Statutory Instruments
ATOMIC ENERGY AND RADIOACTIVE SUBSTANCES
ELECTRICITY
GAS
PETROLEUM
Made
30th September 2004
The Secretary of State, in exercise of the powers conferred upon her by section 198(2) of the Energy Act 2004(1), hereby makes the following Order:
1.—(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.
2.—(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
30th September 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 2003(2) |
| Section 82 | Microgeneration |
| Section 83 | Sustainable development |
| Sections 84 to 88 | Renewable Energy Zones |
| Section 94 | Application of regulations under Electricity Act 1989(3) 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 1998(4) |
| 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 |
| 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 – (a) subsections (1) and (3); and (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. |
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) |