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Statutory Instruments
ENERGY
Made
2nd September 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by section 334(1) of the Energy Act 2023(1).
1. These Regulations may be cited as the Energy Act 2023 (Commencement No. 2) Regulations 2024.
2. The day appointed for the coming into force of the following provisions of the Energy Act 2023 is 10th September 2024—
(a)section 156 (fusion energy facilities: nuclear site licence not required);
(b)in Part 6 (governance of gas and electricity industry codes)—
(i)sections 182 to 184 (key definitions for Part 6);
(ii)section 185 (licence under Gas Act 1986 for performance of code management function);
(iii)section 186 (licence under Electricity Act 1989 for performance of code management function);
(iv)sections 187 to 189 (selection of code manager etc.);
(v)sections 190 and 191 (strategic direction statement for designated documents);
(vi)sections 192 to 195 (modifications and directions);
(vii)sections 196 and 197 (general objectives and reports);
(viii)sections 198 and 199 (regulations and interpretation under Part 6);
(ix)section 200 and Schedules 12 and 13 (transitional provision and pension arrangements);
(x)section 201 and Schedule 14 (minor and consequential amendments);
(c)section 209 (power to make consequential etc. amendments in connection with sections 205 to 208);
(d)section 302 (application to the territorial sea of requirement for nuclear site licence).
Hunt of Kings Heath
Minister of State for Energy Security and Net Zero
Department for Energy Security and Net Zero
2nd September 2024
(This note is not part of the Regulations)
These Regulations bring into force on 10th September 2024 specified provisions of the Energy Act 2023 (c. 52) (“the Act”). These are the second set of commencement regulations under the Act.
These Regulations principally commence Part 6 of the Act which makes provision for the governance of gas and electricity industry codes including provision for the licensing and selection of code mangers for the purpose of managing industry codes in the electricity and gas sectors.
The Regulations also commence three other sections of the Act related to licensing arrangements for nuclear sites (sections 156 and 302 of the Act) and a power to make consequential amendments in relation to sections 205 to 208 of the Act which make provision for the licensing of multi-purpose interconnectors (section 209 of the Act).
(This note is not part of the Regulations)
The following provisions of the Energy Act 2023 have been brought into force by commencement Regulations made before the date of these Regulations.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 103 to 106 | 11th January 2024 | S.I. 2024/32 |
| Sections 161 to 165 | 31st January 2024 | S.I. 2024/32 |
| Section 166(1) and (3) to (10) | 31st January 2024 | S.I. 2024/32 |
| Section 167 | 31st January 2024 | S.I. 2024/32 |
| Section 168(1) and (3) to (5) | 31st January 2024 | S.I. 2024/32 |
| Sections 171 to 173 | 31st January 2024 | S.I. 2024/32 |
| Sections 176 to 179 | 31st January 2024 | S.I. 2024/32 |
| Sections 238 to 249 | 11th January 2024 | S.I. 2024/32 |
| Sections 267 to 289 | 11th January 2024 | S.I. 2024/32 |
| Sections 296 to 298 | 11th January 2024 | S.I. 2024/32 |
| Section 299(1) and (2) | 11th January 2024 | S.I. 2024/32 |
| Sections 300 and 301 | 11th January 2024 | S.I. 2024/32 |
| Sections 304(3) (partially)(2) | 11th January 2024 | S.I. 2024/32 |
| Section 310 | 31st January 2024 | S.I. 2024/32 |
| Schedule 6 | 11th January 2024 | S.I. 2024/32 |
| Schedule 11 paragraphs 3, 6, 7 and 8 | 31st January 2024 | S.I. 2024/32 |
| Schedule 19 | 11th January 2024 | S.I. 2024/32 |
| Schedule 20 | 11th January 2024 | S.I. 2024/32 |
| Schedule 21 | 11th January 2024 | S.I. 2024/32 |
Sections 303 and 304 were originally brought into force by S.I. 2024/32 but the commencement of those sections (other than section 304(3) for certain purposes) was revoked by S.I. 2024/98.
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