- Latest available (Revised)
- Original (As enacted)
Energy Act 2013, Section 134 is up to date with all changes known to be in force on or before 02 September 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.
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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The Secretary of State must review the strategy and policy statement if a period of 5 years has elapsed since the relevant time.
(2)The “relevant time”, in relation to the strategy and policy statement, means—
(a)the time when the statement was first designated under this Part, or
(b)if later, the time when a review of the statement under this section last took place.
(3)A review under subsection (1) must take place as soon as reasonably practicable after the end of the 5 year period.
(4)The Secretary of State may review the strategy and policy statement at any other time if—
(a)a Parliamentary general election has taken place since the relevant time,
(b)the Authority has given notice to the Secretary of State under section 132(7) since the relevant time,
[F1(ba)the Independent System Operator and Planner has given notice to the Secretary of State under section 165(2) of the Energy Act 2023 since the relevant time,]
(c)a significant change in the energy policy of Her Majesty's government has occurred since the relevant time, or
(d)the Parliamentary approval requirement in relation to an amended statement was not met on the last review (see subsection (12)).
(5)The Secretary of State may determine that a significant change in the government's energy policy has occurred for the purposes of subsection (4)(c) only if—
(a)the change was not anticipated at the relevant time, and
(b)if the change had been so anticipated, it appears to the Secretary of State likely that the statement would have been different in a material way.
[F2(5A)The Secretary of State may also review the strategy and policy statement at any other time if the Secretary of State considers it appropriate to do so in preparation for or in connection with the designation of a person under section 162(1) of the Energy Act 2023 (Independent System Operator and Planner).]
(6)On a review under this section the Secretary of State may—
(a)amend the statement (including by replacing the whole or part of the statement with new content),
(b)leave the statement as it is, or
(c)withdraw the statement's designation as the strategy and policy statement.
(7)The amendment of a statement under subsection (6)(a) has effect only if the Secretary of State designates under section 131 the amended statement as the strategy and policy statement (and the procedural requirements under section 135 apply in relation to any such designation).
(8)For the purposes of this section, corrections of clerical or typographical errors are not to be treated as amendments made to the statement.
(9)The designation of a statement as the strategy and policy statement ceases to have effect upon a subsequent designation of an amended statement as the strategy and policy statement in accordance with subsection (7).
(10)The Secretary of State must consult the following persons before proceeding under subsection (6)(b) or (c)—
(a)the Authority,
[F3(aa)the Independent System Operator and Planner,]
(b)the Scottish Ministers,
(c)the Welsh Ministers, and
(d)such other persons as the Secretary of State considers appropriate.
(11)For the purposes of subsection (2)(b), a review of a statement takes place—
(a)in the case of a decision on the review to amend the statement under subsection (6)(a)—
(i)at the time when the amended statement is designated as the strategy and policy statement under section 131, or
(ii)if the amended statement is not so designated, at the time when the amended statement was laid before Parliament for approval under section 135(7);
(b)in the case of a decision on the review to leave the statement as it is under subsection (6)(b), at the time when that decision is taken.
(12)For the purposes of subsection (4)(d), the Parliamentary approval requirement in relation to an amended statement was not met on the last review if—
(a)on the last review of the strategy and policy statement to be held under this section, an amended statement was laid before Parliament for approval under section 135(7), but
(b)the amended statement was not designated because such approval was not given.
Textual Amendments
F1S. 134(4)(ba) inserted (31.1.2024) by Energy Act 2023 (c. 52), ss. 165(8), 334(1); S.I. 2024/32, reg. 3(a)(ii)
F2S. 134(5A) inserted (31.1.2024) by Energy Act 2023 (c. 52), ss. 165(9), 334(1); S.I. 2024/32, reg. 3(a)(ii)
F3S. 134(10)(aa) inserted (31.1.2024) by Energy Act 2023 (c. 52), ss. 165(10), 334(1); S.I. 2024/32, reg. 3(a)(ii)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: