Energy Act 2004

United Kingdom legislation

The Energy Act 2004[1]

Parliament of the United Kingdom

Long title| An Act to make provision for the decommissioning and cleaning up of installations and sites used for, or contaminated by, nuclear activities; to make provision relating to the civil nuclear industry; to make provision about radioactive waste; to make provision for the development, regulation and encouragement of the use of renewable energy sources; to make further provision in connection with the regulation of the gas and electricity industries; to make provision for the imposition of charges in connection with the carrying out of the Secretary of State’s functions relating to energy matters; to make provision for giving effect to international agreements relating to pipelines and offshore installations; and for connected purposes.
Citation| 2004 c 20
Dates
Royal assent| 22 July 2004

Status: Amended

Text of statute as originally enacted
Revised text of statute as amended

The Energy Act 2004 (c 20) is an Act of the Parliament of the United Kingdom concerned with nuclear power, renewable and sustainable energy and energy regulation. Royal assent was granted on 22 July 2004.[2]

## Contents

* 1 Part 1
* 1.1 Chapter 1
* 1.1.1 Section 10
* 1.1.2 Section 29
* 1.1.3 Section 30
* 1.2 Chapter 2
* 1.2.1 Section 44
* 1.3 Chapter 3
* 1.3.1 Section 55
* 1.3.2 Section 56A
* 1.3.3 Section 57
* 1.3.4 Section 59
* 1.3.5 Section 59A
* 1.3.6 Section 68
* 1.4 Chapter 4
* 1.5 Chapter 5
* 1.5.1 Section 78
* 2 Part 2
* 2.1 Chapter 1
* 2.1.1 Section 81
* 2.2 Chapter 2
* 2.2.1 Section 84
* 2.2.2 Section 95
* 2.2.3 Section 96
* 2.2.4 Section 99
* 2.3 Chapter 3
* 2.3.1 Section 105
* 2.3.2 Section 105A
* 2.3.3 Section 107
* 2.3.4 Section 108
* 2.3.5 Sections 110A and 110B
* 2.3.6 Section 111
* 2.3.7 Section 112
* 2.3.8 Section 112A
* 2.4 Chapter 4
* 2.4.1 Section 116
* 2.4.2 Section 121
* 2.4.3 Section 121A
* 2.5 Chapter 5
* 2.5.1 Sections 125 to 125C
* 2.5.2 Section 126
* 2.5.3 Sections 128
* 2.5.4 Section 129
* 2.5.5 Sections 131A to 131C
* 2.5.6 Section 132
* 3 Part 3
* 3.1 Chapter 1
* 3.1.1 Section 137
* 3.2 Chapter 3
* 3.2.1 Section 155
* 3.2.2 Section 166
* 3.2.3 Section 171
* 3.3 Chapter 4
* 3.3.1 Section 180
* 3.3.2 Section 184
* 4 Part 4
* 4.1 Section 198 - Short title, commencement and extent
* 5 Schedule 14
* 6 Schedule 15
* 7 Schedule 16
* 8 References
* 9 Sources
* 10 External links

## Part 1[edit]

### Chapter 1[edit]

#### Section 10[edit]

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

#### Section 29[edit]

Sections 29(1)(b) and (c) were substituted by section 99(2)(b) of the Finance Act 2006. 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[edit]

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[edit]

#### Section 44[edit]

Section 44(2)(d) was substituted by paragraph 436(b) of Schedule 1 to the Corporation Tax Act 2010. Section 44(2)(f) was substituted by paragraph 436(d) of Schedule 1 to the Corporation Tax Act 2010.

### Chapter 3[edit]

#### Section 55[edit]

Section 55(5) was inserted by paragraph 11 of Schedule 7 to the Policing and Crime Act 2009.

#### Section 56A[edit]

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[edit]

This section was repealed by section 115(2) of, and Part 4 of Schedule 10 to, the Protection of Freedoms Act 2012.

#### Section 59[edit]

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.

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[edit]

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

#### Section 68[edit]

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[edit]

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[edit]

#### Section 78[edit]

Section 78(1) was repealed by paragraph 30 of Schedule 12 to the Energy Act 2013.

## Part 2[edit]

### Chapter 1[edit]

#### Section 81[edit]

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

### Chapter 2[edit]

#### Section 84[edit]

Section 84(4) was substituted by paragraph 4(2) of the Marine and Coastal Access Act 2009.

#### Section 95[edit]

New sections 95(1A) to (1C) were substituted for section 95(1A) by section 62(3) of the Scotland Act 2016. Section 95(1A)(b) was inserted by section 41(2)(d) of the Wales Act 2017. 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[edit]

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

#### Section 99[edit]

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

### Chapter 3[edit]

#### Section 105[edit]

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[edit]

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

#### Section 107[edit]

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

#### Section 108[edit]

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

#### Sections 110A and 110B[edit]

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

#### Section 111[edit]

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

#### Section 112[edit]

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

#### Section 112A[edit]

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

### Chapter 4[edit]

#### Section 116[edit]

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

#### Section 121[edit]

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

#### Section 121A[edit]

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[edit]

#### Sections 125 to 125C[edit]

New sections 125 to 125C were substituted for section 125 by paragraph 2 of Schedule 7 to the Climate Change Act 2008.

#### Section 126[edit]

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

#### Sections 128[edit]

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[edit]

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

#### Sections 131A to 131C[edit]

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

#### Section 132[edit]

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[edit]

### Chapter 1[edit]

#### Section 137[edit]

Section 137(3)(za) was inserted by regulation 50(3) of the Electricity and Gas (Internal Markets) Regulations 2011 (SI 2011/2704). Section 137(3)(f) was inserted by section 65(3)(b) of the Energy Act 2013.

### Chapter 3[edit]

#### Section 155[edit]

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

#### Section 166[edit]

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[edit]

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[edit]

#### Section 180[edit]

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

#### Section 184[edit]

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, and the remaining tariff covers the rest of the north of Scotland area.[3] Tariffs for the scheme are published by 15 July each year but they take effect retrospectively from the preceding 1 April.[4] The scheme is operated by National Grid Electricity System Operator (ESO), the national transmission system operator, a subsidiary of National Grid plc. The tariff in 2022/23 is 0.040670p per kwh.[3]

## Part 4[edit]

### Section 198 - Short title, commencement and extent[edit]

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[edit]

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

## Schedule 15[edit]

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[edit]

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

## References[edit]

1. ^ The citation of this Act by this short title is authorised by section 198(1) of this Act.
2. ^ Energy Act 2004: Introductory Text
3. ^ a b National Grid ESO, Charging Statement: Assistance for Areas with High Electricity Distribution Costs Scheme, effective from 1 April 2022, accessed 31 August 2022
4. ^ National Grid ESO, Assistance for Areas with High Electricity Distribution Costs (AAHEDC), accessed 31 August 2022

## Sources[edit]

* "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[edit]

* The Energy Act 2004, as amended from the National Archives.
* The Energy Act 2004, as originally enacted from the National Archives.
* Explanatory notes to the Energy Act 2004.

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