Statutory Instruments
Energy
Made
4th June 2014
The Secretary of State, in exercise of the powers conferred by section 198(2) of the Energy Act 2004(1), makes the following Order:
1.—(1) This Order may be cited as the Energy Act 2004 (Commencement No. 11) Order 2014.
(2) In this Order, “the Act” means the Energy Act 2004.
2. For all remaining purposes, section 89 (activities offshore requiring 1989 Act licences) and section 180(1) (meaning of ‘high voltage line’) of the Act come into force on 10th June 2014.
Michael Fallon
Minister of State
Department of Energy and Climate Change
4th June 2014
(This note is not part of the Order)
This Order brings into force on 10th June 2014 section 89 (activities offshore requiring 1989 Act licences) and section 180(1) (meaning of ‘high voltage line’) of the Energy Act 2004 (the Act) for all remaining purposes.
Section 89(1) and (4) of the Act inserts a definition in relation to ‘generate’ into section 4(4) (prohibitions on unlicensed supply etc.) and section 64(1) (interpretation of Part 1) of the Electricity Act 1989 (c.29) (the 1989 Act). Section 89(2) of the Act inserts subsection (5), which contains definitions in relation to ‘relevant place’ and ‘system’, into section 4 of the 1989 Act. Section 89(3) of the Act applies the definition of ‘premises’ from section 4 of the 1989 Act to section 6 (licences authorising supply etc.) of that Act. Section 180(1) of the Act substitutes new definitions for ‘high voltage line’ and ‘low voltage line’ into section 64(1) of the 1989 Act.
Section 44(3) (offshore electricity transmission) of the Energy Act 2008 (c.32) is being commenced by the Energy Act 2008 (Commencement No. 6) Order 2014 for all remaining purposes. Section 44(3) of the Energy Act 2008 inserts a new definition in relation to ‘relevant offshore line’ into section 64 of the 1989 Act for the purposes of the definition of ‘high voltage line’ in section 64(1) of that Act.
(This note is not part of the Order)
The following provisions of the Energy Act 2004 have been brought into force by commencement orders made before the date of this Order—
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1, 2, 10, 72, 73, 74 and 75 and Schedules 1 and 15. | 27th July 2004 | 2004/1973 (C. 87) |
| Sections 3, 4, 5(1), 6, 9, 13 and 22. Sections 36 and 37 (partially). Sections 133 and 134. Section 135 (partially). Sections 137(1) to (4) and (7), 138, 140(2) to (4), 142 and 144. Sections 190 to 196 (partially). Schedules 3 and 17. | 24th August 2004 | 2004/2184 (C. 95) |
| Section 135 in so far as it was not already in force. Sections 136, 137(5) and (6), 141, 143 and 197(8). Section 197(9) (partially). Schedules 18 and 19. Schedule 23 (partially). | 1st September 2004 | 2004/2184 (C. 95) |
| Sections 5(2) to (9), 7, 8, 14 to 21 and 23 to 35. Sections 36 and 37, in so far as they were not already in force. Sections 38 to 50, 76 to 88, 94, 101, 102(1) and (4), 103(2) and (4), 104, 115 to 132, 154 to 176, 178, 181 and 183 to 189. Sections 190 to 196, in so far as they were not already in force. Section 197(1) to (7). Section 197(9) and (10) (partially). Schedules 4 to 9, 20 to 22 and Part 1 of Schedule 23 (partially). Schedule 23 Part 2, paragraph 2. | 5th October 2004 | 2004/2575 (C. 110) |
| Sections 145(1), (3) and (5) to (7), 146(1) to (5) and (7), 147(1) to (4) and (6) to (8), 148, 149(1), (3), (5) to (9) and (11), 150(1) to (5) and (7) to (10) and 152. Section 197(9) (partially) and Part 1 of Schedule 23 (partially). | 1st December 2004 | 2004/2575 (C. 110) |
| Section 51(1). Section 51(2) (partially). Sections 52(1) and (6), 53(1), (2), (4) and (5) and 63. Section 69(1) (partially). Sections 69(2) and (3) and 71. Section 89 (partially). Section 93. Section 99 (partially). Paragraphs 1 to 5 and 10 to 18 of Schedule 10. Schedules 11 and 13. Paragraphs 1, 2, 4, 6 and 7 of Schedule 14. | 1st March 2005 | 2005/442 (C. 20) |
| Sections 11 and 12 and Schedule 2 | 31st March 2005 | 2005/442 (C. 20) |
| Section 51(2) (partially). Sections 52(2) to (5) and (7), 53(3), 54 to 62 and 64 to 68. Section 69(1) (partially). Sections 70, 102(5), 103(3), 146(6) and 150(6). Section 197(9) and (10) (partially). Paragraphs 6 to 9 of Schedule 10. Schedule 12. Paragraphs 3, 5 and 8 to 11 of Schedule 14. Part 1 of Schedule 23 (partially). Paragraphs 1 and 3 of Part 2 of Schedule 23. | 1st April 2005 | 2005/877 (C. 38) |
| Section 99(1) (partially). Section 100. | 1st September 2005 | 2005/442 (C. 20) |
| Sections 95 to 98. Section 99(1) in so far as it was not already in force. Sections 102(2) and (3) and 105 to 114. Schedule 16 (partially). | 1st October 2005 | 2005/877 (C. 20) |
| Section 177 | 1st November 2005 | 2005/2965 (C. 127) |
| Section 103(1). Section 197(9) and Part 1 of Schedule 23 (partially). | 1st January 2006 | 2005/877 (C. 38) |
| Sections 179 and 197(9) and Part 1 of Schedule 23 (partially) | 1st April 2006 for certain purposes; 1st April 2010 for the remaining purposes | 2005/2965 (C. 127) |
| Sections 145(2) and (4), 147(5), 149(2), (4) and (10), 151 and 153 | 14th August 2006 | 2006/1964 (C. 66) |
| Section 182. Paragraph 7 of Schedule 16. | 6th April 2007 | 2007/1091 (C. 47) |
| Section 92 | 20th May 2009 | 2009/1269 (C. 67) |
| Sections 90 and 91 | 20th June 2009 | 2009/1269 (C. 67) |
| Section 89 and 180(1) (partially) | 29th July 2010 | 2010/1889 (C. 98) |