Energy Act 2004
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The Energy Act 2004 (c. 20) is an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
concerned with
nuclear power Nuclear power is the use of nuclear reactions to produce electricity. Nuclear power can be obtained from nuclear fission, nuclear decay and nuclear fusion reactions. Presently, the vast majority of electricity from nuclear power is produced by ...
, renewable and sustainable energy and energy regulation. Royal assent was granted on 22 July 2004.


Part 1


Chapter 1


Section 10

Section 10(2)(b) was substituted by paragraph 5 of Schedule 6 to the Environmental Authorisations (Scotland) Regulations 2018 (SI 2018/219).


Section 29

Sections 29(1)(b) and (c) were substituted by section 99(2)(b) of the
Finance Act 2006 The Finance Act 2006 (c 25) is an Act of the Parliament of the United Kingdom prescribing changes to Excise Duties; Value Added Tax; Income Tax; Corporation Tax; and Capital Gains Tax. It enacts the 2006 Budget speech made by Chancellor of the E ...
. New sections 29(3) and (3A) were substituted for sections 29(3) and (4) by section 99(3) of the Finance Act 2006. Section 29(5A) was inserted by section 99(5) of the Finance Act 2006.


Section 30

Section 30(1)(b) was substituted by section 100(2)(a) of the Finance Act 2006. Section 30(1)(d) was inserted by section 100(2)(c) of the Finance Act 2006. Section 30(3) was substituted by section 100(3) of the Finance Act 2006.


Chapter 2


Section 44

Section 44(2)(d) was substituted by paragraph 436(b) of Schedule 1 to the
Corporation Tax Act 2010 The Corporation Tax Act 2010 (c.4) is an Act of the Parliament of the United Kingdom that received Royal Assent on 3 March 2010. It was first presented (first reading) in the House of Commons on 19 November 2009 and received its third reading o ...
. Section 44(2)(f) was substituted by paragraph 436(d) of Schedule 1 to the Corporation Tax Act 2010.


Chapter 3


Section 55

Section 55(5) was inserted by paragraph 11 of Schedule 7 to the
Policing and Crime Act 2009 The Policing and Crime Act 2009 (c. 26) is an Acts of Parliament in the United Kingdom, act of the Parliament of the United Kingdom. The Act makes provision about police reform, prostitution, sex offenders, sex establishments and certain other p ...
.


Section 56A

This section was inserted by paragraph 3 of Schedule 2 to the Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (SI 2018/46).


Section 57

This section was repealed by section 115(2) of, and Part 4 of Schedule 10 to, the
Protection of Freedoms Act 2012 The Protection of Freedoms Act 2012 is an Act of the Parliament of the United Kingdom. As the Protection of Freedoms Bill, it was introduced in February 2011, by the Home Secretary, Theresa May. The bill was sponsored by the Home Office. On Tuesd ...
.


Section 59

Paragraph (aa) of the definition of "chief officer" in section 59(3) was inserted by paragraph 44(2)(a)(ii) of Schedule 2 to the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (SI 2013/602). Paragraphs (c) and (d) of the definition of "chief officer" in section 59(3) were repealed by Part 2 of Schedule 17 to the
Serious Organised Crime and Police Act 2005 The Serious Organised Crime and Police Act 2005 (c. 15) (often abbreviated to SOCPA or SOCAP) is an Act of Parliament, Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significan ...
. Paragraph (aa) of the definition of "relevant force" in section 59(3) was inserted by paragraph 44(2)(b)(ii) of Schedule 2 to the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013. Paragraphs (c) and (d) of the definition of "relevant force" in section 59(3) were repealed by Part 2 of Schedule 17 to the Serious Organised Crime and Police Act 2005.


Section 59A

This section was inserted by paragraph 199 of Schedule 4 to the Serious Organised Crime and Police Act 2005.


Section 68

Sections 68(4), (5) and (6) were repealed by paragraph 44(6) of Schedule 2 to the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013.


Chapter 4

This Chapter consisted of sections 72 to 75. Sections 72 to 75 were repealed as to England and Wales by Schedule 28 to the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010/675), and as to Scotland by paragraph 1 of Schedule 7 to the Environmental Authorisations (Scotland) Regulations 2018 (SI 2018/219).


Chapter 5


Section 78

Section 78(1) was repealed by paragraph 30 of Schedule 12 to the
Energy Act 2013 The Energy Act 2013 is an Act of the Parliament of the United Kingdom, relating to the energy sector. It succeeded the Energy Act 2010. The Act focuses on setting decarbonisation targets for the UK, and reforming the electricity market. The ...
.


Part 2


Chapter 1


Section 81

Section 81(3) was repealed by section 108 of, and Schedule 6 to, the Energy Act 2008.


Chapter 2


Section 84

Section 84(4) was substituted by paragraph 4(2) of the
Marine and Coastal Access Act 2009 The Marine and Coastal Access Act 2009 (c. 23) is an act of the Parliament of the United Kingdom. It creates "a new system of marine management". Provisions Marine Management Organisation Section 1(1) creates the Marine Management Organi ...
.


Section 95

New sections 95(1A) to (1C) were substituted for section 95(1A) by section 62(3) of the
Scotland Act 2016 The Scotland Act 2016 (c. 11) is an act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998 and devolves further powers to Scotland. The legislation is based on recommendations given by the report of the Smi ...
. Section 95(1A)(b) was inserted by section 41(2)(d) of the
Wales Act 2017 The Wales Act 2017 (c. 7) is an Act of the Parliament of the United Kingdom. It sets out amendments to the Government of Wales Act 2006 and devolves further powers to Wales. The legislation is based on the proposals of the St David's Day Comma ...
. Sections 95(1D) and (1E) were inserted by section 41(3) of the Wales Act 2017. Section 95(4A) was inserted by section 62(5) of the Scotland Act 2016. Sections 95(4B) and (4C) were inserted by section 41(4) of the Wales Act 2017.


Section 96

Section 96(8)(b) was inserted by section 62(8)(b) of the Scotland Act 2016.


Section 99

Sections 99(4) and (5) were repealed as to Scotland by paragraph 3 of Schedule 4 to the Marine (Scotland) Act 2010.


Chapter 3


Section 105

Sections 105(1A) to (1C) were inserted by section 62(9) of the Scotland Act 2016. Section 105(9) was repealed by section 108 of, and Schedule 6 to, the Energy Act 2008.


Section 105A

This section was inserted by section 69(4) of the Energy Act 2008.


Section 107

Sections 107(5) to (7) were repealed by section 108 of, and Schedule 6 to, the Energy Act 2008.


Section 108

Section 108(3A) was inserted by section 69(5) of the Energy Act 2008.


Sections 110A and 110B

Sections 110A and 110B were inserted by section 70(1) of the Energy Act 2008.


Section 111

Section 111(7)(b) was inserted by section 62(13)(b) of the Scotland Act 2016.


Section 112

Section 112(7)(b) was inserted by section 62(14)(b) of the Scotland Act 2016.


Section 112A

Section 112A was inserted by section 71 of the Energy Act 2008.


Chapter 4


Section 116

This section was repealed by section 108 of, and Schedule 6 to, the Energy Act 2008.


Section 121

Section 121(3) was inserted by section 40(1)(c) of the Energy Act 2008.


Section 121A

This section was inserted by regulation 2 of the Origin of Renewables Electricity (Power of Gas and Electricity Markets Authority to act for Northern Ireland Authority for Utility Regulation) Regulations 2008 (SI 2008/1888).


Chapter 5


Sections 125 to 125C

New sections 125 to 125C were substituted for section 125 by paragraph 2 of Schedule 7 to the
Climate Change Act 2008 The Climate Change Act 2008 (c 27) is an Act of the Parliament of the United Kingdom. The Act makes it the duty of the Secretary of State to reduce net greenhouse gas emissions, toward avoiding dangerous climate change. The Act aims to enab ...
.


Section 126

Sections 126(5) to (8) were inserted by paragraph 3 of Schedule 7 to the Climate Change Act 2008.


Sections 128

New sections 128(6) to(10) were substituted for sections 128(6) and (7) by paragraph 4 of Schedule 7 to the Climate Change Act 2008.


Section 129

Section 126(7) was substituted by paragraph 5 of Schedule 7 to the Climate Change Act 2008.


Sections 131A to 131C

Sections 131A to 131C were inserted by paragraph 6 of Schedule 7 to the Climate Change Act 2008.


Section 132

Section 132(3) was substituted by regulation 3 of the Energy Act 2004 (Amendment) Regulations 2012 (SI 2012/2723). Section 132(3A) was inserted by regulation 4 of the Energy Act 2004 (Amendment) Regulations 2012.


Part 3


Chapter 1


Section 137

Section 137(3)(za) was inserted by regulation 50(3) of the
Electricity and Gas (Internal Markets) Regulations 2011 Electricity is the set of physical phenomena associated with the presence and motion of matter possessing an electric charge. Electricity is related to magnetism, both being part of the phenomenon of electromagnetism, as described by Maxwel ...
(SI 2011/2704). Section 137(3)(f) was inserted by section 65(3)(b) of the
Energy Act 2013 The Energy Act 2013 is an Act of the Parliament of the United Kingdom, relating to the energy sector. It succeeded the Energy Act 2010. The Act focuses on setting decarbonisation targets for the UK, and reforming the electricity market. The ...
.


Chapter 3


Section 155

Sections 155(8) to (10) were inserted by section 48(3) of the Energy Act 2013.


Section 166

Section 166(3A) was inserted by section 93(2) of the Energy Act 2011. Section 166(6A) and (6B) were inserted by section 93(3) of the Energy Act 2011.


Section 171

Section 171(8) was substituted by paragraph 220(6) of Schedule 1 to the Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (SI 2009/1941).


Chapter 4


Section 180

Section 180(2) was repealed by section 108 of, and Schedule 6 to, the Energy Act 2008.


Section 184

Section 184 creates a scheme to reduce the cost of electricity distribution in areas with high electricity distribution costs. The AAHEDC scheme specifically covers the north of Scotland, currently the only area which receives assistance. Part of the tariff covers
Shetland Shetland (until 1975 spelled Zetland), also called the Shetland Islands, is an archipelago in Scotland lying between Orkney, the Faroe Islands, and Norway, marking the northernmost region of the United Kingdom. The islands lie about to the ...
, and the remaining tariff covers the rest of the north of Scotland area.National Grid ESO
Charging Statement: Assistance for Areas with High Electricity Distribution Costs Scheme, effective from 1 April 2022
accessed 31 August 2022
Tariffs for the scheme are published by 15 July each year but they take effect retrospectively from the preceding 1 April.National Grid ESO
Assistance for Areas with High Electricity Distribution Costs (AAHEDC)
accessed 31 August 2022
The scheme is operated by National Grid Electricity System Operator (ESO), the national
transmission system operator File:Electricity grid simple- North America.svg, 380px, Simplified diagram of AC electricity grid from generation stations to consumers in North America rect 2 243 235 438 Power station rect 276 317 412 556 Transformer rect 412 121 781 400 Elect ...
, a subsidiary of
National Grid plc National Grid plc is a British multinational electricity and gas utility company headquartered in London, England. Its principal activities are in the United Kingdom, where it owns and operates electricity and natural gas transmission networks ...
. The tariff in 2022/23 is 0.040670p per kwh.


Part 4


Section 198 - Short title, commencement and extent

The following orders have been made under this section:
The Energy Act 2004 (Commencement No. 1) Order 2004
(S.I. 2004/1973 (C. 87))
The Energy Act 2004 (Commencement No. 2) Order 2004
(S.I. 2004/2184 (C. 95))
The Energy Act 2004 (Commencement No. 3) Order 2004
(S.I. 2004/2575 (C. 110))
The Energy Act 2004 (Commencement No. 4) Order 2005
(S.I. 2005/442 (C. 20))
The Energy Act 2004 (Commencement No. 5) Order 2005
(S.I. 2005/877 (C. 38))
The Energy Act 2004 (Commencement No. 6) Order 2005
(S.I. 2005/2965 (C. 127))
The Energy Act 2004 (Commencement No. 7) Order 2006
(S.I. 2006/1964 (C. 66))
The Energy Act 2004 (Commencement No. 8) Order 2007
(S.I. 2007/1091 (C. 47)
The Energy Act 2004 (Commencement No. 9) Order 2009
(S.I. 2009/1269 (C. 67))
The Energy Act 2004 (Commencement No. 10) Order 2010
(S.I. 2010/1889 (C. 98))


Schedule 14

Paragraph 11(b) repealed by Part 2 of Schedule 17 to the Serious Organised Crime and Police Act 2005.


Schedule 15

This Schedule was repealed as to England and Wales by Schedule 28 to the Environmental Permitting (England and Wales) Regulations 2010. Paragraphs 1 to 8 and 10 to 12 were repealed as to Scotland by paragraph 1 of Schedule 7 to the Environmental Authorisations (Scotland) Regulations 2018.


Schedule 16

Paragraph 9(b) was inserted by section 62(19)(b) of the Scotland Act 2016.


References


Sources

*"Energy Act 2004". Halsbury's Statutes of England and Wales. Fourth Edition. 2007 Reissue
Volume 33(2)
Page 618. *"Energy Act 2004". Current Law Statutes 2004. Sweet & Maxwell. London. W Green. Edinburgh. 2005
Volume 1
Chapter 20.


External links


The Energy Act 2004
as amended from the
National Archives National archives are the archives of a country. The concept evolved in various nations at the dawn of modernity based on the impact of nationalism upon bureaucratic processes of paperwork retention. Conceptual development From the Middle Ages i ...
.
The Energy Act 2004
as originally enacted from the
National Archives National archives are the archives of a country. The concept evolved in various nations at the dawn of modernity based on the impact of nationalism upon bureaucratic processes of paperwork retention. Conceptual development From the Middle Ages i ...
.
Explanatory notes
to the Energy Act 2004. {{UK legislation United Kingdom Acts of Parliament 2004 Energy law