{
  "url": "https://openlegislation.uk/carbon-capture-readiness-electricity-generating-stations-regulations-2013/regulation-4",
  "json_url": "https://openlegislation.uk/carbon-capture-readiness-electricity-generating-stations-regulations-2013/regulation-4.json",
  "legislation": "uksi/2013/2696",
  "legislation_title": "The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/carbon-capture-readiness-electricity-generating-stations-regulations-2013",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Changes to development consent orders and infrastructure consent orders: determination of carbon capture readiness and requirements to be imposed where CCR conditions are met",
  "text": "(1) The Secretary of State must not—\n(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\n(b) change a relevant consent order in such a way as to enable a combustion plant to increase its rated electrical output,\nunless 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”) (but see paragraph (1A)).\n(1A) The Welsh Ministers must not—\n(a) change a consent order or 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\n(b) change a relevant consent order or a 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,\nunless 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”).\n(2) The Secretary of State’s determination under paragraph (1) and the Welsh Ministers’ determination under paragraph (1A) must be made on the basis of—\n(a) a CCR assessment of the modified plant prepared by—\n(i) where an application was made for the consent order to be changed, the person who made the application;\n(ii) the operator of the combustion plant; or\n(iii) a person who intends to operate the combustion plant; and\n(b) any other available information, particularly concerning the protection of the environment and human health.\n(3) If the Secretary of State—\n(a) determines under paragraph (1) that the CCR conditions are met in relation to a combustion plant; and\n(b) decides to—\n(i) change a consent order in respect of that plant in the way described in paragraph (1)(a); or\n(ii) change a relevant consent order in respect of that plant in the way described in paragraph (1)(b),\nthe 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.\n(3A) If the Welsh Ministers—\n(a) determine under paragraph (1A) that the CCR conditions are met in relation to a combustion plant; and\n(b) decide to—\n(i) change a consent order or an infrastructure consent order in respect of that plant in the way described in paragraph (1A)(a); or\n(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),\nthe Welsh Ministers must ensure that the consent order (as changed) , infrastructure consent order (as changed) or 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.\n(4) In this regulation, “change” means to make a change using the powers conferred by Schedule 6 to the 2008 Act.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 4 in force at 25.11.2013, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "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)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/2696/regulation/4",
    "retrieved_at": "2026-10-29T00:37:08.832744+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}