100: Modifications under the Enterprise Act 2002

          8. Section 101: Power to make further modifications of insolvency legislation

          9. Section 102:  Interpretation of Chapter 5

      6. Chapter 6: Continental Shelf

        1. Section 103: Revocation etc of designations under Continental Shelf Act 1964

    3. Part 3: Measures for Reducing Carbon Emissions

      1. Section 104: Offshore transmission and distribution of electricity: extension of time for licence modifications and property scheme applications

      2. Section 105: Regulation of security of nuclear construction sites

      3. Section 106: Agreement about modifying decommissioning programme

      4. Section 107: Abandonment: infrastructure converted for CCS demonstration projects

      5. Section 108: Carbon dioxide pipelines: powers of compulsory acquisition

      6. Section 109: Contribution to carbon budgeting under the Climate Change Act 2008

      7. Section 110: Energy efficiency aim

      8. Section 111: Adjustment of electricity transmission charges

      9. Section 112: Electricity from renewable sources: National Park authorities and Broads Authority

      10. Northern Ireland: renewable heat incentives

        1. Section 113: Renewable heat incentives in Northern Ireland

        2. Section 114: Power for Gas and Electricity Markets Authority to act on behalf of Northern Ireland authority in connection with scheme under section 113

    4. Part 4: Coal Authority

      1. Sections 115 and 116: Additional powers of the Coal Authority (England and Wales) and powers of the Coal Authority: Scotland

    5. Part 5: Miscellaneous and General

      1. Section 117: Amendment of section 137 of the Energy Act 2004

      2. Section 118: Amendment and repeal of measures relating to home energy efficiency

      3. Section 119: Consultation

      4. Section 120: Extent

      5. Commencement

        1. Section 121: Commencement

        2. Section 122: Short title

  6. Hansard

  7. ANNEX A:GLOSSARY

  • Explanatory Notes Table of contents

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Explanatory Notes

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