Energy Act 2023

Interpretation of Part 12

289 Interpretation of Part 12

(1) In this Part—

• “company” means a company within the meaning of section 1 of the Companies Act 2006;

• “continuity of supply of core fuels” is to be interpreted in accordance with section 268(7);

• “core fuel sector activity” has the meaning given by section 268;

• “core fuel sector participant” has the meaning given by section 268(6);

• “core fuel sector resilience” has the meaning given by section 268(5);

• “core fuels” has the meaning given by section 268(4);

• “crude oil” means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation, and includes—

  (a)

  crude oils from which distillate fractions have been removed, and

  (b)

  crude oils to which distillate fractions have been added;

• “crude oil based fuel” means any fuel comprised wholly or mainly of crude oil or substances derived from crude oil;

• “enactment” includes—

  (a)

  an enactment contained in subordinate legislation (as defined in section 21 of the Interpretation Act 1978);

  (b)

  an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;

  (c)

  an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

  (d)

  an enactment contained in, or in an instrument made under, Northern Ireland legislation;

  (e)

  any retained direct EU legislation;

• “enforcement undertaking” has the meaning given by section 284;

• “oil” means—

  (a)

  crude oil;

  (b)

  crude oil based fuels;

  (c)

  components;

• “the owned facility”, in relation to a Part 12 facility owner, has the meaning given by section 268(11);

• “Part 12 facility owner” has the meaning given by section 268(11);

• “person carrying on core fuel sector activities” is to be interpreted in accordance with section 268(13);

• “relevant activities or assets” is to be interpreted in accordance with section 268(10);

• “relevant wetstock manager” has the meaning given by section 273(3);

• “renewable transport fuel” has the meaning given by section 132 of the Energy Act 2004;

• “terminal” means any site for the storage in bulk of oil or renewable transport fuel.

(2) In this Part references to the “capacity” of a business or of a facility or infrastructure are to be interpreted in accordance with section 269(8).

(3) References in this Part to a person carrying on business include references to a person carrying on business in partnership with one or more other persons.

(4) For the purposes of the definition of “oil” in subsection (1) “component” means any substance (whether or not derived from crude oil) of a kind which is mixed with other substances to produce a crude oil based fuel.