The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016

Storage of Carbon Dioxide (Licensing etc.) Regulations 2010

17.—(1) The Storage of Carbon Dioxide (Licensing etc.) Regulations 2010(1) are amended as follows.

(2) After regulation 1 (citation, commencement and interpretation), insert—

“Review

1A.— (1) Before the end of each review period, the Secretary of State must—

(a) carry out a review of regulations 1(2) to 20;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive(2) (which is implemented by means of regulations 1(2) to 20) is implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by regulations 1(2) to 20;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) In this regulation, “review period” means—

(a) the period of five years beginning with the day on which this regulation comes into force; and

(b) subject to paragraph (5), each successive period of five years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.”.

(3) In regulation 3(1) (applications for a licence)—

(a) in sub-paragraph (a), omit “and” in the third place it occurs;

(b) omit sub-paragraph (b).

(1)

S.I. 2010/2221. Regulation 3 is amended by paragraph 79 of the Energy Act 2016, which has not yet been commenced; there are other amending instruments but none is relevant.

(2)

The Directive is defined in regulation 1(3) of S.I. 2010/2221 as Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide.