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The Energy Act 2023 (Consequential Amendments) Regulations 2024

Sections54
2024 No. 706

ENERGY

The Energy Act 2023 (Consequential Amendments) Regulations 2024

Made24th May 2024
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 330(1) and (2) of the Energy Act 20231.
In accordance with sections 330(5) and 331(3) of that Act a draft of this instrument was laid before and approved by a resolution of each House of Parliament.

Part 1 Introduction

1 Citation, commencement and extent

1 These Regulations may be cited as the Energy Act 2023 (Consequential Amendments) Regulations 2024 and, subject to paragraph (2), come into force immediately after the coming into force of section 166(2) of the Energy Act 20232.
2 This regulation and regulations 2 (2) to (7), 2(10)(a) and (c), 3(3), 3(8), 4, 5(4), 5(5), 5(7), 24, 26, 33, 34 and 35 come into force on the day after the day on which these Regulations are made.
3 Subject to paragraphs (4) and (5), these Regulations extend to England and Wales, Scotland and Northern Ireland.
4 Subject to paragraph (5), any amendment, repeal or revocation made by these Regulations has the same extent as the provision amended, repealed or revoked.
5 The amendments made by regulations 40, 41, 42, 44, 46 and 48 do not extend to Northern Ireland.

Part 2 Amendment of Primary Energy Legislation

2 Amendments to the Gas Act 1986

1 The Gas Act 19863 is amended as follows.
2 In section 4AA (the principal objective and general duties of the Secretary of State and the Authority)4—
a in subsection (2)(b)5, after “Energy Act 2010, or” insert “Chapter 1 of Part 2, Chapters 2 and 3 of Part 4 and”;
b in subsection (8)6, in the definition of “licence”, for “or 7AB” substitute “, 7AA, 7AB or 7AC”.
3 In section 7B (licences: general)7, after subsection (2B)8 insert—
.
4 In section 8(1) (standard conditions of licences)9—
a omit “or” after paragraph (b);
b after paragraph (c), insert “or
.
5 In section 23 (modification of conditions of licences)10, in subsection (1)(b), for “or 7A(1) or (2)” substitute “7A(1) or (2) or 7AC”.
6 In section 23B(2)(b) (appeal to the CMA)11, for “or 7AB” substitute “, 7AA, 7AB or 7AC”.
7 In section 27 (modification by order under other enactments)12, in subsection (1)(b), after “subsection (2) of that section” insert “or licences under section 7AC above”.
8 In section 27B(1)(a) (meaning of “section 27B dispute”)13—
a omit “or” after sub-paragraph (v);
b after sub-paragraph (vi), insert “or
.
9 In section 36 (keeping of register)14—
a in subsection (1), for “or 7AB” substitute “, 7AA, 7AB or 7AC”;
b in subsection (2)(d), for “or 7AB” substitute “, 7AA, 7AB or 7AC”.
10 In section 48(1) (interpretation of Part I and savings)15—
a after the definition of “the CMA”, insert—
;
b after the definition of “gas supplier”, insert—
;
c in the definition of “licence”16, for “or 7AB” substitute “, 7AA, 7AB or 7AC”.
11 In Schedule 4B (provisions imposing obligations enforceable as relevant requirements)17—
a in paragraph 1, after “communication licence” insert “or code manager licence”;
b after paragraph 3, insert—
;
c for the heading immediately before paragraph 9A, substitute “Holders of smart meter communication licences or code manager licences”;
d in paragraph 9A, after “licence” insert “or a code manager licence”.

3 Amendments to the Electricity Act 1989

1 The Electricity Act 198918 is amended as follows.
2 In section 3A (the principal objective and general duties of the Secretary of State and the Authority)19—
a in subsection (2)(b)20, after “the Nuclear Energy (Financing) Act 2022 or” insert “Chapter 1 of Part 2, Chapters 2 and 3 of Part 4 and”;
b in subsection (5)(a)21, after “distribute, supply or participate in the transmission of electricity,” insert “to co-ordinate and direct the flow of electricity onto or over transmission systems by means of which the transmission of electricity takes place,”.
3 In section 6A (procedure for licence applications)22—
a in subsection (1)(a), for “subsection (1A)” substitute “subsections (1A) and (1B)”;
b after subsection (1A) insert—
.
4 In section 6BA (meaning of “relevant electricity project” etc.)23—
a in subsection (3)(a), omit from “that does” to the end;
b in subsection (4), for “a system operator electricity licence” substitute “an electricity system operator licence”.
5 In section 6CC(8) (competitive tenders: supplementary)24, for “a transmission licence” substitute “a licence”.
6 In section 6G(6) (section 6F: meaning of “commissioning period”)25, for “a transmission licence” substitute “a licence”.
7 In section 6H (sections 6C, 6F and 6G: modification of codes or agreements), in subsection (1)(a)26, for “a relevant licence” substitute “a licence under section 6(1)”.
8 In section 8A(1) (standard conditions of licences)27—
a for “or (d)” substitute “, (d) or (g)”;
b for “or supply licences” substitute “, supply licences or code manager licences”.
9 In section 35 (provisions supplementary to section 34)—
a in subsection (1)28, after “licence” insert “or an electricity system operator licence”;
b in subsection (2)29, for “is authorised by a licence to participate in the transmission of electricity” substitute “holds a transmission licence or an electricity system operator licence”.
10 In section 43 (functions with respect to competition), in the words after subsection (3)(c)30, for “or the use of electricity interconnectors” substitute “, the use of electricity interconnectors or the performance of the function of a code manager in relation to a designated electricity licence document.”.
11 In section 44B(1)31 (meaning of a section 44B dispute)—
a omit “or” after sub-paragraph (iv);
b after sub-paragraph (v), insert, “or
.
12 In section 47 (general functions)32, in the words after subsection (1)(b), after “heated by such heat,” insert “, to the performance of the function of code manager in relation to a designated electricity licence document”.
13 In section 58(1) (directions restricting the use of certain information)33, after “transmission licence”, insert “, an electricity system operator licence or a code manager licence”.
14 In Schedule 6A (provisions imposing obligations enforceable as relevant requirements)34—
a in paragraph 1, in the opening words, after “communication licence” insert “or a code manager licence”;
b after paragraph 4, insert—
;
c in the heading immediately before paragraph 9A, after “holders” insert “and code manager licence holders”;
d in paragraph 9A, in the opening words, after “licence” insert “or the holder of a code manager licence”.

4 Amendment of the Gas (Northern Ireland) Order 1996

In Article 11 of the Gas (Northern Ireland) Order 199635 (standard conditions of licences), in paragraph (2), after “Article 60(5) of the Energy (Northern Ireland) Order 2003” insert “and to section 89 of the Energy Act 2023”.

5 Amendment of the Utilities Act 2000

1 The Utilities Act 200036 is amended as follows.
2 In section 5(2)(a) (annual and other reports of Authority)37—
a omit “or” after sub-paragraph (i);
b after sub-paragraph (ii), insert
.
3 In section 5A (duty of Authority to carry out impact assessment)38—
a in subsection (1)(a), for “or Part 1 of the 1989 Act” substitute “, Part 1 of the 1989 Act or Part 8 of the Energy Act 2023”;
b after subsection (2)(c), insert—
.
4 In section 33 (standard conditions of electricity licences)39—
a in subsection (1)—
i in the opening words—
aa for “the commencement of subsection (3)” substitute “the relevant time”;
bb for “section 6(1)(a), (c) and (d)” substitute “section 6(1)(a), (c), (d) and (g)”;
cc for “distribution licences or supply licences” substitute “distribution licences, supply licences or code manager licences”;
ii in paragraph (l)40, for “sections 245 to 247 of” substitute “sections 169, 245 to 247 of, and paragraph 4 of Schedule 12 to,”;
b after subsection (1), insert—
.
5 In section 81 (standard conditions of gas licences)42—
a in subsection (1), for “or section 7A(2)”, substitute “, section 7A(2) or 7AC(1)”;
b in subsection (2)—
i for “the commencement of subsection (3)” substitute “the relevant time”;
ii for “section 89” to “Energy Act 2023” substitute “sections 89, 136(1) or (4), 169, 245 to 247 of, and paragraph 4 of Schedule 12 to, the Energy Act 2023”;
c after subsection (2), insert—
.
6 In section 105 (general restrictions on disclosure of information)44—
a in subsection (1)(a), for “Part 1 of the Energy Act 2023 or Part 5 of that Act” substitute “Part 1, 5 or 6, or Chapter 1 of Part 8 of the Energy Act 2023”;
b in subsection (3), after paragraph (ad) insert—
;
c in subsection (8)—
i in paragraph (a), for “or section 32J or 48 of the 1989 Act” substitute “, section 32J or 48 of the 1989 Act or regulations made by virtue of paragraph 11(4) of Schedule 18 to the Energy Act 2023”;
ii in paragraph (c), for “or Part I of the 1989 Act” substitute “, Part 1 of the 1989 Act or regulations made by virtue of paragraph 41 of Schedule 18 to the Energy Act 2023”.
7 In section 106(1) (interpretation)45, in the definition of “gas licence”, for “or 7AB” substitute “, 7AA, 7AB or 7AC”.

6 Amendment of the Energy Act 2004

In section 184(13) of the Energy Act 2004 (assistance for areas with high distribution costs)46, in the definition of “authorised transmitter”, for “a licence under section 6(1)(b)” to the end, substitute “a licence under section 6(1)(da) (an electricity system operator licence) of that Act;”.

7 Amendment of Energy Act 2008

In section 88 of the Energy Act 2008 (power to amend licence conditions etc: smart meters) 47—
a in subsection (1)(a)48, for “or (d)” to the end of paragraph (a) substitute “, (d) or (da) of the Electricity Act 1989 (c. 29) (transmission, distribution, supply and electricity system operator licence)”;
b in subsection (1)(e)49, after “7A” insert “, 7AA”;
c in subsection (6)(b)50, after “7A” insert “, 7AA”;
d in subsection (6)(c)51, after “section 6(1)(b), (c), (d)” insert “, (da)”.

8 Amendment of the Energy Act 2010

In section 12(1)(a) of the Energy Act 2010 (reconciliation mechanism: licence modifications)52, for “section 6(1)(b) or (d)” to the end, substitute “section 6(1)(b), (d) or (da) of the Electricity Act 1989 (transmission, supply and electricity system operator licences);”.

9 Amendment of the Energy Act 2013

1 The Energy Act 201353 is amended as follows.
2 In section 8(3) (definition of national system operator: Chapter 2 of Part 2), for “operating” to the end, substitute “designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023.”.
3 In section 26(1)(a) (licence modifications)—
a for “(b) or (c)” substitute “(c) or (da)”;
b for “transmission and distribution licences” substitute “distribution and electricity system operator licences”.
4 In section 27(6) (definition of national system operator: Chapter 3 of Part 2), for “operating” to the end, substitute “designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023.”.
5 In section 37(1)(a) (licence modifications for the purpose of the capacity market), after “supply”, insert “, electricity system operator”.
6 Omit section 45 (modification of transmission and other licences:business separation).
7 In section 46 (power to transfer EMR functions)—
a in subsection (2), omit paragraph (b);
b in subsection (11)—
i omit the definition of “energy administration order”;
ii in the definition of “national system operator”, for “operating” to the end, substitute “designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023.”.
8 In section 47(10) (orders under section 46: fees and other supplementary provision)—
a in paragraph (a), for “transmission licence” to the end, substitute “licence granted to the national system operator under section 6(1)(da) of the EA 1989, or”;
b omit paragraph (b).
9 In section 63(5) (definition of national system operator: section 63), for “operating” to the end, substitute “designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023.”.
10 In paragraph 4(1) of Schedule 2 (interpretation for the purposes of Schedule 2), in the definition of “national system operator” for “operating” to the end, substitute “designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023;”.

Part 3 Amendment of Other Primary Legislation

10 Amendment of the Public Records Act 1958

In Part 2 of the table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (other establishments and organisations)54 at the appropriate place insert—
.

11 Amendment of the House of Commons Disqualification Act 1975

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)55 at the appropriate place insert—
.

12 Amendment of the Northern Ireland Assembly Disqualification Act 1975

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)56 at the appropriate place, insert—
.

13 Amendment of the Land Drainage Act 1991

For paragraph 1(1)(f) of Schedule 6 to the Land Drainage Act 1991 (protection for particular undertakings)57 substitute—
.

14 Amendment of the Freedom of Information Act 2000

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)58 at the appropriate place, insert—
.

15 Amendment of the Countryside and Rights of Way Act 2000

In section 85(3) of the Countryside and Rights of Way Act 2000 (general duties of public bodes etc.)59, for the definition of “statutory undertaker” substitute—
.

16 Amendment of the Enterprise Act 2002

In section 168 of the Enterprise Act 2002 (regulated markets)60 is amended as follows—
a in subsection (3)(c)61, for “or 7AB” substitute “, 7AA, 7AB or 7AC”;
b in subsection (4)(c)62, for “or 7AB” substitute “, 7AA, 7AB or 7AC”;
c in subsection (6)63, for “or 7AB” substitute “, 7AA, 7AB or 7AC”.

17 Amendment of the Civil Contingencies Act 2004

1 Schedule 1 to the Civil Contingencies Act 2004 (category 1 and 2 responders)64 is amended as follows.
2 In paragraph 19, in sub-paragraph (2)—
a omit “and” after paragraph (b);
b after paragraph (b), insert—
.
3 In paragraph 20, in sub-paragraph (2)—
a omit “and” after paragraph (a);
b after paragraph (b), insert,
.
4 In paragraph 30, in sub-paragraph (2),—
a omit “and” after paragraph (b);
b after paragraph (b) insert—
.
5 In paragraph 31, in sub-paragraph (2)—
a omit “and” after paragraph (a);
b after paragraph (b) insert,
.

18 Amendment of the Nature Conservation (Scotland) Act 2004

In section 58(1) of the Nature Conservation (Scotland) Act 2004 (interpretation)65, in the definition of “statutory undertaker”, after paragraph (d) insert—
.

19 Amendment of the Natural Environment and Rural Communities Act 2006

In section 40(5) of the Natural Environment and Rural Communities Act 2006 (duty to conserve and enhance biodiversity)66, for the definition of “statutory undertaker” substitute—
.

20 Amendment of the Consumers, Estate Agents and Redress Act 2007

1 The Consumers, Estate Agents and Redress Act 200767 is amended as follows.
2 In section 25(3) (enforcement by regulator of section 24 notice)68, in the first column of the table, in the first row, for “or 7AB” substitute “, 7AA, 7AB or 7AC”.
3 In section 29(3) (disclosure of information)69, in paragraph (a), for “or the Utilities Act 2000 (c. 27)” substitute “, the Utilities Act 2000 (c. 27) or Part 8 of the Energy Act 2023 (c. 52)”.

21 Amendment of the Equality Act 2010

In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general)70, under the heading “Industry, business, finance etc.”, at the appropriate place, insert—
.

22 Amendment of the Environment (Wales) Act 2016

In section 6(10) of the Environment (Wales) Act 2016 (biodiversity and resilience of ecosystems duty)71—
a in the Welsh text, in the definition “ymgymerwr statudol”, for paragraph (d) substitute—
;
b in the English text, in the definition of “statutory undertaker”, for paragraph (d) substitute—
.

Part 4 Amendment of Secondary Legislation

23 Amendment of the Electricity Act 1989 (Uniform Prices in the North of Scotland) Order 2005

In article 5 of the Electricity Act 1989 (Uniform Prices in the North of Scotland) Order 2005 (use of transmission system charges)72, after “the North of Scotland” insert “, or the holder of an electricity system operator licence,”.

24 Amendment of the Electricity (Offshore Generating Stations) (Safety Zones) (Application Procedures and Control of Access) Regulations 2007

In regulation 9(1)(f)(ii) of the Electricity (Offshore Generating Stations) (Safety Zones) (Application Procedures and Control of Access) Regulations 2007 (vessels and activities permitted in safety zones)73, for “92(6)” substitute “6F(8) of the Electricity Act 1989”.

25 Amendment of the Renewables Obligation (Scotland) Order 2009

In article 33(4) of the Renewables Obligation (Scotland) Order 2009 (definition of “network operators”)74—
a for “or (c)” substitute “, (c) or (da)”;
b omit from “to participate” to the end.

26 Amendment of the Provision of Services Regulations 2009

In regulation 2(2) of the Provision of Services Regulations 2009 (services to which the Regulations do not apply)75, after sub-paragraph (k) insert—
.

27 Amendment of the Electricity and Gas Appeals (Designation and Exclusion) Order 2014

1 The Electricity and Gas Appeals (Designation and Exclusion) Order 201476 is amended as follows.
2 In article 2 (interpretation)—
a in paragraph (1)—
i after the definition of “electricity supply licence” insert—
;
ii omit the definition of “transmission licence”;
b after paragraph (2) insert—
;
c in paragraph (3), after “paragraph (2)”, insert “or paragraph (2A)”.
3 In article 3 (designation of document)—
a in paragraph (a), for “Standard Condition” to the end, substitute “Condition E1 of an electricity system operator licence”;
b in paragraph (b), for “Standard Condition” to the end, substitute “Condition E2 of an electricity system operator licence”.

28 Amendment of the Contracts for Difference (Electricity Supplier Obligations) Regulations 2014

In regulation 2(1) of the Contracts for Difference (Electricity Supplier Obligations) Regulations 2014 (interpretation)77, in the definition of “the Balancing and Settlement Code”—
a after “Great Britain” insert “, as amended from time to time,”;
b for “transmission licences” to the end, substitute “an electricity system operator licence granted under section 6(1)(da) of the Electricity Act 1989”.

29 Amendment of the Power Purchase Agreement Scheme Regulations 2014

In regulation 2(1) of the Power Purchase Agreement Scheme Regulations 2014 (interpretation)78 in the definition of “Balancing and Settlement Code”—
a after “Great Britain” insert “as amended from time to time”;
b for “transmission licences” to the end, substitute “an electricity system operator licence granted under section 6(1)(da) of the Electricity Act 1989”.

30 Amendment of the Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2015

In regulation 3(1) of the Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2015 (interpretation)79, after the definition of “construction phase contract”, insert—
.

31 Amendment of the Renewables Obligation Order 2015

In article 42(3) of the Renewables Obligation Order 2015 (review of banding provisions)80, in the definition of “network operators”—
a for “or (c)” substitute “, (c) or (da)”;
b omit from “to participate” to the end.

32 Amendment of the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017

In Schedule 2 to the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 201781, after the entry for “The Financial Conduct Authority”, insert—
.

33 Amendment of the Network and Information Systems Regulations 2018

In Schedule 2 to the Network and Information Systems Regulations 2018 (essential services and threshold requirements)82 in paragraph 1(8)(h) (definition of offshore transmission licence and offshore transmission)—
a for “section 6C(5) and (6)” substitute “section 6F(8)”;
b omit “, respectively”.

34 Amendment of the Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2019

In regulation 3 of the Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2019 (interpretation)83, for paragraph (4) substitute—
.

35 Amendment of the Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2019

In regulation 3 of the Gas (Applications for Licence and Extensions and Restrictions of Licences) Regulations 2019 (interpretation)84, for paragraph (4) substitute—
.

36 Amendment of the Electricity Trading (Development of Technical Procedures) (Day-Ahead Market Timeframe) Regulations 2021

In regulation 1(3) of the Electricity Trading (Development of Technical Procedures) (Day-Ahead Market Timeframe) Regulations 2021 (interpretation)85, in the definition of “GB transmission system operator”, for paragraph (b) substitute—
.

37 Amendment of the Energy Bills Discount Scheme (Non-Standard Cases) Regulations 2023

In regulation 2 of the Energy Bills Discount Scheme (Non-Standard Cases) Regulations 2023 (interpretation)86, in the definition of “Trading Party”—
a after “Great Britain”, insert “, as it is amended from time to time,”;
b for “section 6(1)(b)” to the end substitute “section 6(1)(da) of the Electricity Act 1989”.

38 Amendment of the Nuclear Regulated Asset Base Model (Revenue Collection) Regulations 2023

In regulation 2(1) of the Nuclear Regulated Asset Base Model (Revenue Collection) Regulations 2023 (interpretation)87, in the definition of “the Balancing and Settlement Code” for “transmission licences granted under section 6(1)(b)” substitute “an electricity system operator licence granted under section 6(1)(da)”.

Part 5 Amendment of Assimilated Law

39 Amendment of Regulation (EC) 715/2009

In Article 16(5) of Regulation (EC) 715/2009 of the European Parliament and of the Council of 13 July 2009 on the conditions for access to the natural gas transmission networks (principles of capacity-allocation mechanisms and congestion-management procedures concerning transmission system operators)88, at the end insert—
.

40 Amendment of Commission Regulation (EU) 2016/631

In Article 2 of Commission Regulation (EU) 2016/631 of 14 April 2016 establishing a network code on requirements for grid connection of generators (definitions)89, in the first unnumbered paragraph, omit “(other than the definition of ‘transmission system operator’ or ‘TSO’)”.

41 Amendment of Commission Regulation (EU) 2016/1388

In Article 2 of Commission Regulation (EU) 2016/1388 of 17 August 2016 establishing a Network Code on Demand Connection (definitions)90, in the first unnumbered paragraph, omit “(other than the definition of ‘transmission system operator’ or ‘TSO’)”.

42 Amendment of Commission Regulation (EU) 2016/1447

In Article 2 of Commission Regulation (EU) 2016/1447 of 26 August 2016 establishing a network code on requirements for grid connection of high voltage direct current systems and direct current-connected power modules (definitions)91, in the first unnumbered paragraph, omit “(other than the definition of ‘transmission system operator’ or ‘TSO’)”.

43 Amendment of Commission Regulation (EU) 2017/459

In Article 6 of Commission Regulation (EU) 2017/459 of 16 March 2017 establishing a network code on capacity allocation mechanisms in gas transmission systems (capacity calculation maximisation)92—
a in paragraph 1(a)(6), after “network users” insert “or the holder of a licence under section 7AA of the Gas Act 1986”;
b in paragraph 1(b)(2), after “relevant demand and supply scenarios” insert “having regard to any information provided by the holder of a licence under section 7AA of the Gas Act 1986”.

44 Amendment of Commission Regulation (EU) 2017/1485

In Commission Regulation (EU) 2017/1485 of 2 August 2017 establishing guidance on electricity transmission system operation93—
a in Article 3 (definitions)—
i in paragraph 1, for “paragraphs 1A and 1B” substitute “paragraph 1A”;
ii omit paragraph 1B;
iii in paragraph 2, omit point (168) (definition of national electricity transmission system operator);
b in Articles 10, 15, 16, 40, 55 and 65 for “national electricity transmission system operator”, in each place it occurs, substitute “transmission system operator”.

45 Amendment of Regulation (EU) 2017/1938

In Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply94—
a in Article 7 (risk assessment), in paragraph 6, after “Natural gas undertakings” insert “, the holder of a licence under section 7AA of the Gas Act 1986,”;
b in Article 8 (establishment of preventive action plans and emergency plans), in paragraph 2, after “natural gas undertakings,” insert “the holder of a licence under section 7AA of the Gas Act 1986,”.

46 Amendment of Commission Regulation (EU) 2017/2195

In Article 9 of Commission Regulation (EU) 2017/2195 of 23 November 2017 establishing a guideline on electricity balancing (stakeholder involvement)95 omit “national electricity”.

47 Amendment of Commission Regulation (EU) 2017/2196

In Article 53 of Commission Regulation (EU) 2017/2196 of 24 November 2017 establishing a network code on electricity emergency and restoration (stakeholder involvement)96, omit “national electricity”.

48 Amendment of Regulation (EU) 2019/943

In Article 2 of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast) (definitions)97, for the definition of “transmission system operator” or “TSO” substitute—
.

Footnotes

  1. 1
    2023 c. 52.
  2. 2
    Section 166(2) is brought into force on such day or days as the Secretary of State by regulations appoints, see section 334(1) of the Energy Act 2023.
  3. 3
    1986 c. 44.
  4. 4
    Section 4AA was substituted for section 4 by the Utilities Act 2000 (c. 27), section 9.
  5. 5
    Subsection (2)(b) was amended by the Energy Act 2008 (c. 32), section 102(3), by the Energy Act 2010 (c. 27), section 16(4)(b) and by the Energy Act 2023 (c. 52), section 248(3).
  6. 6
    The definition of “licence” in subsection (8) was amended by the Energy Act 2004 (c. 20), section 149(8)(a) and by S.I. 2012/2400, article 18(3).
  7. 7
    Section 7B was inserted by the Gas Act 1995 (c. 45), section 7.
  8. 8
    Subsection (2B) was inserted by S.I. 2012/2400.
  9. 9
    Section 8(1) was amended by the Utilities Act 2000 (c. 27), section 81(3) and by the Energy Act 2004 (c. 20) section 150(6).
  10. 10
    Section 23(1) and the rest of the section were substituted by the Gas Act 1995 (c. 45), paragraph 21 of Schedule 3 and by S.I. 2011/2704.
  11. 11
    Section 23B was inserted by S.I. 2011/2704 and section 23B(2)(b) was amended by S.I. 2012/2400.
  12. 12
    Section 27(1)(b) was amended by the Energy Act 2004 (c. 20), section 150(8).
  13. 13
    Section 27B(1) was inserted by S.I. 2009/1349 and was amended by S.I. 2011/2704 and S.I. 2019/530.
  14. 14
    Section 36 has been amended on a number of occasions but only the following amendments are relevant: subsections (1) and (2) were substituted by the Gas (Exempt Supplies) Act 1993 (c.1), section 3 and amended in respect of new licence activities by the Gas Act 1995 (c. 45), paragraph 42 of Schedule 3, by the Energy Act 2004 (c. 20), sections 149(8)(b), 183(2) and by S.I. 2012/2400.
  15. 15
    To which there are amendments not relevant to these Regulations.
  16. 16
    The definition of “licence “ was substituted by the Utilities Act 2000 (c. 27), paragraph 19(d) of Schedule 6 and amended by the Energy Act 2004 (c. 20), section 198(2) and by S.I. 2012/2400.
  17. 17
    Schedule 4B was inserted by S.I. 2011/2704 and by S.I. 2012/2400. There are other amendments to Schedule 4B which are not relevant to these Regulations.
  18. 18
    1989 c. 29.
  19. 19
    Section 3A was substituted for section 3 by the Utilities Act 2000 (c. 27), section 13.
  20. 20
    Subsection (2)(b) was amended by the Energy Act 2023 (c. 52), section 248(6). There are other amendments to this subsection which are not relevant to these Regulations.
  21. 21
    In subsection (5)(a), the words “distribute, supply or participate in the transmission of electricity” were substituted by the Energy Act 2004 (c. 20) paragraph 4 of Schedule 19.
  22. 22
    Section 6A was substituted by the Utilities Act 2000 (c. 27), section 30.
  23. 23
    Section 6BA was inserted by the Energy Act 2023 (c. 52) paragraph 2 of Schedule 15.
  24. 24
    Section 6CC was substituted for the existing section by the Energy Act 2023 (c. 52) paragraph 3 of Schedule 15.
  25. 25
    Section 6G was amended, and subsection (6) was substituted for the existing subsection, by the Energy Act 2023 (c. 52) paragraph 6 of Schedule 15.
  26. 26
    Subsection (1) was amended by the Energy Act 2023 (c. 52) paragraph 7(2) of Schedule 15.
  27. 27
    Section 8A was inserted by the Utilities Act 2000 (c. 27); subsection (1) was substituted by the Energy Act 2004 (c. 20).
  28. 28
    Section 35(1) was amended by the Energy Act 2004 (c. 20), paragraph 12(2) of Schedule 19 .
  29. 29
    Section 35(2) was substituted by the Energy Act 2004 (c. 20), paragraph 12(3) of Schedule 19.
  30. 30
    Section 43(3)(c) was amended by the Energy Act 2004 (c. 20), sections 147(5) and 198(2).
  31. 31
    Section 44B(1) was amended by S.I. 2019/530.
  32. 32
    Section 47(1) was amended by S.I. 2012/2400.
  33. 33
    Section 58(1) was amended by the Energy Act 2004 (c. 20), paragraph 14 of Schedule 19.
  34. 34
    Schedule 6A was inserted by S.I. 2011/2704 and amended by S.I. 2012/2400, S.I. 2019/530 and S.I. 2020/96. There are other amendments to Schedule 6A which are not relevant to these Regulations.
  35. 35
    S.I. 1996/275 (N.I. 2), amended by S.I. 2003/419 (N.I. 6), S.R. 2015/1 and S.R. 2013/92.
  36. 36
    2000 c. 27.
  37. 37
    Section 5(2) was amended by S.I. 2015/862, regulations 1(1) and (4).
  38. 38
    Section 5A was inserted by the Sustainable Energy Act 2003 (c. 30), section 6.
  39. 39
    Section 33 was amended by the Energy Act 2004 (c. 20), Schedule 19 and the Energy Act 2023 (c. 52), section 248(7)(b). There are other amendments to subsection (1) which are not relevant to these Regulations.
  40. 40
    Paragraph (l) was inserted by the Energy Act 2023, section 248(7)(b). A correction slip for the Energy Act 2023 was published in February 2004 correcting the numbering of paragraph (k) inserted by section 248(7)(b) to paragraph (l).
  41. 41
    This date is seven years from the date of Royal Assent of the Energy Act 2023 (c. 52) and links to the date specified in paragraph 3(b) of Schedule 12 to that Act.
  42. 42
    Section 81 was amended by the Energy Act 2023 (c. 52), section 91(13) and section 137(7). There are other amendments to subsection (2) which are not relevant to these Regulations.
  43. 43
    This date is seven years from the date of Royal Assent of the Energy Act 2023 (c. 52) and links to the date specified in paragraph 3(b) of Schedule 12 to that Act.
  44. 44
    Section 105 was amended by the Energy Act 2023 (c. 52), paragraph 5(a) and (b) of Schedule 5, paragraph 8(2), (3) and (4) of Schedule 11, paragraph 26(2) of Schedule 15, paragraph 35 of Schedule 16. There are other amendments to subsections (1), (3) and (8) which are not relevant to these Regulations.
  45. 45
    The definition of “gas licence” in section 106(1) was amended by S.I. 2012/2400 to insert references to licences under section 7A or 7AB of the Gas Act 1986.
  46. 46
    2004 c. 20.
  47. 47
    2008 c. 32.
  48. 48
    Subsection (1)(a) was amended by the Energy Act 2011 (c. 16), section 73(2)(a) and (b).
  49. 49
    Subsection (1)(e) was amended by S.I. 2012/2400.
  50. 50
    Subsection (6)(b) was amended by S.I. 2012/2400.
  51. 51
    Subsection (6)(c) was amended by the Energy Act 2008 (c. 32), section 73(6) and by S.I. 2012/2400.
  52. 52
    2010 c. 27.
  53. 53
    2013 c. 32.
  54. 54
    1958 c. 51; Part 2 of the table has been amended a number of times but those amendments are not relevant to these Regulations.
  55. 55
    1975 c. 24; Part 3 of Schedule 1 has been amended a number of times but those amendments are not relevant to these Regulations.
  56. 56
    1975 c. 25; Part 3 of Schedule 1 has been amended a number of times but those amendments are not relevant to these Regulations.
  57. 57
    1991 c. 59; relevant amendments are Energy Act 2004, section 198(2) and paragraph 19 of Schedule 19.
  58. 58
    2000 c. 36; Part 6 of Schedule 1 has been amended a number times but those amendments are not relevant to these Regulations.
  59. 59
    2000 c. 37. The definition of “statutory undertaker” was inserted by the Natural Environment and Rural Communities Act 2006 (c. 16), section 85 and paragraph 165 of Schedule 11.
  60. 60
    2002 c. 40.
  61. 61
    Section 168(3) was amended by S.I. 2012/2400.
  62. 62
    Section 168(4) was amended by S.I. 2012/2400.
  63. 63
    Section 168(6) was amended by the Enterprise and Regulatory Reform Act 2013 (c. 24), paragraph 198 of Schedule 5, by the Energy Act 2023 (c. 52), paragraph 8(4) of Schedule 5 and by S.I. 2012/2400.
  64. 64
    2004 c. 36.
  65. 65
    2004 asp 6.
  66. 66
    2006 c. 16.
  67. 67
    2007 c. 17.
  68. 68
    2007 c. 17; the table in section 25 was amended by S.I. 2012/2400.
  69. 69
    Subsection (3) was amended by S.I. 2014/631 and by S.I. 2022/34.
  70. 70
    2010 c. 15; the headed section of Part 1 of Schedule 19 has been amended a number of times but those amendments are not relevant to these Regulations.
  71. 71
    2016 anaw 3; section 6(10) has amendments not relevant to these Regulations.
  72. 72
    S.I. 2005/490.
  73. 73
    S.I. 2007/1948, to which there are amendments not relevant to these Regulations.
  74. 74
    S.S.I. 2009/140.
  75. 75
    S.I. 2009/2999, to which there are amendments not relevant to these Regulations.
  76. 76
    S.I. 2014/1293.
  77. 77
    S.I. 2014/2014, to which there are amendments not relevant to these Regulations.
  78. 78
    S.I. 2014/2511.
  79. 79
    S.I. 2015/1555.
  80. 80
    S.I. 2015/1947.
  81. 81
    S.I. 2017/353 to which there are amendments not relevant to these Regulations.
  82. 82
    S.I. 2018/506.
  83. 83
    S.I. 2019/1023, to which there are amendments not relevant to these Regulations.
  84. 84
    S.I. 2019/1024.
  85. 85
    S.I. 2021/651.
  86. 86
    S.I. 2023/464.
  87. 87
    S.I. 2023/254.
  88. 88
    EUR 2009/715.
  89. 89
    EUR 2016/631. Article 2 was amended by S.I. 2020/1006.
  90. 90
    EUR 2016/1388. Article 2 was amended by S.I. 2020/1006.
  91. 91
    EUR 2016/1447. Article 2 was amended by S.I. 2020/1006.
  92. 92
    EUR 2017/459.
  93. 93
    EUR 2017/1485. Article 3 was amended by S.I. 2019/533.
  94. 94
    EUR 2017/1938. Article 7(6) was amended by S.I. 2019/531.
  95. 95
    EUR 2017/2195. Article 9 was amended by S.I. 2019/532.
  96. 96
    EUR 2017/2196. Article 53 was amended by S.I. 2019/533.
  97. 97
    EUR 2019/943.