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Regulation 4 Changes to development consent orders and infrastructure consent orders: determination of carbon capture readiness and requirements to be imposed where CCR conditions are metF13I1

England, Wales and Scotland

(1)

The Secretary of State must not—

(a)

change a consent order in respect of a combustion plant with a rated electrical output of less than 300 megawatts in such a way as to enable the plant to have a rated electrical output of 300 megawatts or more; or

(b)

change a relevant consent order in such a way as to enable a combustion plant to increase its rated electrical output,

unless the Secretary of State has determined whether the CCR conditions are met in relation to the combustion plant, as constructed or extended in accordance with the consent order as so changed (“the modified plant”) F1(but see paragraph (1A)).

F2(1A)

The Welsh Ministers must not—

(a)

change a consent order F3or an infrastructure consent order in respect of a combustion plant in Wales with a rated electrical output of less than 300 megawatts in such a way as to enable the plant to have a rated electrical output of between 300 and 350 megawatts; or

(b)

change a relevant consent order or F4a relevant infrastructure consent order in respect of a devolved combustion plant in such a way as to enable a combustion plant to increase its rated electrical output to a maximum of 350 megawatts,

unless the Welsh Ministers have determined whether the CCR conditions are met in relation to the combustion plant, as constructed or extended in accordance with the consent order as so changed, the infrastructure consent order as so changed or the relevant infrastructure consent order as so changed (“the modified plant”).

(2)

The Secretary of State’s determination under paragraph (1) F5and the Welsh Ministers’ determination under paragraph (1A) must be made on the basis of—

(a)

a CCR assessment of the modified plant prepared by—

(i)

where an application was made for the consent order to be changed, the person who made the application;

(ii)

the operator of the combustion plant; or

(iii)

a person who intends to operate the combustion plant; and

(b)

any other available information, particularly concerning the protection of the environment and human health.

(3)

If the Secretary of State—

(a)

determines F6under paragraph (1) that the CCR conditions are met in relation to a combustion plant; and

(b)

decides to—

(i)

change a consent order in respect of that plant in the way described in paragraph (1)(a); or

(ii)

change a relevant consent order in respect of that plant in the way described in paragraph (1)(b),

the Secretary of State must ensure that the consent order (as changed) includes a requirement that suitable space is set aside for the equipment necessary to capture and compress all of the CO2 that would otherwise be emitted from the plant.

(F73A)

If the Welsh Ministers—

(a)

determine under paragraph (1A) that the CCR conditions are met in relation to a combustion plant; and

(b)

decide to—

(i)

change a consent order F8or F9an infrastructure consent order in respect of that plant in the way described in paragraph (1A)(a); or

(ii)

change a relevant consent order or a relevant infrastructure consent order in respect of that plant in the way described in paragraph (1A)(b),

the Welsh Ministers must ensure that the consent order (as changed) F10F11, infrastructure consent order (as changed) F12or the relevant infrastructure consent order (as changed) includes a requirement that suitable space is set aside for the equipment necessary to capture and compress all of the CO2 that would otherwise be emitted from the plant.

(4)

In this regulation, “change” means to make a change using the powers conferred by Schedule 6 to the 2008 Actf1.

Annotations

Textual amendments

F1

Words in reg. 4(1) inserted (W.) (1.4.2019) by The Carbon Capture Readiness (Electricity Generating Stations) (Amendment) (Wales) Regulations 2019 (S.I. 2019/294), regs. 1(1), 4(a)

F2

Reg. 4(1A) inserted (W.) (1.4.2019) by The Carbon Capture Readiness (Electricity Generating Stations) (Amendment) (Wales) Regulations 2019 (S.I. 2019/294), regs. 1(1), 4(b)

F3

Words in reg. 4(1A) inserted (W.) (15.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 8(3)(b)

F4

Words in reg. 4(1A) substituted (W.) (2.6.2026) by The Infrastructure Consent (Consequential and Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/85), regs. 1(2), 2(a)(ii)

F5

Words in reg. 4(2) inserted (W.) (1.4.2019) by The Carbon Capture Readiness (Electricity Generating Stations) (Amendment) (Wales) Regulations 2019 (S.I. 2019/294), regs. 1(1), 4(c)

F6

Words in reg. 4(3)(a) inserted (W.) (1.4.2019) by The Carbon Capture Readiness (Electricity Generating Stations) (Amendment) (Wales) Regulations 2019 (S.I. 2019/294), regs. 1(1), 4(d)

F7

Reg. 4(3A) inserted (W.) (1.4.2019) by The Carbon Capture Readiness (Electricity Generating Stations) (Amendment) (Wales) Regulations 2019 (S.I. 2019/294), regs. 1(1), 4(e)

F8

Words in reg. 4(3A)(b) inserted (W.) (15.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 8(3)(c)(i)

F9

Words in reg. 4(3A)(b)(i) substituted (W.) (2.6.2026) by The Infrastructure Consent (Consequential and Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/85), regs. 1(2), 2(b)(i)

F10

Words in reg. 4(3A) inserted (W.) (15.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 8(3)(c)(ii)

F11

Words in reg. 4(3A) substituted (W.) (2.6.2026) by The Infrastructure Consent (Consequential and Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/85), regs. 1(2), 2(b)(ii)(aa)

F12

Words in reg. 4(3A) inserted (W.) (2.6.2026) by The Infrastructure Consent (Consequential and Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/85), regs. 1(2), 2(b)(ii)(bb)

F13

Words in reg. 4 heading inserted (W.) (15.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 8(3)(a)

Commencement

I1

Reg. 4 in force at 25.11.2013, see reg. 1(1)

Footnotes

f1

Relevant amendments to Schedule 6 to the 2008 Act have been made by Chapter 6 of Part 6 of, and Part 20 of Schedule 25 to, the Localism Act 2011 (c. 20).