2004 No. 2575 (C.110)

ATOMIC ENERGY AND RADIOACTIVE SUBSTANCES

ELECTRICITY

GAS

PETROLEUM

The Energy Act 2004 (Commencement No. 3) Order 2004
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 , hereby makes the following Order:

Citation and interpretation
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.

Commencement
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
SCHEDULE 1

PROVISIONS 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 2003
Section 82 | Microgeneration
Section 83 | Sustainable development
Sections 84 to 88 | Renewable Energy Zones
Section 94 | Application of regulations under Electricity Act 1989 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
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. subsections (1) and (3); and 2. 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 2

PROVISIONS 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)
2004 c. 20.
2003 c. 30.
1989 c. 29.
1998 c. 17.