Explanatory note

Under section 165A(1) of the Energy Act 2023 (“the 2023 Act”) the Independent System Operator and Planner (“ISOP”) must have regard to those plans or documents designated as strategic plans under section 165A(2) (“designated strategic plans”) when carrying out functions relating to network connections. The Secretary of State by notice designated the National Energy System Operator Limited as the ISOP with effect from 1st October 2024.

Under section 16(2A) of the Electricity Act 1989 (c. 29) (the “1989 Act”) when deciding how to comply with their duties under that section, and in particular in deciding how to prioritise persons requiring a connection, electricity distributors must have regard to designated strategic plans.

Under section 17 of the 1989 Act, electricity distributors are exempt from the duty to connect where this would not be in accordance with the designated strategic plans.

Regulation 2 designates the Clean Power 2030 Action Plan as a designated strategic plan. The plan, which sets out a pathway to a clean power system by 2030, was published by the Department for Energy Security and Net Zero, and comprises a main report and three annexes.

The Clean Power 2030 Action Plan has been produced in digital form only, however alternative, accessible formats can be obtained from [email protected].

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or business sectors is foreseen. An Explanatory Memorandum is published alongside these Regulations on www.legislation.gov.uk.