The Energy Act 2023 (Consequential Amendments) Regulations 2024

Part 5 Amendment of Assimilated Law

Amendment of Regulation (EC) 715/2009

39.  In Article 16(5) of Regulation (EC) 715/2009 of the European Parliament and of the Council of 13 July 2009 on the conditions for access to the natural gas transmission networks (principles of capacity-allocation mechanisms and congestion-management procedures concerning transmission system operators)(1), at the end insert—

“When assessing market demand, transmission system operators shall consult the holder of a licence under section 7AA of the Gas Act 1986.”.

Amendment of Commission Regulation (EU) 2016/631

40.  In Article 2 of Commission Regulation (EU) 2016/631 of 14 April 2016 establishing a network code on requirements for grid connection of generators (definitions)(2), in the first unnumbered paragraph, omit “(other than the definition of ‘transmission system operator’ or ‘TSO’)”.

Amendment of Commission Regulation (EU) 2016/1388

41.  In Article 2 of Commission Regulation (EU) 2016/1388 of 17 August 2016 establishing a Network Code on Demand Connection (definitions)(3), in the first unnumbered paragraph, omit “(other than the definition of ‘transmission system operator’ or ‘TSO’)”.

Amendment of Commission Regulation (EU) 2016/1447

42.  In Article 2 of Commission Regulation (EU) 2016/1447 of 26 August 2016 establishing a network code on requirements for grid connection of high voltage direct current systems and direct current-connected power modules (definitions)(4), in the first unnumbered paragraph, omit “(other than the definition of ‘transmission system operator’ or ‘TSO’)”.

Amendment of Commission Regulation (EU) 2017/459

43.  In Article 6 of Commission Regulation (EU) 2017/459 of 16 March 2017 establishing a network code on capacity allocation mechanisms in gas transmission systems (capacity calculation maximisation)(5)—

(a) in paragraph 1(a)(6), after “network users” insert “or the holder of a licence under section 7AA of the Gas Act 1986”;

(b) in paragraph 1(b)(2), after “relevant demand and supply scenarios” insert “having regard to any information provided by the holder of a licence under section 7AA of the Gas Act 1986”.

Amendment of Commission Regulation (EU) 2017/1485

44.  In Commission Regulation (EU) 2017/1485 of 2 August 2017 establishing guidance on electricity transmission system operation(6)—

(a) in Article 3 (definitions)—

(i) in paragraph 1, for “paragraphs 1A and 1B” substitute “paragraph 1A”;

(ii) omit paragraph 1B;

(iii) in paragraph 2, omit point (168) (definition of national electricity transmission system operator);

(b) in Articles 10, 15, 16, 40, 55 and 65 for “national electricity transmission system operator”, in each place it occurs, substitute “transmission system operator”.

Amendment of Regulation (EU) 2017/1938

45.  In Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply(7)—

(a) in Article 7 (risk assessment), in paragraph 6, after “Natural gas undertakings” insert “, the holder of a licence under section 7AA of the Gas Act 1986,”;

(b) in Article 8 (establishment of preventive action plans and emergency plans), in paragraph 2, after “natural gas undertakings,” insert “the holder of a licence under section 7AA of the Gas Act 1986,”.

Amendment of Commission Regulation (EU) 2017/2195

46.  In Article 9 of Commission Regulation (EU) 2017/2195 of 23 November 2017 establishing a guideline on electricity balancing (stakeholder involvement)(8) omit “national electricity”.

Amendment of Commission Regulation (EU) 2017/2196

47.  In Article 53 of Commission Regulation (EU) 2017/2196 of 24 November 2017 establishing a network code on electricity emergency and restoration (stakeholder involvement)(9), omit “national electricity”.

Amendment of Regulation (EU) 2019/943

48.  In Article 2 of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast) (definitions)(10), for the definition of “transmission system operator” or “TSO” substitute—

““transmission system operator” or “TSO” means—

(a)

in relation to the functions set out in section 161(2) of the Energy Act 2023, so far as they relate to electricity, the holder of a licence under section 6(1)(da) of the Electricity Act 1989;

(b)

in relation to the making available for use of all or any part of a transmission system (within the meaning of section 4 of the Electricity Act 1989), a person who is designated as an electricity transmission system operator under section 10H of the Electricity Act 1989 by virtue of being either the holder of a licence granted under section 6(1)(b) of that Act or such a licence holder’s nominated independent system operator;

(c)

in relation to participating in the operation of an electricity interconnector (within the meaning of section 4 of the Electricity Act 1989), a person who is designated as an electricity transmission system operator under section 10H of the Electricity Act 1989, by virtue of being either the holder of a licence under section 6(1)(e) of that Act or such a licence holder’s nominated independent system operator;”.

(1)

EUR 2009/715.

(2)

EUR 2016/631. Article 2 was amended by S.I. 2020/1006.

(3)

EUR 2016/1388. Article 2 was amended by S.I. 2020/1006.

(4)

EUR 2016/1447. Article 2 was amended by S.I. 2020/1006.

(5)

EUR 2017/459.

(6)

EUR 2017/1485. Article 3 was amended by S.I. 2019/533.

(7)

EUR 2017/1938. Article 7(6) was amended by S.I. 2019/531.

(8)

EUR 2017/2195. Article 9 was amended by S.I. 2019/532.

(9)

EUR 2017/2196. Article 53 was amended by S.I. 2019/533.

(10)

EUR 2019/943.