Energy Act 2013 in Scotland
2013 c. 32 · Enacted 18 December 2013 · Extends to United Kingdom
An Act to make provision for the setting of a decarbonisation target range and duties in relation to it; for or in connection with reforming the electricity market for purposes of encouraging low carbon electricity generation or ensuring security of supply; for the establishment and functions of the Office for Nuclear Regulation; about the government pipe-line and storage system and rights exercisable in relation to it; about the designation of a strategy and policy statement; about domestic supplies of gas and electricity; for extending categories of activities for which energy licences are required; for the making of orders requiring regulated persons to provide redress to consumers of gas or electricity; about offshore transmission of electricity during a commissioning period; for imposing fees in connection with certain costs incurred by the Secretary of State; about smoke and carbon monoxide alarms; and for connected purposes.
[18th December 2013]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1
Annotations to the whole text
Modifications
- C1
Act modified (temp.) (E.W.) (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 7(2), (3)(c), art. 7(4)-(9) (with Sch. 4)
Contents
- Part 1: Decarbonisation
- 1Decarbonisation target range
- 2Matters to be taken into account
- 3Further duties of the Secretary of State
- 4Meaning and calculation of “carbon intensity of electricity generation in the United Kingdom”
- Part 2: Electricity Market Reform
- Chapter 1: General considerations
- 5General considerations relating to this Part
- Chapter 2: Contracts for Difference
- 6Regulations to encourage low carbon electricity generation
- 7Designation of a CFD counterparty
- 8Duties of a CFD counterparty
- 9Supplier obligation
- 10Direction to offer to contract
- 11Standard terms
- 12CFD notifications
- 13Allocation of CFDs
- 14CFD notification: offer to contract on standard terms
- 15Modification of standard terms
- 16Sections 12 to 15: further provision
- 17Payments to electricity suppliers
- 18Application of sums held by a CFD counterparty
- 19Information and advice
- 20Functions of the Authority
- 21Regulations: further provision
- 22Enforcement
- 23Limits on costs to be incurred
- 24Consultation
- 25Shadow directors, etc.
- 26Licence modifications
- Chapter 3: Capacity Market
- 27Power to make electricity capacity regulations
- 28Capacity agreements
- 29Capacity auctions
- 30Settlement body
- 31Functions of the Authority or the national system operator
- 32Other requirements
- 33Electricity capacity regulations: information and advice
- 34Power to make capacity market rules
- 35Provision about electricity demand reduction
- 36Enforcement and dispute resolution
- 37Licence modifications for the purpose of the capacity market
- 38Amendment of enactments
- 39Principal objective and general duties
- 40Regulations under Chapter 3
- 41Capacity market rules: procedure
- 42Capacity market rules: further provision
- 43Pilot scheme for electricity demand reduction
- Chapter 4: Investment contracts
- 44Investment contracts
- Chapter 5: Conflict of interest and contingency arrangements
- 45Modifications of transmission and other licences: business separation Repealed
- 46Power to transfer EMR functions
- 47Orders under section 46: fees and other supplementary provision
- 48Energy administration orders
- Chapter 6: Access to markets etc
- Market participation and liquidity
- 49Power to modify licence conditions etc: market participation and liquidity
- Power purchase agreement scheme
- 50Power to modify licence conditions etc to facilitate investment in electricity generation
- 51Power purchase agreement scheme: regulations
- 52Power purchase agreement scheme: disclosure of information
- 53Principal objective and general duties: power purchase agreement scheme
- Supplementary
- 54Licence modifications under sections 49 and 50: further provisions
- Chapter 7: The renewables obligation: transitional arrangements
- 55Closure of support under the renewables obligation
- 56Transition to certificate purchase scheme
- Chapter 8: Emissions performance standard
- 57Duty not to exceed annual carbon dioxide emissions limit
- 58Introduction of carbon capture and storage: exemption from emissions limit
- 59Suspension etc of emissions limit in exceptional circumstances
- 60Monitoring and enforcement
- 61Interpretation of Chapter 8
- 62Regulations under Chapter 8
- Chapter 9: Miscellaneous
- 63Exemption from liability in damages
- 64Licence modifications: general
- 65Consequential amendments
- 66Review of certain provisions of Part 2
- Part 3: Nuclear Regulation
- Chapter 1: The ONR's purposes
- 67The ONR's purposes
- 68Nuclear safety purposes
- 69Nuclear site health and safety purposes
- 70Nuclear security purposes
- 71Notice by Secretary of State to ONR specifying sensitive nuclear information
- 72Nuclear safeguards purposes
- 73Transport purposes
- Chapter 2: Nuclear regulations
- 74Nuclear regulations
- 75Nuclear regulations: offences
- 76Nuclear regulations: civil liability
- Chapter 2A: Nuclear safeguards
- 76ANuclear safeguards regulations
- 76BPayments in respect of compliance costs
- Chapter 3: Office for Nuclear Regulation
- 77The Office for Nuclear Regulation
- Chapter 4: Functions of the ONR
- Functions of ONR: general
- 78Principal function
- 79Codes of practice
- 80Procedure for issue, revision or withdrawal of codes of practice
- 81Proposals about orders and regulations
- 82Enforcement of relevant statutory provisions
- 83Inspectors
- 84Investigations
- 85Inquiries
- 86Inquiries: payments and charges
- Other functions
- 87Provision of information
- 88Research, training etc
- 89Provision of information or advice to relevant authorities
- 90Arrangements with government departments etc
- 91Provision of services or facilities
- Exercise of functions: general
- 92Directions from Secretary of State
- 93Compliance with nuclear safeguards obligations Repealed
- 94Consent of Secretary of State for certain communications
- 95Power to arrange for exercise of functions by others
- 96Co-operation between ONR and Health and Safety Executive
- Information etc
- 97Power to obtain information
- 98Powers of HMRC in relation to information
- 99HMRC power to seize articles etc to facilitate ONR and inspectors
- 100Disclosure of information
- Fees
- 101Fees
- Chapter 5: Supplementary
- General duties of employers, employees and others
- 102General duty of employees at work in relation to requirements imposed on others
- 103Duty not to interfere with or misuse certain things provided under statutory requirements
- 104Duty not to charge employees for certain things
- Offences
- 105Offences relating to false information and deception
- 106Provision relating to offences under certain relevant statutory provisions
- Civil liability
- 107Civil liability: saving for section 12 of the Nuclear Installations Act 1965
- Supplementary
- 108Reporting requirements of Secretary of State
- 109Notices etc
- 110Electronic delivery of notices etc
- 111Crown application: Part 3
- 112Interpretation of Part 3
- 113Subordinate legislation under Part 3
- 114Transitional provision etc
- 115Transfer of staff etc
- 116Minor and consequential amendments
- 117Application of Part 3
- 118Review of Part 3
- Part 4: Government Pipe-line and Storage System
- 119Meaning of “government pipe-line and storage system”
- 120Rights in relation to the government pipe-line and storage system
- 121Right of entry
- 122Warrants for the purposes of section 121
- 123Registration of rights
- 124Compensation
- 125Right to transfer the government pipe-line and storage system
- 126Application of the Pipe-lines Act 1962
- 127Rights apart from Part 4
- 128Repeals
- 129Power to dissolve the Oil and Pipelines Agency by order
- 130Crown application: Part 4
- Part 5: Strategy and Policy Statement
- 131Designation of statement
- 132Duties in relation to statement
- 133Exceptions from section 132 duties
- 134Review
- 135Procedural requirements
- 136Principal objective and general duties in preparation of statement
- 137Reporting requirements
- 138Consequential provision
- Part 6: Consumer Protection and Miscellaneous
- Chapter 1: Consumer Protection
- Domestic tariffs
- 139Power to modify energy supply licences: domestic supply contracts
- 140Section 139: procedure etc
- 141General duties of Secretary of State
- 142Consequential provision
- Licensable activities
- 143Powers to alter activities requiring licence: activities related to supply contracts
- Consumer redress orders
- 144Consumer redress orders
- 145Fuel poverty
- Chapter 2: Miscellaneous
- Feed-in tariffs
- 146Feed-in tariffs: increase in maximum capacity of plant
- Offshore transmission
- 147Offshore transmission systems
- Fees
- 148Fees for services provided for energy resilience purposes
- 150Smoke and carbon monoxide alarms
- Review
- 151Review of certain provisions of Part 6
- Part 7: Final
- 152Interpretation of Act
- 153Transfer schemes
- 154Financial provisions
- 155Extent
- 156Commencement
- 157Short title
- Schedule 1: CFD counterparties: transfer schemes
- Power to make transfer schemes
- 1Paragraph 1
- Contents of a scheme
- 2Paragraph 2
- Compensation
- 3Paragraph 3
- Schedule 2: Investment contracts
- Part 1: Introductory
- Meaning of “investment contract”
- 1Paragraph 1
- Varied investment contract
- 2Paragraph 2
- Confidential information
- 3Paragraph 3
- Interpretation for the purposes of this Schedule
- 4Paragraph 4
- Investment contract counterparty
- 5Paragraph 5
- Part 2: Regulations: general
- Regulations for the purposes of investment contracts
- 6Paragraph 6
- Supplier obligation
- 7Paragraph 7
- Payments to electricity suppliers
- 8Paragraph 8
- Application of sums
- 9Paragraph 9
- Information and advice
- 10Paragraph 10
- Investment contracts: functions of the Authority
- 11Paragraph 11
- Enforcement
- 12Paragraph 12
- Consultation
- 13Paragraph 13
- Part 3: Further provision about an investment contract counterparty and a CFD counterparty
- Duties and liabilities of an investment contract counterparty and a CFD counterparty
- 14Paragraph 14
- Shadow directors, etc.
- 15Paragraph 15
- Part 4: Transfers
- Transfers
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Part 5: Supplementary
- Licence modifications
- 19Paragraph 19
- Expenditure
- 20Paragraph 20
- Schedule 3: Orders under section 46: transfer schemes
- Power to make transfer schemes
- 1Paragraph 1
- Contents of a scheme
- 2Paragraph 2
- Compensation
- 3Paragraph 3
- Schedule 4: Application and modification of emissions limit duty
- Application of duty: changes to main boilers
- 1Paragraph 1
- Application of duty: generating stations not exporting to a network
- 2Paragraph 2
- Modifications where gasification or CCS plant associated with two or more generating stations
- 3Paragraph 3
- Modifications where carbon capture and storage process used in relation to part of generating station
- 4Paragraph 4
- Modifications of emissions limit duty for changes of circumstance during a year
- 5Paragraph 5
- Schedule 5: Emissions limit duty: monitoring and enforcement
- Matters that may be contained in enforcement regulations
- 1Paragraph 1
- Enforcement notices
- 2Paragraph 2
- Financial penalties
- 3Paragraph 3
- General
- 4Paragraph 4
- 5Paragraph 5
- Interpretation
- 6Paragraph 6
- Schedule 6: Nuclear regulations
- Part 1: Introductory
- Provision that may be made by nuclear regulations
- 1Paragraph 1
- 2Paragraph 2
- Interpretation
- 3Paragraph 3
- Part 2: Examples of provision that may be made by nuclear regulations
- Nuclear installations etc
- 4Paragraph 4
- Research
- 5Paragraph 5
- Import etc
- 6Paragraph 6
- Transport
- 7Paragraph 7
- Licences and approvals
- 8Paragraph 8
- Appointment of persons to carry out specified functions
- 9Paragraph 9
- Restrictions on employment
- 10Paragraph 10
- Instruction, training and supervision etc
- 11Paragraph 11
- Registration, notification and records
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Accidents and other occurrences
- 15Paragraph 15
- 16Paragraph 16
- Schedule 7: The Office for Nuclear Regulation
- Status
- 1Paragraph 1
- Membership
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Terms of appointment
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Remuneration, allowances and pensions etc of non-executive members
- 11Paragraph 11
- Employees and other members of staff
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Committees
- 16Paragraph 16
- Procedure
- 17Paragraph 17
- Performance of functions
- 18Paragraph 18
- Payment of allowances and expenses
- 19Paragraph 19
- Indemnities
- 20Paragraph 20
- Accounts
- 21Paragraph 21
- Strategy
- 22Paragraph 22
- Annual plan
- 23Paragraph 23
- Reporting requirements of the ONR
- 24Paragraph 24
- Laying and publication
- 25Paragraph 25
- Payments and borrowing
- 26Paragraph 26
- Supplementary powers
- 27Paragraph 27
- Financial year
- 28Paragraph 28
- Schedule 8: Inspectors
- Part 1: Appointment and powers of inspectors
- Appointment of inspectors
- 1Paragraph 1
- Powers of inspectors
- 2Paragraph 2
- Part 2: Powers exercisable by inspectors authorised by instrument of appointment: improvement notices and prohibition notices
- Improvement notices
- 3Paragraph 3
- Prohibition notices
- 4Paragraph 4
- Improvement and prohibition notices: supplementary
- 5Paragraph 5
- Appeal against improvement or prohibition notice
- 6Paragraph 6
- Improvement and prohibition notices: offences
- 7Paragraph 7
- Part 3: Other powers exercisable by inspector if authorised by instrument of appointment
- Power of entry
- 8Paragraph 8
- Power to take persons and equipment etc onto premises
- 9Paragraph 9
- Power to deal with cause of imminent danger
- 10Paragraph 10
- Powers exercisable in relation to particular articles or substances or in particular circumstances
- 11Paragraph 11
- 12Paragraph 12
- Powers of inspection and examination and to take samples
- 13Paragraph 13
- 14Paragraph 14
- Powers to require information and documents
- 15Paragraph 15
- 16Paragraph 16
- Offences
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Supplementary powers
- 20Paragraph 20
- 21Paragraph 21
- Protection for documents subject to legal professional privilege etc
- 22Paragraph 22
- Part 4: Supplementary
- Duty to provide information to employees or their representatives
- 23Paragraph 23
- Interpretation
- 24Paragraph 24
- Schedule 9: Disclosure of information
- Part 1: Prohibition on disclosure of protected information
- Meaning of “protected information” and related terms
- 1Paragraph 1
- Part 2: Offences relating to disclosure and use of protected information
- Prohibition on disclosing protected information
- 2Paragraph 2
- Offence of disclosing protected information in contravention of paragraph 2
- 3Paragraph 3
- Offence of using protected information in contravention of a restriction in Part 3
- 4Paragraph 4
- Defence to offences under paragraphs 3 and 4
- 5Paragraph 5
- Penalty for offences under paragraphs 3 and 4
- 6Paragraph 6
- Part 3: Protected information: permitted disclosures and restrictions on use
- Disclosure with appropriate consent
- 7Paragraph 7
- Disclosure by ONR, inspectors etc
- 8Paragraph 8
- Disclosure to the ONR, inspectors etc
- 9Paragraph 9
- Ministers, government departments and certain authorities
- 10Paragraph 10
- Health and safety etc
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Local authorities and water authorities etc
- 14Paragraph 14
- Police
- 15Paragraph 15
- Disclosure required under legislation
- 16Paragraph 16
- Legal proceedings, inquiries and investigations
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Disclosure for safeguards purposes
- 20Paragraph 20
- Anonymised information
- 21Paragraph 21
- Part 4: General
- Interaction with other legislation
- 22Paragraph 22
- 23Paragraph 23
- Schedule 10: Provisions relating to offences
- Interpretation
- 1Paragraph 1
- Venue
- 2Paragraph 2
- Extension of time for bringing summary proceedings
- 3Paragraph 3
- 4Paragraph 4
- Continuation of offences
- 5Paragraph 5
- Offences due to fault of other person
- 6Paragraph 6
- Offences by bodies corporate
- 7Paragraph 7
- Offences by partnerships
- 8Paragraph 8
- Restriction on institution of proceedings in England and Wales
- 9Paragraph 9
- Prosecutions by inspectors in England and Wales
- 10Paragraph 10
- Onus of proving limits of what is practicable etc
- 11Paragraph 11
- Evidence
- 12Paragraph 12
- Power of court to order cause of offence to be remedied
- 13Paragraph 13
- Schedule 11: Transfers to the Office for Nuclear Regulation
- Part 1: Introductory
- 1Paragraph 1
- Part 2: Staff transfer schemes
- Power to make staff transfer schemes
- 2Paragraph 2
- Staff to whom a transfer may apply
- 3Paragraph 3
- Content of a staff transfer scheme
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part 3: Property transfer schemes
- Power to make property transfer schemes
- 7Paragraph 7
- 8Paragraph 8
- Qualifying property
- 9Paragraph 9
- Content of a property transfer scheme
- 10Paragraph 10
- Compensation
- 11Paragraph 11
- Part 4: Procedure for making or modifying schemes under this Schedule
- 12Paragraph 12
- Schedule 12: Minor and consequential amendments relating to Part 3
- Part 1: Amendments of the Health and Safety at Work etc. Act 1974
- Health and Safety at Work etc. Act 1974 (c. 37)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Part 2: Nuclear safety
- Nuclear Installations Act 1965 (c. 57)
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Consequential repeals and revocations
- 30Paragraph 30
- Part 3: Nuclear security
- Anti-terrorism, Crime and Security Act 2001 (c. 24)
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- Part 4: Nuclear safeguards
- Atomic Energy Act 1946 (c. 80)
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25)
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- Nuclear Safeguards Act 2000 (c. 5)
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- Part 5: Other enactments
- Explosives Act 1875 (c. 17)
- 50Paragraph 50 Repealed
- 51Paragraph 51 Repealed
- 52Paragraph 52 Repealed
- Factories Act 1961 (c. 34)
- 53Paragraph 53
- Parliamentary Commissioner Act 1967 (c. 13)
- 54Paragraph 54
- House of Commons Disqualification Act 1975 (c. 24)
- 55Paragraph 55
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 56Paragraph 56
- Employment Protection Act 1975 (c.71)
- 57Paragraph 57
- Civil Aviation Act 1982 (c. 16)
- 58Paragraph 58
- Water Act 1989 (c. 15)
- 59Paragraph 59
- Electricity Act 1989 (c. 29)
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- Radioactive Material (Road Transport) Act 1991 (c. 27)
- 63Paragraph 63
- Water Industry Act 1991 (c. 56)
- 64Paragraph 64
- Water Resources Act 1991 (c. 57)
- 65Paragraph 65
- Radioactive Substances Act 1993 (c. 12)
- 66Paragraph 66 Repealed
- 67Paragraph 67 Repealed
- 68Paragraph 68 Repealed
- Railways Act 1993 (c. 43)
- 69Paragraph 69
- Coal Industry Act 1994 (c. 21)
- 70Paragraph 70
- Deregulation and Contracting Out Act 1994 (c. 40)
- 71Paragraph 71
- Scotland Act 1998 (c. 46)
- 72Paragraph 72
- Greater London Authority Act 1999 (c. 29)
- 73Paragraph 73
- Regulation of Investigatory Powers Act 2000 (c. 23) Not yet in force
- 74Paragraph 74 Not yet in force
- Freedom of Information Act 2000 (c. 36)
- 75Paragraph 75
- Transport Act 2000 (c. 38)
- 76Paragraph 76
- Energy Act 2004 (c. 20)
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- Civil Contingencies Act 2004 (c. 36)
- 81Paragraph 81
- Railways Act 2005 (c. 14)
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- Fire (Scotland) Act 2005 (asp. 5)
- 86Paragraph 86
- Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- Government of Wales Act 2006 (c. 32)
- 90Paragraph 90 Repealed
- National Health Service Act 2006 (c. 41)
- 91Paragraph 91
- Road Safety Act 2006 (c. 49)
- 92Paragraph 92
- Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
- 93Paragraph 93
- Regulatory Enforcement and Sanctions Act 2008 (c. 13)
- 94Paragraph 94
- Energy Act 2008 (c. 32)
- 95Paragraph 95
- 96Paragraph 96
- 97Paragraph 97
- 98Paragraph 98
- 99Paragraph 99
- 100Paragraph 100
- Borders, Citizenship and Immigration Act 2009 (c. 11)
- 101Paragraph 101
- Equality Act 2010 (c. 15)
- 102Paragraph 102
- Health and Social Care Act 2012 (c. 7)
- 103Paragraph 103
- Schedule 13: Transfer schemes under section 129
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 14: Consumer redress orders
- Part 1: Gas consumers
- 1Paragraph 1
- Part 2: Electricity consumers
- 2Paragraph 2