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The Energy Act 2023 (Commencement No. 5, Saving Provisions) Regulations 2026

S.I. 2026/846 · Made 16 July 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ENERGY

Made 16th July 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by section 334(1) and (7) of the Energy Act 2023f1.

Annotations to the whole text

Footnotes

f1

2023 c. 52.

Contents

  1. 1Citation and interpretation
  2. 2Commencement of section 299(3) to (7) of the Energy Act 2023
  3. 3Saving Provision
  4. Signature
  5. Explanatory note

1Citation and interpretation

(1)

These Regulations may be cited as the Energy Act 2023 (Commencement No. 5, Saving Provisions) Regulations 2026.

(2)

In these Regulations—

  • “the 2012 Regulations” means the Offshore (Oil and Gas) Installation and Pipeline Abandonment Fees Regulations 2012f1;

  • “the appointed day” means 30th September 2026;

  • “proposal to revise a relevant abandonment programme” means an abandonment programme in relation to an offshore installation, or for a submarine pipeline that is not a carbon capture and storage pipeline;

  • “relevant abandonment programme” means an abandonment programme in relation to—

    1. (a)

      an offshore installation, or

    2. (b)

      a submarine pipeline that is not a carbon capture and storage pipeline.

(3)

For the purposes of the definition of “relevant abandonment programme” in paragraph (2)—

(a)

“abandonment programme”, “offshore installation” and “submarine pipeline” have the meanings given in section 45 of the Petroleum Act 1998f2, and

(b)

“carbon capture and storage pipeline” has the meaning given in regulation 1(4) of the 2012 Regulations.

2Commencement of section 299(3) to (7) of the Energy Act 2023

Section 299(3) to (7) of the Energy Act 2023f1 (amendment of provisions in the Petroleum Act 1998 concerning fees relating to abandonment programmesf2) comes into force on the appointed day.

3Saving Provision

(1)

Notwithstanding the coming into force of section 299(3) to (7) of the Energy Act 2023, the legislation specified in paragraph (2) continues to have effect on and after the appointed day as it had effect immediately before that day, for the purposes of paragraphs (3) and (4).

(2)

The legislation is—

(a)

sections 29(5) and 34(4) of the Petroleum Act 1998, and

(b)

the 2012 Regulations.

(3)

A fee relating to the submission of a relevant abandonment programme must be determined and notified in accordance with the 2012 Regulations and paid in accordance with section 29(5) of the Petroleum Act 1998 where, before the appointed day—

(a)

the Secretary of State has received a request to determine a fee relating to that submission, under regulation 3(1)(a) of the 2012 Regulations, or

(b)

the Secretary of State has publishedf1 a draft of that programme.

(4)

A fee relating to a proposal to revise a relevant abandonment programme must be determined and notified in accordance with the 2012 Regulations and paid in accordance with section 34(4) of the Petroleum Act 1998 where, before the appointed day, the Secretary of State has received a request to determine a fee relating to that proposal, under regulation 3(1)(b) of the 2012 Regulations.

Signature

Michael Shanks

Minister of State

Department for Energy Security and Net Zero 

16th July 2026

Explanatory note

(This note is not part of the Regulations)

These Regulations bring into force section 299(3) to (7) of the Energy Act 2023 (c. 52) (“the 2023 Act”). These are the fifth set of regulations commencing provisions of the 2023 Act.

These Regulations bring section 299(3) to (7) of the Petroleum Act 1998 (c. 17) (“the 1998 Act”) into force. Those provisions repeal the Secretary of State’s powers to charge fees under sections 29 and 34 of the 1998 Act, as well as to make related regulations. They also amend the way in which the Secretary of State may recover expenditure incurred under section 33 of the 1998 Act. These changes are made in consequence of the introduction of the new charging regime in section 38C of the 1998 Act. The Secretary of State made the Offshore (Oil and Gas) Installation and Pipeline Abandonment Fees Regulations 2012 (S.I. 2012/949) (“the 2012 Regulations”) under the powers in sections 29 and 34 of the 1998 Act, which these Regulations repeal. The 2012 Regulations determine the fees payable when an abandonment programme (as defined in section 29(1) of the 1998 Act) is submitted to the Secretary of State for approval, or a revision to an abandonment programme is proposed. Although Part 4 of the 1998 Act applies in relation to a carbon storage installation by virtue of section 30 of the Energy Act 2008, the 2012 Regulations do not apply in relation to a carbon storage installation or a carbon capture and storage pipeline (as that term is defined in those Regulations).

Regulation 3 ensures that sections 29(5), 34(4) and 39 of the 1998 Act and the 2012 Regulations remain in operation for the purposes of certain situations in paragraphs (3) and (4).