Energy Act 2004 - legislation

1 Energy Act 2004 CHAPTER 20 CONTENTSPART 1 THE CIVIL nuclear INDUSTRYCHAPTER 1 nuclear DECOMMISSIONINGE stablishment of NDA1 The nuclear decommissioning Authority2 Constitution of NDAP rincipal function of NDA3 Designated responsibilities4 Additional responsibilities under designating directions5 Supplemental provisions of designating directions6 Designations relating to ScotlandOther functions of NDA7 Supplemental functions8 Special functions in relation to pensions duties and powers of NDA9 General duties when carrying out functions10 Powers for carrying out functionsStrategies, plans and reports11 Strategy for carrying out functionsEnergy Act 2004 (c. 20)iv12 Contents of strategy13 Annual plans14 Annual reportsImplementation of strategies and plans15 Duty to decommission and clean up installations and sites16 Duties to operate installations and to provide treatment to use installations etc. for purposes of NDA18 Directions by NDA to the person with control19 Designation as a related site for the purposes of s.

2 1820 Duty to comply with directions under s. 18 Financial provisions21 Financial responsibilities of NDA22 Expenditure and receipts of NDA23 Borrowing by the NDA24 Limit on NDA borrowing25 Government guarantees for NDA borrowing26 Accounts of NDA27 Tax exemption for NDA activities28 Taxation of NDA activities chargeable under Case VI of Schedule D29 Disregard for tax purposes of cancellation etc. of provisions30 Disregard for tax purposes of provisions recognised by NDAN uclear decommissioning Funding Account31 Establishment and maintenance of the Account32 Examination of the AccountSupplementary provisions of Chapter 1 of Part 133 Validity of transactions34 Amendment of Schedule 12 to the 1989 Act35 Power to modify Chapter 1 of Part 136 Meaning of nuclear site etc. and person with control 37 General interpretation of Chapter 1 of Part 1 CHAPTER 2 TRANSFERS RELATING TO nuclear UNDERTAKINGST ransfer by scheme of property transfer schemes39 Transfers of publicly owned assets40 Transfers with the consent of the transferor41 Recovery of property from private ownership42 Transfer of nuclear Liabilities Investment PortfolioExtinguishment of undertakings and tax losses43 Undertakings given by the Secretary of StateEnergy Act 2004 (c.)

3 20)v44 Extinguishment of BNFL losses for tax purposesProvisions relating to transfers45 Further provision applying to transferee companies46 Pensions47 Taxation48 Supplementary powers of the Secretary of State, the NDA and the UKAEAS upplementary provisions of Chapter 2 of Part 149 Duty to assist the Secretary of State50 Interpretation of Chapter 2 of Part 1 CHAPTER 3 CIVIL nuclear CONSTABULARYC ivil nuclear Police Authority51 The Civil nuclear Police AuthorityCivil nuclear Constabulary52 The Civil nuclear Constabulary53 Chief constable and other senior officers54 Functions of senior officers55 Members of the ConstabularyJurisdiction and powers of Constabulary56 Jurisdiction of Constabulary57 Stop and search under Terrorism Act 2000 Administration of Constabulary58 Government, administration and conditions of service59 Members of Constabulary serving with other forces60 ChargesSupervision and inspection and reports62 Inspection63 Supervision by Secretary of StateRights etc.

4 Of members of the Constabulary64 Civil nuclear Police Federation65 Rank-related associations66 Representation at certain disciplinary proceedings67 Trade union membershipEnergy Act 2004 (c. 20)viSupplementary provisions of Chapter 3 of Part 168 Application of offences etc. applying to constables69 Minor amendments relating to the Constabulary70 nuclear transfer scheme for UKAEA Constabulary71 Interpretation of Chapter 3 of Part 1 CHAPTER 4 AUTHORISATIONS RELATING TO RADIOACTIVE WASTE72 Transfer of authorisations73 Applications for variation of authorisations74 Periodic reviews of authorisations75 Consequential amendments of the 1993 ActCHAPTER 5 MISCELLANEOUS PROVISIONS RELATING TO nuclear INDUSTRY76 Amendments for giving effect to international obligations77 Regulation of equipment, software and information78 Application of the 1965 Act to Northern Ireland79 Expenditure on nuclear related matters80 Additional functions of UKAEAPART 2 SUSTAINABILITY AND RENEWABLE Energy SOURCESCHAPTER 1 SUSTAINABLE ENERGY81 Reports under section 1 of Sustainable Energy Act 200382 Microgeneration83 Sustainable developmentCHAPTER 2 OFFSHORE PRODUCTION OF ENERGYR enewable Energy Zones84 Exploitation of areas outside the territorial sea for Energy production85 Application of criminal law to renewable Energy installations of civil law to renewable Energy installations in Council under ss.

5 85 and 87 Application of 1989 Act offshore89 Activities offshore requiring 1989 Act licences90 Modification of licence conditions for offshore transmission and distribution91 Extension of transmission licences offshoreEnergy Act 2004 (c. 20)vii92 Competitive tenders for offshore transmission licences93 Consents for generating stations offshore94 Application of regulations under 1989 Act offshoreSafety zones for installations95 Safety zones around renewable Energy installations96 Prohibited activities in safety zones97 Offences relating to safety zones98 Supplementary provisions relating to offences under s. 97 Navigation and civil aviation99 Navigation100 Further provision relating to public rights of navigation101 Application of civil aviation regulations to renewable Energy installationsSupplementary provisions of Chapter 2 of Part 2102 Amendments of 1989 Act consequential on Chapter 2 of Part 2103 Other amendments consequential on Chapter 2 of Part 2104 Interpretation of Chapter 2 of Part 2 CHAPTER 3 decommissioning OF OFFSHORE INSTALLATIONSD ecommissioning programmes105 Requirement to prepare decommissioning programmes106 Approval of decommissioning programmes107 Failure to submit or rejection of decommissioning programmes108 Reviews and revisions of decommissioning programmesImplementation of decommissioning programmes109 Carrying out of decommissioning programmes110 Default in carrying out decommissioning programmesDecommissioning regulations111 Regulations about decommissioningSupplementary provisions of Chapter 3 of Part 2112

6 Duty to inform Secretary of State113 Offences relating to decommissioning programmes114 Interpretation of Chapter 3 of Part 2 CHAPTER 4 RENEWABLES OBLIGATIONS RELATING TO ELECTRICITY115 Discharge of renewables obligation in Great Britain by paymentEnergy Act 2004 (c. 20)viii116 Issue of green certificates in Great Britain117 Use of green certificates issued in Northern Ireland118 Distributions to Northern Ireland suppliers119 Supplementary provision relating to renewables obligation in Great Britain120 Issue of green certificates in Northern Ireland121 GEMA s power to act on behalf of Northern Ireland regulator122 Consultation in relation to Northern Ireland renewables orders123 Modification of conditions of Northern Ireland electricity licencesCHAPTER 5 RENEWABLE TRANSPORT FUEL OBLIGATIONS124 Imposition of renewable transport fuel obligations125 The Administrator126 Determinations of amounts of transport fuel127 Renewable transport fuel certificates128 Discharge of obligation by payment129 Imposition of civil penalties130 Objections to civil penalties131 Appeals against civil penalties132 Interpretation of Chapter 5 of Part 2 PART 3 Energy REGULATIONCHAPTER 1 ELECTRICITY TRADING AND TRANSMISSION133

7 New trading and transmission arrangements 134 Power to modify licence conditions135 Alteration of transmission activities requiring licence136 Transmission licences137 New standard conditions for transmission licences138 Conversion of existing transmission licences139 Grant of transmission licences140 Duties to provide information etc. to Secretary of State141 Property arrangements schemes142 Interpretation of Chapter 1 of Part 3143 Amendments consequential on Chapter 1 of Part 3144 TransitionCHAPTER 2 INTERCONNECTORS FOR ELECTRICITY AND GASE lectricity interconnectors145 Operators of electricity interconnectors to be licensed146 Standard conditions for electricity interconnectors147 Consequential amendments of the 1989 Act148 Grant of electricity interconnector licences to existing operatorsEnergy Act 2004 (c. 20)ixGas interconnectors149 Operators of gas interconnectors to be licensed150 Standard conditions for gas interconnectors151 Disapplication of existing regimes152 Grant of gas interconnector licences to existing operators153 Extraterritorial application of Gas Act 1986 CHAPTER 3 SPECIAL ADMINISTRATION REGIME FOR Energy LICENSEESE nergy administration orders154 Energy administration orders155 Objective of an Energy administration156 Applications for Energy administration orders157 Powers of court158 Energy administrators159 Conduct of administration.

8 Transfer schemes on other insolvency procedures160 Restrictions on winding-up orders161 Restrictions on voluntary winding up162 Restrictions on making of ordinary administration orders163 Restrictions on administrator appointments by creditors on enforcement of securityFinancial support for companies in administration165 Grants and loans166 Indemnities167 Guarantees where Energy administration order is madeLicence modifications relating to Energy administration168 Modifications of particular or standard conditions169 Licence conditions to secure funding of Energy administrationSupplemental provision of Chapter 3 of Part 3170 Modification of Chapter 3 of Part 3 under Enterprise Act 2002171 Interpretation of Chapter 3 of Part 3 CHAPTER 4 FURTHER PROVISIONS ABOUT REGULATIONS ecurity of supply172 Annual report on security of Energy suppliesEnergy Act 2004 (c. 20)xAppeals from GEMA decisions173 Appeals to the Competition Commission174 Procedure on appeals175 Determination of appeals176 Specialist members of Competition CommissionFunding of appeals and references177 Modifications of standard conditions for funding appeals and referencesBest practice178 Duty to have regard to best regulatory practiceMeaning of electricity supply and high voltage lines179 Meaning of electricity supply180 Meaning of high voltage line Metering181 Prepayment metersInquiries under ss.

9 36 and 37 of the 1989 Act182 Additional inspectorsConfidential information183 Exclusion of confidential information from registersAreas with high distribution or transmission costs184 Assistance for areas with high distribution costs185 Adjustment of transmission charges186 Restrictions on disclosure of informationPayments into Scottish Consolidated Fund187 Payments of sums raised by fossil fuel levyPART 4 MISCELLANEOUS AND SUPPLEMENTALI mposition of charges188 Power to impose charges to fund Energy functionsInternational agreements relating to pipelines and offshore installations189 Power to modify Petroleum Act 1998 Energy Act 2004 (c. 20)xiSupplementary provision relating to functions of Secretary of State and GEMA190 Application of general duties to Part 3 functions provision about licence condition powersSupplemental192 Powers exercisable by statutory instrument193 Service of notifications and other documents194 Notifications and documents in electronic form195 Timing and location of things done electronically196 General interpretation197 Repeals title, commencement and extentSchedule 1 The nuclear decommissioning AuthorityPart 1 Members and staff of NDAPart 2 Proceedings of NDAPart 3 SupplementalSchedule 2 Procedural requirements applicable to NDA s strategySchedule 3 Procedural requirements applicable to NDA s annual plansSchedule 4 Supplemental taxation provisions for exempt activitiesSchedule 5 Supplementary provisions about nuclear transfer schemesSchedule 6 Structure etc.

10 Of transferee companiesSchedule 7 Finances and accounts of transferee companiesSchedule 8 PensionsPart 1 PreliminaryPart 2 Extensions of certain pension schemesPart 3 Public sector transfers of UKAEA pension scheme membersPart 4 Other transfersPart 5 UKAEA pensions for employees of designated BNFL companiesSchedule 9 Taxation provisions relating to nuclear transfer schemesPart 1 Transfers to the NDA or a subsidiary of the NDAPart 2 Transfers relating to BNFL or the UKAEA 3 Transfers relating to relevant site licenseesPart 4 Transfer of nuclear Liabilities Investment PortfolioPart 5 Stamp duty 6 Supplemental provisions of ScheduleSchedule 10 The Civil nuclear Police AuthorityPart 1 MembershipPart 2 ProceedingsPart 3 EmployeesPart 4 FinancesPart 5 MiscellaneousSchedule 11 Removal and suspension of senior officers of ConstabularySchedule 12 Planning and reports about ConstabularyPart 1 PlanningPart 2 ReportsSchedule 13 Directions by Secretary of State about ConstabularySchedule 14 Minor amendments relating to ConstabularyEnergy Act 2004 (c.)