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