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Electricity Act 1989
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Changes over time for: Section 106
Changes to legislation:
Electricity Act 1989, Section 106 is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4(1)(da) inserted by 2023 c. 52 s. 205(2)(b)
- s. 4(3CA) inserted by 2023 c. 52 s. 205(3)
- s. 4(3EA) inserted by 2023 c. 52 s. 205(5)
- s. 6(1)(ea) inserted by 2023 c. 52 s. 205(8)(b)
- s. 6(2AA) inserted by 2023 c. 52 s. 205(9)
- s. 6(6E) inserted by 2023 c. 52 s. 205(10)
- s. 8A(1C) inserted by 2023 c. 52 s. 206(6)
- s. 10NA inserted by 2023 c. 52 s. 207(2)
- s. 11E(2)(d) and word inserted by 2013 c. 32 s. 138(5)(b)(iii)
- s. 15(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 3(2)(b) (as substituted) by S.I. 2019/1245 reg. 19 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 43(8) inserted by 2024 c. 13 Sch. 29 para. 9
- s. 44A inserted by 1992 c. 43 s. 23
- s. 44A(6)(b)(i) words substituted by 2013 c. 22 Sch. 9 para. 52
- s. 44B(1)(a)(iiia) inserted by 2023 c. 52 Sch. 17 para. 8
- s. 56C(6)(d) and word inserted by 2013 c. 32 s. 138(5)(d)(ii)
- s. 56CB(7) inserted by 2024 c. 13 Sch. 30 para. 10(5)
106 Regulations and orders.E+W+S
(1)Any power under this Act to make regulations, and any power of the Secretary of State under this Act to make orders (other than the powers conferred by [F1section 23,] paragraph 9(6) of Schedule 4 and paragraph 2 of Schedule 5), shall be exercisable by statutory instrument.
[F2(1ZA)Subsection (1) does not apply to the power conferred on the Scottish Ministers by section 36C.]
[F3(1A)Any power of the Scottish Ministers to make orders under section 32 is exercisable by statutory instrument.]
[F4(1B)Any power of the Welsh Ministers to make orders under section 36 or 36C or paragraph 1(4) of Schedule 9 is exercisable by statutory instrument.]
(2)Any statutory instrument containing—
(a)regulations under this Act made by the Secretary of State [F5(other than regulations under section 56FBA)]; or
(b)an order under this Act (other than an order appointing a day or nominating a company [F6, an order under section 11A, [F727O], 32, [F832LA,] [F932N, 32R(4),] 41A, F10... [F1156A or 56FA]] or an order under paragraph 4 of Schedule 12 to this Act),
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F12(2A)Any statutory instrument containing regulations or an order made by the Welsh Ministers under section 36 or 36C or paragraph 1(4) of Schedule 9 shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.]
[F13(3)Regulations made by the Scottish Ministers under section 36C are subject to the negative procedure.]
Textual Amendments
F1Words in s. 106(1) inserted (1.4.2009) by Energy Act 2008 (c. 32), ss. 96(2), 110(2); S.I. 2009/45, art. 3(b)(ii)
F2S. 106(1ZA) inserted (19.6.2013 for specified purposes, 31.7.2013 in relation to E.W. so far as it is not already in force, 1.12.2013 in relation to S. so far as it is not already in force) by Growth and Infrastructure Act 2013 (c. 27), ss. 20(3)(a), 35(1); S.I. 2013/1488, arts. 2, 5(a), 7
F3S. 106(1A) inserted (26.11.2008) by Energy Act 2008 (c. 32), s. 110(1)(e), Sch. 5 para. 5
F4S. 106(1B) inserted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 49(a) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 5(b)
F5Words in s. 106(2)(a) inserted (11.1.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 19 para. 4; S.I. 2024/32, reg. 2(b)(iii)
F6Words in s. 106(2)(b) inserted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. II para. 39; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
F7Word in s. 106(2)(b) substituted (18.2.2014) by Energy Act 2013 (c. 32), s. 156(2)(h), Sch. 14 para. 2(6)
F8Word in s. 106(2)(b) inserted (18.12.2013) by Energy Act 2013 (c. 32), ss. 55(3), 156(3)
F9Words in s. 106(2)(b) inserted (18.2.2014) by Energy Act 2013 (c. 32), ss. 56(3), 156(2)
F10Word in s. 106(2) omitted (8.6.2010) by virtue of Energy Act 2010 (c. 27), s. 38(3), Sch. para. 10
F11Words in s. 106(2)(b) substituted (26.1.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 5 para. 6; S.I. 2009/45, art. 2(e)(iv)
F12S. 106(2A) inserted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 49(b) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 5(b)
F13S. 106(3) inserted (19.6.2013 for specified purposes, 31.7.2013 in relation to E.W. so far as it is not already in force, 1.12.2013 in relation to S. so far as it is not already in force) by Growth and Infrastructure Act 2013 (c. 27), ss. 20(3)(b), 35(1); S.I. 2013/1488, arts. 2, 5(a), 7
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