Energy Act 2013 Explanatory Notes

Section 156: Commencement

657.This section sets out the commencement dates for the provisions in the Act. Subsection (1) sets out the default position, which is that provisions are to come into force on a day appointed by Secretary of State in a commencement order. Where the default position applies the Secretary of State may appoint different days for different purposes and make transitional provisions and savings (see subsection (4)). But subsections (2) and (3) set out exceptions from the default position.

658.Subsection (2) provides that the following provisions will come into force two months after the Act receives Royal Assent:

  • Chapter 5 of Part 2 (conflicts of interest and contingency arrangements);

  • Chapter 6 of Part 2 (access to markets);

  • section 56 (transition to certificate purchase scheme);

  • Chapter 8 of Part 2 (emissions performance standard);

  • Part 5 (strategy and policy statement), other than section 138(1), (4) and (5) (consequential provision);

  • sections 139 to 142 (domestic tariffs: modifications of electricity supply licences);

  • section 143 (powers to alter activities requiring licences: activities related to supply contracts);

  • section 144 (consumer redress orders);

  • section 145 (fuel poverty);

  • section 146 (feed-in tariffs: increase in maximum capacity of plant);

  • section 147 (offshore transmission systems);

  • section 149 (fees in respect of decommissioning and clean-up of nuclear sites).

659.Subsection (3) provides that the following provisions come into force on the day the Act receives Royal Assent:

  • Part 1 (decarbonisation);

  • Chapter 1 of Part 2 (general considerations);

  • Chapter 2 of Part 2 (contracts for difference);

  • Chapter 3 of Part 2 (capacity market);

  • Chapter 4 of Part 2 (investment contracts);

  • section 55 (closure of support under the renewables obligation);

  • Chapter 9 of Part 2 (miscellaneous);

  • section 113 (subordinate legislation under Part 3);

  • section 114(1) (power to make transitional provisions in relation to Part 3);

  • section 115 (transfer of staff, etc, for the purposes of Part 3);

  • section 116(2) (power to make consequential amendments in relation to Part 3);

  • section 118 (review of Part 3);

  • section 151 (review of certain provisions of Part 6);

  • Part 7 (final).

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