2004 No. 2575 (C.110)
ATOMIC ENERGY AND RADIOACTIVE SUBSTANCES
ELECTRICITY
GAS
PETROLEUM

The Energy Act 2004 (Commencement No. 3) Order 2004

Made
The Secretary of State, in exercise of the powers conferred upon her by section 198(2) of the Energy Act 20041, hereby makes the following Order:

Citation and interpretation1.

(1)

This Order may be cited as the Energy Act 2004 (Commencement No. 3) Order 2004.

(2)

In this Order, “the Act” means the Energy Act 2004.

Commencement2.

(1)

The provisions of the Act specified in Schedule 1 shall come into force on 5th October 2004.

(2)

The provisions of the Act specified in Schedule 2 shall come into force on 1st December 2004.

Mike O'Brien,
Minister of State for Energy and E-Commerce,,
Department of Trade and Industry

SCHEDULE 1PROVISIONS COMING INTO FORCE ON 5TH OCTOBER 2004

Article 2(1)

Provisions

Subject Matter of Provisions

Section 5(2) to (9)

Supplemental provisions of designating directions

Sections 7 and 8

Other functions of Nuclear Decommissioning Authority

Section 14

Annual Reports

Sections 15 to 20

Implementation of strategies and plans

Section 21, and sections 23 to 30

Financial provisions

Sections 31 and 32

Nuclear Decommissioning Funding Account

Sections 33 to 35

Supplementary provisions of Chapter 1 of Part 1

Sections 36 and 37 in so far as they are not already in force

Supplementary provisions of Chapter 1 of Part 1

Sections 38 to 50

Transfers relating to nuclear undertakings

Sections 76 to 80

Miscellaneous provisions relating to nuclear industry

Section 81

Reports under section 1 of the Sustainable Energy Act 20032

Section 82

Microgeneration

Section 83

Sustainable development

Sections 84 to 88

Renewable Energy Zones

Section 94

Application of regulations under Electricity Act 19893 offshore

Section 101

Application of civil aviation regulations to renewable energy installations

Section 102(1) and (4)

Amendments of Electricity Act 1989 consequential on Chapter 2 of Part 2

Section 103(2) and (4)

Other amendments consequential on Chapter 2 of Part 2

Section 104

Interpretation of Chapter 2 of Part 2

Sections 115 to 123

Renewables obligations relating to electricity

Sections 124 to 132

Renewable transport fuel obligations

Sections 154 to 171

Special administration regime for energy licensees

Sections 172 to 176

Further provisions about regulation

Section 178

Best practice

Section 181

Prepayment meters

Section 183

Exclusion of confidential information from registers

Section 184

Assistance for areas with high distribution costs

Section 185

Adjustment of transmission charges

Section 186

Restrictions on disclosure of information

Section 187

Payments of funds raised by fossil fuel levy

Section 188

Power to impose charges to fund energy functions

Section 189

Power to modify Petroleum Act 19984

Sections 190 to 196 in so far as they are not already in force

Supplementary provisions relating to functions of the Secretary of State and the Gas and Electricity Markets Authority and supplemental powers

Section 197(1) to (7)

Section 197(9) and (10) in so far as they relate to the provisions in Schedule 23 to the Act brought into force by this Order (other than the provision in that Schedule mentioned in Schedule 2 to this Order)

Repeals etc

Schedule 4

Supplemental taxation provisions for exempt activities

Schedule 5

Supplementary provisions about nuclear transfer schemes

Schedule 6

Structure etc of transferee companies

Schedule 7

Finances and accounts of transferee companies

Schedule 8

Pensions

Schedule 9

Taxation provisions relating to nuclear transfer schemes

Schedule 20

Conduct of energy administration

Schedule 21

Energy transfer schemes

Schedule 22

Procedure for appeals under section 173

Part 1 of Schedule 23 in so far as it relates to the repeals mentioned in the table below

Repeals

Schedule 23 Part 2 – paragraph 2

Savings etc

Table

Reference

Short Title

Extent of Repeal

1954 c. 32

Atomic Energy Authority Act 1954

Section 2(2)(d).

In Schedule 1, paragraph 4.

1965 c. 57

Nuclear Installations Act 1965

Section 27(2), (3) and (6).

1971 c. 11

Atomic Energy Authority Act 1971

In section 4 –

  1. (a)

    subsections (1) and (3); and

  2. (b)

    in subsection (4) the words “subsection (1) or” and “the Nuclear Fuels Company, or between the Authority and”.

Section 11(1) to (3).

Section 20(4).

1977 c. 7

Nuclear Industry Finance Act 1977

In section 1(1), the words “or the Radiochemical Centre Limited (‘T.R.C.L.’)” and “concerned”.

In section 2(1), paragraph (b) and the word “and” immediately preceding it.

1981 c. 48

Atomic Energy (Miscellaneous Provisions) Act 1981

Section 1(6).

1984 c. 60

Police and Criminal Evidence Act 1984

In section 23, the word “and” at the end of the definition of “premises”.

1995 c. 37

Atomic Energy Authority Act 1995

Sections 1 to 10.

Sections 12 and 13.

Schedules 1 to 4.

SCHEDULE 2PROVISIONS COMING INTO FORCE ON 1ST DECEMBER 2004

Article 2(2)

Provisions

Subject Matter of Provisions

Section 145(1), (3) and (5) to (7)

Section 146(1) to (5) and (7)

Section 147(1) to (4) and (6) to (8)

Section 148

Section 149(1), (3), (5) to (9) and (11)

Section 150(1) to (5) and (7) to (10)

Section 152

Interconnectors for electricity and gas

Section 197(9) in so far as it relates to the provision in Part 1 of Schedule 23 to the Act mentioned below

Repeals etc

Part 1 of Schedule 23 in so far as it repeals part of section 6(1)(c) of the Electricity Act 1989

Repealed provisions

(This note is not part of the Order)

This Order brings into force provisions of the Energy Act 2004 as follows:

(a)

the provisions in Schedule 1 come into force on 5th October 2004, and

(b)

the provisions in Schedule 2 come into force on 1st December 2004.

The remaining provisions will be brought into force by subsequent orders.

(This note is not part of the Order)

These following provisions of the Act have been brought into force by commencement orders made before the date of this Order:

Provision

Date of Commencement

S.I.No.

Sections 1, 2, 10, 72, 73, 74, 75 and Schedules 1 and 15

27th July 2004

2004/1973 (C.87)

Sections 3, 4, 5(1), 6, 9, 13 and 22. Sections 36 and 37 (partially). Section 133 and 134. Section 135 (partially). Sections 137(1) to (4) and (7), 138, 140(2) to (4), 142 and 144. Sections 190 to 196 (partially) and Schedules 3 and 17

24th August 2004

2004/2184 (C.95)

Section 135 in so far as it was not already in force, and sections 136, 137(5) and (6), 141 and 143. Sections 197(8). Section 197(9) (partially). Schedules 18 and 19. Schedule 23 (partially)

1st September 2004

2004/2184 (C.95)