- Latest available (Revised)
- Point in Time (28/04/2022)
- Original (As enacted)
Point in time view as at 28/04/2022.
Energy Act 2004, Cross Heading: Supplementary provisions of Chapter 2 of Part 2 is up to date with all changes known to be in force on or before 08 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The 1989 Act is amended as follows.
(2)In section 61(2) (concurrent proceedings for compulsory purchase and in respect of consents under section 36 of that Act), at the end insert “ and with any related proceedings under Schedule 16 to the Energy Act 2004 ”.
(3)In section 62(3) (power to combine inquiries)—
(a)in paragraph (a), after “this Part” insert “ or Schedule 16 to the Energy Act 2004 ”; and
(b)in paragraph (b), after “this Part” insert “ , that Schedule ”.
(4)In section 64(1) (interpretation of Part 1)—
(a)after the definition of “authorised supplier” insert—
““construct” and “construction”, in relation to so much of a generating station as comprises or is to comprise renewable energy installations, has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004;”;
(b)after the definitions of “relevant condition” and “relevant requirement” insert—
““renewable energy installation” and “Renewable Energy Zone” have the same meanings as in Chapter 2 of Part 2 of the Energy Act 2004;”.
(5)After section 108 insert—
(1)Where by virtue of this Act an act or omission taking place outside Great Britain constitutes an offence, proceedings for the offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Great Britain.
(2)Provision made by or under this Act in relation to places outside Great Britain—
(a)so far as it applies to individuals, applies to them whether or not they are British citizens; and
(b)so far as it applies to bodies corporate, applies to them whether or not they are incorporated under the law of a part of the United Kingdom.”
Commencement Information
I1S. 102(1)(4) in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1
I2S. 102(2)(3) in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2
I3S. 102(5) in force at 1.4.2005 by S.I. 2005/877, art. 2(1), Sch. 1
(1)In section 8 of the Continental Shelf Act 1964 (c. 29) (application of Submarine Telegraph Act 1885 to pipelines and submarine cables)—
(a)in subsection (1), omit “high-voltage”; and
(b)in subsection (1A), for the words from “pipe-lines under the high seas” onwards substitute “ submarine cables and pipe-lines under the high seas includes a reference to submarine cables and pipe-lines under the territorial sea adjacent to the United Kingdom or under waters in an area designated under section 1(7) of this Act ”.
(2)In section 23 of the Police and Criminal Evidence Act 1984 (c. 60) (meaning of premises)—
(a)in the definition of “premises”, for the “and” at the end of paragraph (b) substitute—
“(ba)any renewable energy installation;”;
(b)after the definition of “offshore installation” insert—
““renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004.”
(3)In section 10(10) of the Petroleum Act 1998 (c. 17) (section to apply to installations in transit), after “transit” insert “ but does not apply to an installation that is a renewable energy installation (within the meaning of Chapter 2 of Part 2 of the Energy Act 2004) ”.
(4)After section 47 of that Act insert—
(1)The matters to which the Secretary of State may have regard, in exercising or performing the powers and duties conferred or imposed on him by or under this Act, include, in particular—
(a)activities in relevant waters for or in connection with the generation of electricity;
(b)proposals made by a person to carry on such activities;
(c)the proposals that it appears to the Secretary of State may be made in the future for the carrying on of such activities; and
(d)the likelihood that activities will in due course be carried on in accordance with proposals falling within paragraph (b) or (c).
(2)The reference in subsection (1) to activities in connection with the generation of electricity in relevant waters includes—
(a)the transmission, distribution and supply of the electricity generated; and
(b)the doing of anything (whether by way of investigations, trials or feasibility studies or otherwise) with a view to ascertaining whether activities in relevant waters for or in connection with the generation of electricity are, in a particular case, practicable or commercially viable, or both.
(3)In this section—
“distribution”, “generate”, “supply” and “transmission”, and cognate expressions, have the same meanings as in Part 1 of the Electricity Act 1989; and
“relevant waters” means—
waters in or adjacent to the United Kingdom up to the seaward limits of the territorial sea; or
waters in a Renewable Energy Zone (within the meaning of Chapter 2 of Part 2 of the Energy Act 2004).”
Commencement Information
I4S. 103(1) in force at 1.1.2006 by S.I. 2005/877, art. 2(3), Sch. 3
I5S. 103(2)(4) in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1
I6S. 103(3) in force at 1.4.2005 by S.I. 2005/877, art. 2(1), Sch. 1
(1)In this Chapter—
“construct”, in relation to an installation or an electric line or in relation to a generating station so far as it is to comprise renewable energy installations, includes—
placing it in or upon the bed of any waters;
attaching it to the bed of any waters;
assembling it;
commissioning it; and
installing it;
and “construction” is to be construed accordingly;
“decommission”, in relation to an installation or an electric line, includes—
removing it from the bed of any waters;
demolishing it; and
dismantling it;
“distribution” and “electric line” have the same meanings as in Part 1 of the 1989 Act;
“extend” and “extension”—
in relation to a generating station, have the same meanings as in Part 1 of the 1989 Act; and
in relation to an installation, have the same meanings as in relation to a generating station;
“installation” includes artificial island, structure and device;
“master” includes—
in relation to a hovercraft, the captain;
in relation to any submersible apparatus, the person in charge of the apparatus; and
in relation to an installation in transit, the person in charge of the transit operation;
“renewable energy installation” is to be construed in accordance with subsections (3) to (5);
“Renewable Energy Zone” has the meaning given by section 84(4);
“safety zone” means an area which is a safety zone for the purposes of this Chapter by virtue of section 95;
“Scottish part”, in relation to a Renewable Energy Zone, means so much of that Zone as is designated under section 84(5);
“Scottish waters” means—
the internal waters of the United Kingdom that are in or are adjacent to Scotland; or
so much of the territorial sea of the United Kingdom as is adjacent to Scotland;
“submersible apparatus” has the meaning given by section 88(4) of the Merchant Shipping Act 1995 (c. 21);
“supply”, in relation to electricity, has the same meaning as in Part 1 of the 1989 Act;
“transmission”, in relation to electricity, has the same meaning as in Part 1 of the 1989 Act;
“vessel” includes—
a hovercraft;
any submersible apparatus; and
an installation in transit.
[F1“Welsh waters” means so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Wales, and the Welsh zone;]
[F1“Welsh zone” has the meaning given in section 158 of the Government of Wales Act 2006.]
(2)References in this Chapter to the production of energy from water include, in particular, references to its production from currents and tides.
(3)In this Chapter “renewable energy installation” means—
(a)an offshore installation used for purposes connected with the production of energy from water or winds;
(b)an installation in the course of construction at a place where it is to be used as an offshore installation within paragraph (a);
(c)an installation that has ceased to be an installation within paragraph (a) while remaining an offshore installation (whether or not at the same place);
(d)an installation that is being decommissioned at a place where it has been an installation within paragraph (a) or (c);
(e)an installation in transit to or from a place where it is to be, or has been, used for purposes that would make it, or made it, an installation within paragraph (a);
(f)an installation in transit to or from a place where it is to be, or was, an installation within paragraph (c).
(4)In subsection (3) “offshore installation” means an installation which is situated in waters where—
(a)it permanently rests on, or is permanently attached to, the bed of the waters; and
(b)it is not connected with dry land by a permanent structure providing access at all times for all purposes.
(5)The purposes referred to in subsection (3)(a) include, in particular—
(a)the transmission, distribution and supply of electricity generated using water or winds; and
(b)the doing of anything (whether by way of investigations, trials or feasibility studies or otherwise) with a view to ascertaining whether the generation of electricity in that manner is, in a particular case, practicable or commercially viable, or both.
(6)Provision made by or under this Chapter in relation to places outside the United Kingdom—
(a)so far as it applies to individuals, applies to them whether or not they are British citizens; and
(b)so far as it applies to bodies corporate, applies to them whether or not they are incorporated under the law of a part of the United Kingdom.
Textual Amendments
F1Words in s. 104(1) inserted (1.4.2019) by Wales Act 2017 (c. 4), ss. 41(6), 71(4) (with Sch. 7 paras. 1, 6, 8, 10); S.I. 2017/1179, reg. 5(a)
Commencement Information
I7S. 104 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1
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 without 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?
The Whole Act without Schedules 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 Whole Act without 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?
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: