I350 S. 277 not in force at Royal Assent, see s. 334(1) I351 S. 277 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(iv) 278 Disclosure of information by HMRC (1) His Majesty’s Revenue and Customs (or anyone acting on their behalf) may disclose information to the Secretary of State for the purpose of facilitating the exercise by the Secretary of State of functions relating to core fuel sector resilience. (2) A person who receives information as a result of this section may not— (a) use the information for a purpose other than that mentioned in subsection (1), (b) further disclose the information, except with the consent of the Commissioners for His Majesty’s Revenue and Customs (which may be general or specific). (3) If a person discloses information in contravention of subsection (2)(b) which relates (a) is specified in the disclosure, or section 19 of the Commissioners for Revenue and Customs Act 2005 (offence of wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of information in contravention of section 20(9) of that Act. (4) This section does not limit the circumstances in which information may be disclosed under section 18(2) of the Commissioners for Revenue and Customs Act 2005 or under any other enactment or rule of law. (5) Nothing in this section authorises the making of a disclosure which— (a) contravenes the data protection legislation (as defined in section 3 of the Data (b) is prohibited by any of Parts 1 to 7 of, or Chapter 1 of Part 9 of, the Investigatory Powers Act 2016. In determining whether a disclosure would fall within paragraph (a) or (b), the powers conferred by this section are to be taken into account. I352 S. 278 not in force at Royal Assent, see s. 334(1)

Part 12 – Core fuel sector resilience Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) I353 S. 278 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(iv) Appeal against notice or direction 279 Appeal against notice or direction (1) A person to whom a direction under section 269 or a notice under section 273 or 274(4) is given may appeal to the First-tier Tribunal against the direction or notice on the ground that the decision to give it— (a) is based on an error of fact, (c) is unfair or unreasonable. (2) On an appeal under this section the Tribunal may— (a) confirm or cancel the direction or notice, or (b) refer the matter back to the Secretary of State for reconsideration with such directions (if any) as the Tribunal considers appropriate. I354 S. 279 not in force at Royal Assent, see s. 334(1) I355 S. 279 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(v) (1) It is an offence for a person to make a statement which the person knows is false or (a) in responding to a requirement imposed by the Secretary of State— (i) under section 273 (power to require information), (ii) under section 274(4) (duty to report incidents), or (iii) under regulations under section 276 (provision of information at (b) in making any other statement to the Secretary of State in connection with any of the Secretary of State’s functions under this Part. (2) A person who commits an offence under this section is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both); (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

Part 12 – Core fuel sector resilience Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (d) on conviction on indictment, to imprisonment for a term not exceeding 2 years I356 S. 280 not in force at Royal Assent, see s. 334(1) I357 S. 280 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(vi) 281 Offences under regulations (1) This section applies to regulations under— (a) section 272 (corresponding powers to make regulations); (b) section 276 (provision of information at specified intervals). (2) Regulations to which this section applies may provide for an offence under the (b) either summarily or on indictment. (3) Regulations to which this section applies may provide for an offence under the regulations that is triable either way to be punishable— (a) on summary conviction in England and Wales with imprisonment for a term not exceeding the period specified or a fine (or both); (b) on summary conviction in Scotland or Northern Ireland with imprisonment for a term not exceeding the period specified or a fine not exceeding the statutory (c) on conviction on indictment, with imprisonment for a term not exceeding the period specified, which may not exceed two years, or a fine (or both). (4) A period specified under subsection (3) (a) may not exceed the general limit in a (5) A period specified under subsection (3)(b) may not exceed— (a) in relation to Scotland, 12 months; (b) in relation to Northern Ireland, 6 months.
(6) Regulations to which this section applies may provide for a summary offence under the regulations to be punishable— (a) with imprisonment for a term not exceeding the period specified, (i) in England and Wales, a fine (or a fine not exceeding an amount specified, which must not exceed level 4 on the standard scale), or (ii) in Scotland or Northern Ireland, a fine not exceeding the amount specified, which must not exceed level 5 on the standard scale, or (7) A period specified under subsection (6)(a) may not exceed— (a) in relation to England and Wales— (i) 6 months, in relation to offences committed before the date on which section 281(5) of the Criminal Justice Act 2003 comes into force, or (ii) 51 weeks, in relation to offences committed on or after that date,

Part 12 – Core fuel sector resilience Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (b) in relation to Scotland, 12 months, (c) in relation to Northern Ireland, 6 months. (8) In this section “specified” means specified in the regulations. I358 S. 281 not in force at Royal Assent, see s. 334(1) I359 S. 281 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(vi) Proceedings for an offence under this Part (including an offence created by regulations (a) may not be brought in England and Wales except by or with the consent of the Secretary of State or the Director of Public Prosecutions; (b) may not be brought in Northern Ireland except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland. I360 S. 282 not in force at Royal Assent, see s. 334(1) I361 S. 282 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(vi) 283 Liability of officers of entities (1) Where an offence under this Part committed by a body corporate is proved— (a) to have been committed with the consent or connivance of an officer of the (b) to be attributable to neglect on the part of an officer of the body corporate, that officer (as well as the body corporate) commits the offence and is liable to be proceeded against and dealt with accordingly. (2) In subsection (1) “officer”, in relation to a body corporate, means— (a) any director, manager, secretary or other similar officer of the body corporate, (b) any person purporting to act in any such capacity. (3) In subsection (2) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. (4) Where an offence under this Part is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, or to be attributable to any neglect on the part of a partner, that partner (as well as the partnership) commits the offence and is liable to be proceeded against and dealt with I362 S. 283 not in force at Royal Assent, see s. 334(1)

Part 12 – Core fuel sector resilience Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) I363 S. 283 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(vi) (1) Subsection (2) applies if— (a) the Secretary of State has reasonable grounds to suspect that a person has committed an offence falling within subsection (5), (b) the person offers to the Secretary of State an enforcement undertaking in respect of the relevant act or omission, and (c) the Secretary of State accepts that undertaking. (2) Unless the person has failed to comply with the undertaking (or any part of it) the person may not at any time be convicted of that offence in respect of the relevant act (3) In this Part “enforcement undertaking” means an undertaking to take, within any period specified in the undertaking, action— (a) for any of the purposes in subsection (4), or (b) of a description specified in regulations made by the Secretary of State. (4) The purposes mentioned in subsection (3) are— (a) to secure that the offence does not continue or recur, (b) to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed, or (c) to benefit any person affected by the offence. (5) The following offences fall within this subsection— (i) section 271 (failure to comply with a direction), (ii) section 275 (contravention of requirement under section 273 or 274), (iii) section 280 (false statements etc); (b) an offence, other than an offence triable only summarily, that is created by (i) section 272 (corresponding powers to make regulations), or (ii) section 276 (provision of information at regular intervals). (6) The reference in subsection (4)(c) to action to “benefit any person affected by the offence” includes action by way of the payment of a sum of money. (7) Where a person from whom the Secretary of State has accepted an enforcement undertaking has failed to comply fully with the undertaking but has complied with part of it, the partial compliance must be taken into account in any decision whether to institute any criminal proceedings in respect of the offence in question. (8) In this section “relevant act or omission” means an act or omission of the person to which the grounds mentioned in subsection (1)(a) relate. (9) Regulations under subsection (3)(b) are subject to the affirmative procedure. Part 12 – Core fuel sector resilience Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023.
(See end of Document for details) (10) Schedule 20 contains further provision about enforcement undertakings, including I364 S. 284 not in force at Royal Assent, see s. 334(1) I365 S. 284 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(vii) 285 criminal and civil sanctions (1) The Secretary of State must issue guidance as to— (a) the sanctions (including criminal sanctions) to which a person who commits an offence under this Part may be liable, (b) the action which the Secretary of State may take to enforce offences under this Part, whether by virtue of section 284 and Schedule 20 or otherwise, and (c) the circumstances in which the Secretary of State is likely to take any such (a) must issue guidance about how the Secretary of State intends to exercise the Secretary of State’s functions under section 284 and Schedule 20; (b) must have regard to the guidance in exercising the Secretary of State’s functions under those provisions. (3) Before issuing guidance under this section, the Secretary of State must— (a) prepare a draft of the proposed guidance; (b) consult such persons as the Secretary of State considers appropriate; (c) comply with the requirements of section 286. (4) The Secretary of State may from time to time revise guidance issued under this section (5) Subsection (3) applies to revised guidance as it applies to the original guidance. (6) The Secretary of State must arrange for the publication of guidance (or revised guidance) issued under this section. I366 S. 285 not in force at Royal Assent, see s. 334(1) I367 S. 285 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(viii)

Part 12 – Core fuel sector resilience Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) 286 Parliamentary scrutiny (1) Before issuing guidance under section 285, the Secretary of State must lay a draft of the proposed guidance before both Houses of Parliament. (2) The Secretary of State must not issue the guidance until after the period of 40 days (a) the day on which the draft is laid before both Houses of Parliament, or (b) if the draft is laid before the House of Lords on one day and the House of Commons on another, the later of those two days. (3) If before the end of that period either House resolves that the guidance should not be issued, the Secretary of State may not issue it. (4) In reckoning any period of 40 days for the purposes of subsection (2), no account is to be taken of any time during which— (a) Parliament is dissolved or prorogued, or (b) both Houses are adjourned for more than four days. I368 S. 286 not in force at Royal Assent, see s. 334(1) I369 S. 286 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(viii) 287 Financial assistance for resilience and continuity purposes (1) The Secretary of State may, with the consent of the Treasury, provide financial assistance to a core fuel sector participant for the purpose of— (a) maintaining or improving core fuel sector resilience, or (b) securing or maintaining continuity of supply of core fuels. (2) Financial assistance under this section may be given in any form. (3) Financial assistance under this section may, in particular, be given by way of— (d) the acquisition of shares or any other interest in, or securities of, a body (e) the acquisition of any undertaking or assets, or (f) incurring expenditure for the benefit of the person assisted. (4) Financial assistance under this section may be given on such terms and conditions as the Secretary of State considers appropriate (including provision for repayment, with

Part 12 – Core fuel sector resilience Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (5) The Secretary of State is not authorised by this section to give financial assistance in the way described in subsection (3)(d) without the consent of the body corporate I370 S. 287 not in force at Royal Assent, see s. 334(1) I371 S. 287 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(ix) (1) The Secretary of State may by regulations amend or modify any provision mentioned in subsection (2) for the purpose of varying any amount for the time being specified (a) section 269(7) (directions to core fuel sector participants); (b) section 272(5) (corresponding powers to make regulations); (c) section 273(1) (power to require information); (d) section 274(2)(a) and (b) (duty to report incidents); (e) section 276(1) (provision of information at specified intervals). (3) Regulations under this section are subject to the affirmative procedure. I372 S. 288 not in force at Royal Assent, see s. 334(1) I373 S. 288 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(x) “company” means a company within the meaning of section 1 of the “continuity of supply of core fuels” is to be interpreted in accordance “core fuel sector activity” has the meaning given by section 268; “core fuel sector participant” has the meaning given by section 268(6); “core fuel sector resilience” has the meaning given by section 268(5); “core fuels” has the meaning given by section 268(4); “crude oil” means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation, and (a) crude oils from which distillate fractions have been removed, and

Part 12 – Core fuel sector resilience Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023.
(See end of Document for details) (b) crude oils to which distillate fractions have been added; “crude oil based fuel” means any fuel comprised wholly or mainly of crude oil or substances derived from crude oil; (a) an enactment contained in subordinate legislation (as defined in section 21 of the Interpretation Act 1978); (b) an enactment contained in, or in an instrument made under, a Measure (c) an enactment contained in, or in an instrument made under, an Act of (d) an enactment contained in, or in an instrument made under, Northern (e) any retained direct EU legislation; “enforcement undertaking” has the meaning given by section 284; “the owned facility”, in relation to a Part 12 facility owner, has the meaning “Part 12 facility owner” has the meaning given by section 268(11); “person carrying on core fuel sector activities” is to be interpreted in accordance with section 268(13); “relevant activities or assets” is to be interpreted in accordance “relevant wetstock manager” has the meaning given by section 273(3); “renewable transport fuel” has the meaning given by section 132 of the “terminal” means any site for the storage in bulk of oil or renewable (2) In this Part references to the “capacity” of a business or of a facility or infrastructure are to be interpreted in accordance with section 269(8). (3) References in this Part to a person carrying on business include references to a person carrying on business in partnership with one or more other persons. (4) For the purposes of the definition of “oil” in subsection (1) “component” means any substance (whether or not derived from crude oil) of a kind which is mixed with other substances to produce a crude oil based fuel. I374 S. 289 not in force at Royal Assent, see s. 334(1) I375 S. 289 in force at 11.1.2024 by S.I. 2024/32, reg. 2(c)(xi)

Part 13 – Offshore wind electricity generation, oil and gas Chapter 1 – Offshore wind electricity generation Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) 290 Meaning of “relevant offshore wind activity” (1) In this Chapter, “relevant offshore wind activity” means— (a) the planning, construction, operation or decommissioning of offshore wind electricity infrastructure, or (b) the identification of an area for activity within paragraph (a) (whether or not any particular offshore wind electricity infrastructure is in contemplation). (2) In subsection (1), “offshore wind electricity infrastructure” means— (a) a generating station, in the UK marine area, that generates electricity from wind (an “offshore wind generating station”), or (b) infrastructure, in the UK marine area, used or intended for use in connection (i) an offshore wind generating station, or (ii) the conveyance of electricity generated by an offshore wind (3) For the purposes of the reference in subsection (2) (b)(ii) to infrastructure used or intended for use in connection with the conveyance of electricity generated by an offshore wind generating station, it does not matter whether the infrastructure is also used or intended for use in connection with the conveyance of electricity generated I376 S. 290 in force at 26.12.2023, see s. 334(3)(j) 291 Strategic compensation for adverse environmental effects (1) This section applies where a public authority is subject to one or more environmental compensation obligations in relation to relevant offshore wind activities. (2) “Environmental compensation obligation” means— (a) a statutory duty (however expressed) to secure that measures are taken to compensate for adverse environmental effects of an activity, or (b) a statutory condition (however expressed) requiring a public authority, before granting consent for the doing of an act by a person (“P”) in connection with an activity, to be satisfied that P will take or secure the taking of measures to compensate for adverse environmental effects of the act. (3) The public authority may determine that—

Part 13 – Offshore wind electricity generation, oil and gas Chapter 1 – Offshore wind electricity generation Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (a) measures taken or secured by the authority in the exercise of any of its (b) measures to be taken or secured by the authority in the exercise of any of its are to count towards discharging the environmental compensation obligation or obligations to which the authority is subject. (4) In this Chapter, “adverse environmental effect” means— (a) anything that adversely affects the integrity of any site comprised in the (b) anything that hinders the achievement of the conservation objectives stated (5) The measures referred to in subsection (3) may be measures taken at the site or sites of the activities to which the measures relate or elsewhere. “the national site network” has the same meaning as in the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012); “protected marine area” means an area designated under— (a) section 116 of the Marine and Coastal Access Act 2009 or section 13 of the Marine Act (Northern Ireland) 2013 (c. 10 (N.I.)) (marine (b) section 67(1)(a) of the Marine (Scotland) Act 2010 (asp 5) (marine “statutory”, in relation to a duty or condition, means imposed by or under (7) For the purposes of subsection (3), a public authority (“authority A”) may, with the consent of another public authority (“authority B”), treat measures taken or secured (or to be taken or secured) by authority B as taken or secured (or to be taken or secured) by authority A in the exercise of any of its functions.
(8) In subsection (4)(b), the reference to the conservation objectives stated for a protected marine area is a reference to the conservation objectives stated for the area pursuant to (as the case may be) section 117(2)(b) of the Marine and Coastal Access Act 2009, section 14(2)(b) of the Marine Act (Northern Ireland) 2013 or section 68(3)(b) of the I377 S. 291 in force at 26.12.2023, see s. 334(3)(j) (1) The Secretary of State may by regulations make provision for the establishment, operation and management of one or more marine recovery funds. (2) A marine recovery fund is a fund— (a) into which payments may be made in respect of relevant offshore wind

Part 13 – Offshore wind electricity generation, oil and gas Chapter 1 – Offshore wind electricity generation Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (b) out of which payments may be made towards expenditure on measures to compensate for adverse environmental effects of relevant offshore wind (3) The following provisions of this section are without prejudice to the generality of (4) Regulations under this section may make provision— (a) enabling a determination to be made, by or on behalf of the relevant person, as to whether (and, if so, the extent to which) a payment into the fund discharges a compensation condition imposed on another person in connection with the granting of consent in respect of a relevant offshore wind activity; (b) for a payment into the fund to be treated as discharging a compensation condition to the extent (if any) determined by virtue of paragraph (a). (5) “Compensation condition”, in relation to a person, means a condition requiring the person to take measures to compensate for adverse environmental effects of a relevant (6) “Relevant person”, for the purposes of a determination made by virtue of subsection (4)(a), means the person who imposed the compensation condition. (7) Regulations under this section may make provision— (a) enabling payments to be made out of the fund towards expenditure described (b) about the persons to whom such a payment may be made; (c) enabling conditions to be imposed on a person to whom such a payment is made in connection with the taking of measures described in subsection (2)(b). (8) Regulations under this section may make provision— (a) about the recovery of costs incurred in connection with the exercise of functions conferred by the regulations; (b) conferring functions, including functions involving the exercise of a discretion, on the Secretary of State; (c) for the delegation of functions conferred on the Secretary of State, where the functions relate to the operation or management of a marine recovery fund. (9) Regulations made by virtue of subsection (8)(c) may provide that a function may be (a) to a Scottish public authority only if the function relates to the taking or securing of measures in Scotland; (b) to a Welsh public authority only if the function relates to the taking or securing (c) to a Northern Ireland public authority only if the function relates to the taking or securing of measures in Northern Ireland. (10) Regulations made by virtue of subsection (8)(c) must provide that the delegation of (a) to a Scottish public authority requires the consent of the Scottish Ministers; (b) to a Welsh public authority requires the consent of the Welsh Ministers; (c) to a Northern Ireland public authority requires the consent of DAERA. Part 13 – Offshore wind electricity generation, oil and gas Chapter 1 – Offshore wind electricity generation Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (11) Regulations made by virtue of subsection (8)(c) must provide that the delegation of (a) may be cancelled by the Secretary of State in accordance with the regulations; (b) does not prevent the Secretary of State from carrying out any function (12) Before making regulations under this section, the Secretary of State must consult— (a) the Scottish Ministers, so far as the regulations relate to relevant offshore wind (b) the Welsh Ministers, so far as the regulations relate to relevant offshore wind (c) DAERA, so far as the regulations relate to relevant offshore wind activities (d) such other persons as the Secretary of State considers appropriate. (13) Regulations under this section are subject to the negative procedure. I378 S. 292 in force at 26.12.2023, see s. 334(3)(j) 293 Assessment of environmental effects etc (1) The appropriate authority may by regulations make— (a) provision for and in connection with the assessment of the environmental effects of relevant offshore wind activities in relation to protected sites; (b) provision about the taking or securing of measures by a public authority in compensation for any adverse environmental effects of relevant offshore wind activities in relation to protected sites (“compensatory measures”). (2) The appropriate authority is the Secretary of State, subject to paragraphs (a) to (c)— (a) the Scottish Ministers are the appropriate authority in relation to relevant offshore wind activities in the Scottish inshore region; (b) the Welsh Ministers are the appropriate authority in relation to relevant offshore wind activities in the Welsh inshore region, subject to subsection (3) and other than in relation to qualifying Secretary of State functions; (c) DAERA is the appropriate authority in relation to relevant offshore wind activities in the Northern Ireland inshore region, other than in relation to qualifying Secretary of State functions.
(3) In subsection (2)(b), “relevant offshore wind activity” does not include an activity within section 290(1)(a) relating to a generating station that has a capacity such that the construction or extension of the generating station would be a nationally significant infrastructure project (within the meaning given by sections 14 and 15 of the Planning (4) The provision that may be made by virtue of subsection (1) includes provision— (a) specifying the matters to be dealt with by an assessment; (b) about the procedure to be followed in carrying out an assessment, including when an assessment must be carried out and matters that must be taken into

Part 13 – Offshore wind electricity generation, oil and gas Chapter 1 – Offshore wind electricity generation Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (c) specifying the person by whom an assessment, or a specified kind of assessment, must be carried out; (d) requiring an assessment to be carried out by a specified person in specified (e) authorising or requiring the supply of information (including information the supply of which would not otherwise be permitted) for the purposes of an (f) enabling a person carrying out an assessment (an “assessor”) to require a person who has applied for consent to provide the assessor with assistance for the purposes of or in connection with the assessment; (g) prohibiting the granting of consent in respect of an activity where an assessment has not been carried out in accordance with the regulations; (h) about when or how compensatory measures must or may be provided; (i) disapplying or otherwise modifying, whether generally or in specified circumstances or subject to specified conditions, any of the provisions listed in subsection (5)(a), (b), (c) or (d) (as the case may be). (5) The provisions referred to in subsection (4)(i) are— (a) in the case of regulations made by the Secretary of State— (i) section 126 of the Marine and Coastal Access Act 2009; (ii) regulations 9 and 10 and Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012); (iii) regulations 6, 27, 28 and 30 to 37 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013); (iv) any other provision that relates to the taking or securing of compensatory measures, where the provision is made by or under an (b) in the case of regulations made by the Scottish Ministers— (i) section 83 of the Marine (Scotland) Act 2010 (asp 5); (ii) regulations 3 and 3A and Part 4 of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716); (iii) regulations 9 and 10 and Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012); (iv) any other provision that relates to the taking or securing of compensatory measures in or in relation to the Scottish inshore region, where the provision is made by or under an Act of the Scottish (c) in the case of regulations made by the Welsh Ministers— (i) section 126 of the Marine and Coastal Access Act 2009; (ii) regulations 9 and 10 and Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012); (iii) any other provision that relates to the taking or securing of compensatory measures, where the provision is made by or under an Act or Measure of Senedd Cymru; (d) in the case of regulations made by DAERA— (i) section 23 of the Marine Act (Northern Ireland) 2013; (ii) regulations 3 and 3A and Part 4 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (S.R. (N.I.) 1995 No. 380);

Part 13 – Offshore wind electricity generation, oil and gas Chapter 1 – Offshore wind electricity generation Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (iii) any other provision that relates to the taking or securing of compensatory measures in or in relation to the Northern Ireland inshore region, where the provision is made by or under Northern (6) But regulations under this section may not disapply or otherwise modify, or make provision which could undermine or circumvent— (a) section 126(7)(a) or (b) of the Marine and Coastal Access Act 2009, section 83(4)(b)(i) or (ii) of the Marine (Scotland) Act 2010 or section 23(7) (a) or (b) of the Marine Act (Northern Ireland) 2013, (b) regulation 64 of the Conservation of Habitats and Species Regulations 2017, (c) regulation 29 of the Conservation of Offshore Marine Habitats and Species (d) regulation 49 of the Conservation (Natural Habitats, &c.) Regulations 1994, (e) regulation 44 of the Conservation (Natural Habitats, etc.) Regulations (f) any provision about qualifying Secretary of State functions (unless the regulations are made by the Secretary of State). (7) Regulations made under this section by the Secretary of State— (a) may not provide for a function that is exercisable by a Scottish public authority, a Welsh public authority or a Northern Ireland public authority to cease to be exercisable by that authority, and (b) to the extent that a function is exercisable by or on behalf of a Scottish public authority, a Welsh public authority or a Northern Ireland public authority, may not provide for the function also to be exercisable to that extent by another but may (subject to paragraphs (a) and (b)) modify such a function. (8) Regulations under this section may make provision— (a) enabling the appropriate authority or a specified person to direct a person to take steps or to refrain from taking steps; (b) requiring a person given such a direction to comply with it.
(9) But regulations made by the Secretary of State by virtue of subsection (8)(a) may not enable directions to be given— (a) to a Scottish public authority by a person other than the Scottish Ministers; (b) to a Welsh public authority by a person other than the Welsh Ministers. (10) Regulations under this section may require the appropriate authority or a specified (a) to give guidance about specified matters; (b) to consult specified persons, or persons of a specified description, before giving guidance by virtue of paragraph (a). (11) Regulations under this section may confer functions, including functions involving (a) in the case of regulations made by the Secretary State, on any person; (b) in any other case, on a person other than a Minister of the Crown. (12) The functions that may be conferred on a person by virtue of subsection (11) include a function of giving advice in relation to the application or exercise of any other function,

Part 13 – Offshore wind electricity generation, oil and gas Chapter 1 – Offshore wind electricity generation Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) whether exercisable by that or another person, under or by virtue of regulations under “protected site” has the meaning determined in accordance with regulations under this section; and those regulations— (a) must be framed so that protected sites consist of natural habitats or (b) must in particular include protected marine areas; “qualifying Secretary of State functions” means functions of the Secretary of State in relation to relevant offshore wind activities in (as the case may be) the Welsh inshore region or the Northern Ireland inshore region; “specified” means specified in regulations under this section. I379 S. 293 in force at 26.12.2023, see s. 334(3)(j) 294 Regulations under section 293: consultation and procedure (1) The Secretary of State must, before making regulations under section 293, consult— (a) the Marine Management Organisation, (b) the Joint Nature Conservation Committee, (d) the Scottish Ministers and Scottish Natural Heritage, so far as the regulations relate to relevant offshore wind activities or protected sites in Scotland, (e) the Welsh Ministers and the Natural Resources Body for Wales, so far as the regulations relate to relevant offshore wind activities or protected sites in (f) DAERA, so far as the regulations relate to protected sites in Northern Ireland, (g) such other persons as the Secretary of State considers appropriate. (2) Regulations made by the Secretary of State under section 293 are subject to the (3) The Scottish Ministers must, before making regulations under section 293, consult— (b) the Marine Management Organisation, so far as the regulations relate to protected sites in England or the Northern Ireland offshore region, (c) Natural England, so far as the regulations relate to protected sites in England, (d) the Joint Nature Conservation Committee, so far as the regulations relate to protected sites in such part of the UK marine area as is beyond the seaward limits of the territorial sea, (e) Scottish Natural Heritage, so far as the regulations relate to protected sites in (f) the Welsh Ministers and the Natural Resources Body for Wales, so far as the regulations relate to protected sites in Wales, (g) DAERA, so far as the regulations relate to protected sites in Northern Ireland,

Part 13 – Offshore wind electricity generation, oil and gas Chapter 1 – Offshore wind electricity generation Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (h) such other persons as they consider appropriate. (4) Regulations made by the Scottish Ministers under section 293 are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). (5) The Welsh Ministers must, before making regulations under section 293, consult— (b) the Marine Management Organisation, so far as the regulations relate to protected sites in England or the Northern Ireland offshore region, (c) Natural England, so far as the regulations relate to protected sites in England, (d) the Joint Nature Conservation Committee, so far as the regulations relate to protected sites in such part of the UK marine area as is beyond the seaward limits of the territorial sea, (e) the Scottish Ministers and Scottish Natural Heritage, so far as the regulations relate to protected sites in Scotland, (f) the Natural Resources Body for Wales, so far as the regulations relate to (g) DAERA, so far as the regulations relate to protected sites in Northern Ireland, (h) such other persons as they consider appropriate. (6) The power of the Welsh Ministers to make regulations under section 293 is exercisable (7) A statutory instrument containing regulations made by the Welsh Ministers under section 293 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru. (8) DAERA must, before making regulations under section 293, consult— (b) the Marine Management Organisation, so far as the regulations relate to protected sites in England or the Northern Ireland offshore region, (c) Natural England, so far as the regulations relate to protected sites in England, (d) the Joint Nature Conservation Committee, so far as the regulations relate to protected sites in such part of the UK marine area as is beyond the seaward limits of the territorial sea, (e) the Scottish Ministers and Scottish Natural Heritage, so far as the regulations relate to protected sites in Scotland, (f) the Welsh Ministers and the Natural Resources Body for Wales, so far as the regulations relate to protected sites in Wales, and (g) such other persons as DAERA considers appropriate.
(9) The power of DAERA to make regulations under section 293 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (10) Regulations may not be made under section 293 by DAERA unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland (11) In this section, “protected site” has the same meaning as in section 293. Part 13 – Offshore wind electricity generation, oil and gas Chapter 1 – Offshore wind electricity generation Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) I380 S. 294 in force at 26.12.2023, see s. 334(3)(j) 295 Interpretation of Chapter 1 “adverse environmental effect” has the meaning given by section 291(4); “consent” means any consent, approval, permission, authorisation or confirmation (however described or given) that is required, or otherwise provided for, by or under primary legislation; “DAERA” means the Department of Agriculture, Environment and Rural “England” includes the English inshore region and the English offshore “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act); “Northern Ireland” includes the Northern Ireland inshore region; (b) an Act or Measure of Senedd Cymru, (c) an Act of the Scottish Parliament, or (d) Northern Ireland legislation; “protected marine area” has the meaning given by section 291(6); (d) a Northern Ireland department, or (e) any other person with functions of a public nature; “relevant offshore wind activity” has the meaning given by section 290; “Scotland” includes the Scottish inshore region and the Scottish offshore “UK marine area” has the meaning given by section 42(1) of the Marine “Wales” includes the Welsh inshore region and the Welsh offshore region. (2) References in this Chapter to the English, Scottish, Welsh or Northern Ireland inshore and offshore regions are to be construed in accordance with the Marine and Coastal Access Act 2009 (see section 322 of that Act). (3) References in this Chapter— (a) to a Scottish public authority are to the Scottish Ministers or any other public authority whose functions are exercisable only or mainly in or as regards (b) to a Welsh public authority are to the Welsh Ministers or any other public authority whose functions are exercisable only or mainly in or as regards

Part 13 – Offshore wind electricity generation, oil and gas Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (c) to a Northern Ireland public authority are to a Northern Ireland department or any other public authority whose functions are exercisable only or mainly in or as regards Northern Ireland. I381 S. 295 in force at 26.12.2023, see s. 334(3)(j) 296 Arrangements for responding to marine oil pollution (1) The Secretary of State may, by regulations, make provision— (a) requiring a person responsible for infrastructure or a place to which subsection (2) applies to have an emergency plan setting out arrangements for responding to incidents which cause, or may cause, marine (b) in connection with that requirement, and (c) about the reporting of such incidents. (2) This subsection applies to— (a) an offshore installation, or an offshore well, that is used for or in connection (i) offshore oil and gas operations, or (ii) offshore production or storage of gas; (b) offshore infrastructure, including pipelines, connected to such an installation (d) a facility, that is not offshore, for handling or storing oil or gas; (e) infrastructure or a place described in any of paragraphs (a) to (d) that is being decommissioned or has been decommissioned or abandoned. (3) Regulations under subsection (1) may, in particular, make provision in connection with the implementation, maintenance and review of an emergency plan, including (a) a person to refrain from carrying out activities that may cause marine oil pollution unless and until an emergency plan is in place; (b) an emergency plan to be reviewed in accordance with the regulations; (c) the amendment or replacement of an emergency plan in circumstances (d) a person to ensure readiness to carry out an emergency plan; (e) a person to carry out an emergency plan. (4) Regulations under subsection (1) about the reporting of incidents may, in particular—

Part 13 – Offshore wind electricity generation, oil and gas Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (i) circumstances in which a report must be made; (ii) by whom a report must be made; (iii) to whom a report must be made; (b) make provision as to the content and form of a report and the time by which (5) The Secretary of State may, by regulations, make provision enabling the inspection of infrastructure or a place to which subsection (2) applies. (6) Regulations under subsection (1) or (5) may, in particular, make provision— (a) about the meaning which any expression used in subsection (1), (2), (3), (4) or (5) is to have for the purposes of regulations under subsection (1) or (5); (b) conferring functions on any person; (c) providing for the charging of fees (but see subsection (7)); (d) authorising or requiring, or restricting or prohibiting, the supply or keeping of information (including provision authorising or requiring the supply or keeping of information that would not otherwise be permitted); (e) creating criminal offences or impose civil penalties (but see subsection (8)); (f) for the purpose of securing compliance with requirements imposed by or under regulations under subsection (1) or (5).
(7) Regulations under subsection (1) or (5) which provide for a fee to be charged in respect of a person performing a function or doing any other thing must secure that, taking one year with another, the income from the fees does not exceed the cost of performing the function or doing the thing. (8) Regulations under subsection (1) or (5) may not provide— (a) for a criminal offence to be punishable with imprisonment; (b) for a civil penalty to exceed £50,000. (9) Where regulations under subsection (1) or (5) provide for the imposition of a civil penalty, they must also include provision for a right of appeal against the imposition (10) Regulations under subsection (1) or (5) containing any of the following (with or without other provision) are subject to the affirmative procedure— (a) provision creating a criminal offence or civil penalty (but excluding provision modifying the circumstances in which a person is guilty of an existing offence or liable for an existing civil penalty); (b) provision specifying a civil penalty amount. (11) Any other regulations under subsection (1) or (5) are subject to the negative procedure. (a) “gas” within the meaning of section 2 of the Energy Act 2008, “oil” means petroleum in any form including crude oil, fuel oil, sludge, oil

Part 13 – Offshore wind electricity generation, oil and gas Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) I382 S. 296 not in force at Royal Assent, see s. 334(1) I383 S. 296 in force at 11.1.2024 by S.I. 2024/32, reg. 2(d)(i) 297 reducing effects of offshore oil or gas activities etc (1) The Secretary of State may, by regulations, make provision requiring the Secretary of State to take into account the implications for relevant sites when deciding whether, or how, to carry out a function (including a function under other regulations under this (a) offshore oil and gas activities, or (b) offshore production or storage of gas. (2) The Secretary of State may, by regulations, make provision— (a) prohibiting a specified description of activities from being carried out unless the consent of the Secretary of State has been obtained, and (b) requiring a person who has obtained such a consent to carry out any activity to which the consent relates in accordance with the consent (and any conditions to which the consent is subject). (3) The Secretary of State may, by regulations, make provision preventing a specified description of licence from being granted unless the Secretary of State has or Scottish (a) carried out a specified description of assessment, and (b) confirmed that the outcome of that assessment does not prevent the licence (4) The Secretary of State may, by regulations, make provision— (a) authorising the Secretary of State to give a person directions to take steps, or to refrain from taking steps, and (b) requiring a person given such a direction to comply with it. (5) The Secretary of State may make regulations under subsection (2), (3) or (4) only if the Secretary of State considers that the regulations would contribute to the protection of relevant sites from adverse effects of— (a) offshore oil and gas activities, or (b) offshore production or storage of gas. (6) For the purposes of regulations made under another provision of this section, “relevant site” has the meaning determined in accordance with the regulations; and those (a) must be framed so that relevant sites consist of natural habitats or habitats of (b) may, where they are framed by reference to provision made by other legislation, be framed so as to include natural habitats or habitats of species that are likely to fall within that provision of that other legislation. (7) Regulations under this section may— (a) make provision about the meaning which any expression used in this section is to have for the purposes of regulations under this section;

Part 13 – Offshore wind electricity generation, oil and gas Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (b) confer functions on any person (including a function of giving advice in relation to the application or exercise of any other function, whether exercisable by that or another person, under regulations under this section); (c) provide for the modification or revocation of any consent given under regulations under subsection (2); (d) provide for the charging of fees; (e) authorise, or restrict or prohibit, the supply or keeping of information (including authorisation of the supply or keeping of information that would (f) create criminal offences or impose civil penalties (but see subsection (8)); (g) make other provision for the purpose of securing compliance with requirements imposed by or under regulations under this section. (8) Regulations under this section may not provide— (a) for a criminal offence to be punishable with imprisonment or, on summary conviction, to a fine exceeding the statutory maximum; (b) for a civil penalty of a fixed amount to exceed £2,500 or of a variable amount (9) Where regulations under this section provide for the imposition of a civil penalty, they must also include provision for a right of appeal against the imposition of the penalty. (10) Regulations under this section are subject to the affirmative procedure. “licence” means anything (however described) which permits a person to “specified” means specified in regulations under this section. I384 S. 297 not in force at Royal Assent, see s. 334(1) I385 S. 297 in force at 11.1.2024 by S.I. 2024/32, reg.
2(d)(i) 298 Regulations under sections 296 and 297: procedure with devolved authorities (1) Before making regulations under section 296 that contain provision within devolved competence, the Secretary of State must give notice to each relevant devolved (a) stating that the Secretary of State proposes to make regulations under that (b) setting out or describing the provision that is within the relevant devolved (c) specifying the period (of not less than 28 days from the date on which the notice is given) within which representations may be made with respect to and must consider any representations duly made and not withdrawn. Part 13 – Offshore wind electricity generation, oil and gas Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (2) The Secretary of State need not wait until the end of the period specified under subsection (1)(c) before making regulations if, before the end of that period, each relevant devolved authority to which the notice was given has confirmed that it has made any representations it intends to make with respect to the provision referred to (3) The Secretary of State must, if requested to do so by a relevant devolved authority, give the authority a statement setting out whether and how representations made by the authority with respect to the provision referred to in subsection (1)(b) have been taken into account in the regulations. (4) In subsections (1) to (3), “relevant devolved authority”, in relation to regulations, (a) the Scottish Ministers, if the regulations contain provision within Scottish (b) the Welsh Ministers, if the regulations contain provision within Welsh (c) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, if the regulations contain provision within Northern Ireland devolved and “the relevant devolved competence”, in relation to a relevant devolved authority, is to be construed accordingly. (5) The Secretary of State may not make regulations under section 297 containing provision within Scottish devolved competence unless the Scottish Ministers have (6) The Secretary of State may not make regulations under section 297 containing provision within Welsh devolved competence unless the Welsh Ministers have (7) For the purposes of this section, provision— (a) is within Scottish devolved competence if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that (b) is within Welsh devolved competence if it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006); (c) is within Northern Ireland devolved competence if it— (i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and (ii) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998; and references to provision being within devolved competence are to provision that is within Scottish, Welsh or Northern Ireland devolved competence. Part 13 – Offshore wind electricity generation, oil and gas Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) I386 S. 298 not in force at Royal Assent, see s. 334(1) I387 S. 298 in force at 11.1.2024 by S.I. 2024/32, reg. 2(d)(i) 299 Charges in connection with abandonment of offshore installations (1) In the Petroleum Act 1998, after section 38B insert— “38C Charges in connection with exercise of functions under Part 4 (1) The Secretary of State may by regulations made by statutory instrument provide for payment to the Secretary of State of charges for or in connection with the carrying out by the Secretary of State of the Secretary of State’s (2) Regulations under this section may provide that a charge is to be of an (a) specified in the regulations, or (b) determined by the Secretary of State in accordance with the (3) Regulations under this section may specify matters to which the Secretary of State must have regard when determining the amount of a charge. (4) Regulations under this section may specify— (a) how a charge is to be paid; (b) when a charge is to be paid; (c) the person by whom a charge is to be paid. (5) Provision made by virtue of subsection (4)(c) may confer a discretion on the (6) Regulations under this section may— (a) include incidental, supplementary or consequential provision; (b) include transitory or transitional provision or savings; (c) make different provision for different purposes. (7) Before making regulations under this section, the Secretary of State must consult organisations in the United Kingdom that appear to the Secretary of State to be representative of persons who are likely to be affected by the (8) The Secretary of State must not make regulations under this section without (9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Part 13 – Offshore wind electricity generation, oil and gas Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023.
(See end of Document for details) (2) In section 30 of the Energy Act 2008 (abandonment of installations), in subsection (2) (a), for the words from “the reference” to “Scottish Parliament” substitute “sections 38C(9) and 39(6) of the 1998 Act are to be read as if each of those sections imposed a requirement that regulations under the section concerned are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act (3) The Petroleum Act 1998 is amended as follows in consequence of subsection (1). (4) In section 29 (preparation of programmes), omit subsection (5). (5) In section 33(4) (failure to submit programmes), for the words from “any fee” to the end substitute “any charge that would have been payable by those persons in accordance with regulations under section 38C if they had complied with the notice (6) In section 34(4) (revision of programmes), omit the words from “and a person” to the (7) In section 39 (regulations)— (a) in subsection (2), omit paragraph (e); (b) in subsection (5), omit the words from “and he” to the end. I388 S. 299 not in force at Royal Assent, see s. 334(1) I389 S. 299(1)(2) in force at 11.1.2024 by S.I. 2024/32, reg. 2(d)(ii) 300 Model clauses of petroleum licences (1) Schedule 21 amends model clauses contained in— (a) the Petroleum (Production) (Landward Areas) Regulations 1995 ( S.I. (b) the Petroleum (Current Model Clauses) Order 1999 (S.I. 1999/160), (c) the Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 (S.I. 2004/352), (d) the Petroleum Licensing (Production) (Seaward Areas) Regulations 2008 (S.I. (e) the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (S.I. 2014/1686). (2) Where a licence granted (or having effect as if granted) by the Oil and Gas Authority under the Petroleum (Production) Act 1934 or the Petroleum Act 1998— (a) incorporates model clauses amended by a paragraph of Schedule 21 (whether or not any provision of those model clauses is modified or excluded), and (b) is in force immediately before that paragraph comes into force, the licence has effect with the amendments provided for by that paragraph. Part 13 – Offshore wind electricity generation, oil and gas Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (3) The power conferred by reason of the amendment made by paragraph 70 (2) of Schedule 21 to partially revoke a licence because of the occurrence of an event mentioned in model clause 41(2)(h) in Schedule 2 to the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 may not be exercised as a result of such an event which occurred before the commencement of (4) A reference in any document to provisions of a licence which are amended by Schedule 21 is to be construed, unless the nature of the document or the context otherwise requires, as a reference to those provisions as amended. (5) A provision inserted in a licence by virtue of Schedule 21 may be altered or deleted by deed executed by the Secretary of State and the licensee or, as respects Scotland, by an instrument subscribed or authenticated by the Secretary of State and the licensee in accordance with the Requirements of Writing (Scotland) Act 1995. I390 S. 300 not in force at Royal Assent, see s. 334(1) I391 S. 300 in force at 11.1.2024 by S.I. 2024/32, reg. 2(d)(iii) 301 Power of OGA to require information about change in control of licensee After section 5C of the Petroleum Act 1998 insert— “5D OGA’s power to require information about change in control of (1) This section applies in relation to a licence granted (or having effect as if granted) by the OGA under this Part which includes provisions prohibiting a change in control of a licensee which is a company without the OGA’s consent. (2) The OGA may by notice in writing require a person within subsection (3) to provide the OGA with any information that it requires for the purpose of exercising its functions in relation to a change or potential change in control of a licensee which is a company. (3) The persons within this subsection are— (b) the person who (if consent were granted) would take control of the (c) if the company and another person or persons are the licensee, that other person or those other persons; (d) any person not within any of paragraphs (a) to (c) who appears to the OGA to have information that it requires as mentioned in (4) The power conferred by this section does not include power to require the provision of any information that would be protected from disclosure or production in legal proceedings on grounds of legal professional privilege or, in Scotland, confidentiality of communications. Part 14 – Civil nuclear sector Chapter 1 – Civil nuclear sites Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (5) Nothing in this section limits any power of the OGA to require information (a) regulations under this Part, or (b) the terms of a licence under this Part.” I392 S. 301 not in force at Royal Assent, see s. 334(1) I393 S. 301 in force at 11.1.2024 by S.I. 2024/32, reg.
2(d)(iv) 302 Application to the territorial sea of requirement for nuclear site licence (1) The Nuclear Installations Act 1965 is amended in accordance with subsections (2) (2) In section 1 (restriction of certain nuclear installations to licensed sites), after “(12) In this section, “site” includes a site situated wholly or partly in or under the territorial sea adjacent to the United Kingdom.” (3) In section 26(1) (interpretation), in the definition of “the appropriate national (a) in paragraph (a), after “Scotland” insert “(including the territorial sea adjacent (b) in paragraph (b), after “Northern Ireland” insert “(including the territorial sea (4) In section 68 of the Energy Act 2013 (nuclear safety purposes), after subsection (3) “(4) In the definition of “relevant nuclear installation” in subsection (3), the reference to a site in England, Wales or Scotland includes a site situated wholly or partly in or under the territorial sea adjacent to them.” I394 S. 302 not in force at Royal Assent, see s. 334(1) I395 S. 302 in force at 10.9.2024 by S.I. 2024/890, reg. 2(d)

Part 14 – Civil nuclear sector Chapter 1 – Civil nuclear sites Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) 303 Decommissioning of nuclear sites etc (1) The Nuclear Installations Act 1965 is amended as follows. (2) In section 1 (restriction of certain nuclear installations to licensed sites), after subsection (12) (inserted by section 302 of this Act) insert— “(13) The reference in subsection (1) to operating a nuclear reactor or an installation of a prescribed kind includes a reference to decommissioning a nuclear reactor (3) In section 3 (grant and variation of nuclear site licences)— (a) in subsection (12)(b), for the words from “there” to the end substitute “the applicable condition or conditions set out in section 3A are met.”; (b) after subsection (12) insert— “(12A) The appropriate national authority must consult the Health and Safety Executive before varying a nuclear site licence under “3A Exclusion of part of site from applicable conditions (1) This section sets out the applicable condition or conditions for excluding any part of a licensed site (“the relevant part”) from a nuclear site licence. (2) Where a prescribed disposal installation is or has at any time been situated within the relevant part, the applicable condition is that there is no danger from ionising radiations from anything on the relevant part. (3) Where any nuclear installation, other than a prescribed disposal installation, is or has at any time been situated within the relevant part, the applicable conditions (subject to subsection (5)) are that— (a) the use of any such installation within the relevant part has (b) appropriate measures for the containment and control of any remaining radioactivity are in place, (c) the relevant part meets the radioactivity exclusion criteria and the (d) it is no longer necessary or desirable in the interests of safety for a nuclear site licence to be in force in respect of the relevant part. (4) In any other case, the applicable conditions (subject to subsection (5)) are (a) the relevant part meets the dose exclusion criteria, and (b) it is no longer necessary or desirable in the interests of safety for a nuclear site licence to be in force in respect of the relevant part. Part 14 – Civil nuclear sector Chapter 1 – Civil nuclear sites Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (5) In a case to which, but for this subsection, subsection (3) or (4) would apply, the licensee may elect that the condition set out in subsection (2) is to apply to the relevant part (instead of the conditions in subsection (3) or (4)). “2014 Decision” means the Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned, published on 30 October 2014 by the Steering Committee for Nuclear Energy of the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development; “dose exclusion criteria” means the criteria described in paragraph 3(b) of the Appendix to the 2014 Decision; “prescribed disposal installation” means an installation— (a) designed or adapted for the disposal of nuclear matter, and (b) of a kind prescribed under section 1(1)(b) at any time after section 303 of the Energy Act 2023 comes into force; “radioactivity exclusion criteria” means the criteria described in paragraph 3(a) of the Appendix to the 2014 Decision; “safety”, in relation to the relevant part of a site, is to be construed in accordance with section 4(2).” (5) In section 5 (revocation and surrender of licences)— (a) in the heading, omit “and surrender”; (i) omit the “or” after paragraph (a); (c) in subsection (2), after “consult” insert “the Health and Safety Executive and”; (d) in subsection (3), omit “or surrendered”; (e) in subsection (15)(a), for the words from “that in the authority’s opinion” to (i) as respects the licensee’s period of responsibility for the licensed site, that in the authority’s opinion each part of the site meets the condition or conditions set out in section 5A that apply in relation to that part of (ii) as respects the licensee’s period of responsibility for any part of the site, that in the authority’s opinion the part in question meets the condition or conditions set out in section 5A that apply in relation to that part.”; (f) after subsection (15)(b) insert— “(ba) the date when a person (whether the licensee or some other person) becomes the operator of a relevant disposal site comprising the site in question or, as the case may be, that (bb) the date when the site or, as the case may be, the part of it in question becomes an excluded disposal site;”.
Part 14 – Civil nuclear sector Chapter 1 – Civil nuclear sites Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) “5A End of period of applicable conditions (1) This section sets out the applicable condition or conditions for determining when a licensee’s period of responsibility for a part of a licensed site (“the relevant part”) ends under section 5(15)(a)(i) or (ii). (2) Where a prescribed disposal installation or a licensed disposal site is or has at any time been situated within the relevant part, the applicable condition is that there is no danger from ionising radiations from anything on the relevant part. (3) Where any nuclear installation, other than a prescribed disposal installation, is or has at any time been situated within the relevant part, the applicable conditions (subject to subsection (5)) are that— (a) the use of any such installation within the relevant part has (b) appropriate measures for the containment and control of any remaining radioactivity are in place, and (c) the relevant part meets the radioactivity exclusion criteria and the (4) In any other case, the applicable condition (subject to subsection (5)) is that the relevant part meets the dose exclusion criteria. (5) In a case to which, but for this subsection, subsection (3) or (4) would apply, the licensee may elect that the condition set out in subsection (2) is to apply to the relevant part (instead of the conditions in subsection (3) or (4)). “2014 Decision” means the Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned, published on 30 October 2014 by the Steering Committee for Nuclear Energy of the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development; “dose exclusion criteria” means the criteria described in paragraph 3(b) of the Appendix to the 2014 Decision; “licensed disposal site” means a site that would be, or would at any time have been, a relevant disposal site but for section 7B(5)(a) (nuclear site licence granted in respect of site); “prescribed disposal installation” means an installation— (a) designed or adapted for the disposal of nuclear matter, and (b) of a kind prescribed under section 1(1)(b) at any time after section 303 of the Energy Act 2023 comes into force; “radioactivity exclusion criteria” means the criteria described in paragraph 3(a) of the Appendix to the 2014 Decision.” (7) In section 7B (duties in respect of relevant disposal sites)— (a) after subsection (2) insert— “(2A) The operator of a site that would be a relevant disposal site but for subsection (5)(a) is to be treated for the purposes of subsection (2)(a) (ii) as becoming the operator of the site on the date when—

Part 14 – Civil nuclear sector Chapter 1 – Civil nuclear sites Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (a) the nuclear site licence in question is varied under section 3(12) to exclude the site from it, or (b) the nuclear site licence in question is revoked under (b) in subsection (5)(a), after “granted” insert “(subject to subsection (5A))”; (c) after subsection (5) insert— “(5A) Subsection (5)(a) does not apply where a licence has ceased to be in force in respect of the site as a result of section 3(12) (exclusion of part of site from licence) or section 5(1) (revocation of licence).” (8) In section 27(1) (application of Act to Northern Ireland), after paragraph (a) insert— “(aa) a reference to the Health and Safety Executive is to be construed as a reference to the Health and Safety Executive for Northern Ireland.” I396 S. 303 not in force at Royal Assent, see s. 334(1) (1) The Nuclear Installations Act 1965 is amended as follows. (2) In section 7B (duties in respect of relevant disposal sites)— (a) after subsection (2A) (inserted by section 303 of this Act) insert— “(2B) The operator of a site that would be a relevant disposal site but for subsection (7A) is to be treated for the purposes of subsection (2)(a) (ii) as becoming the operator of the site on the date when the site ceases to be an excluded disposal site.”; (b) after subsection (3)(d) insert— “(e) the date when the Secretary of State gives notice under section 7C(1)(b) that the site is an excluded disposal (c) after subsection (3) insert— “(3A) Where a site to which subsection (2B) applies was a relevant disposal site before it became an excluded disposal site, subsection (2) has (a) the period beginning by virtue of subsection (2)(a), and (b) any further period beginning by virtue of subsection (2B).”; (d) in subsection (4), for “and (7)” substitute “, (7) and (7A)”; (e) after subsection (7) insert— “(7A) A site is not a relevant disposal site if it is an excluded disposal site.”; (f) in subsection (9), in the definition of “appropriate permit”— (i) after paragraph (a) insert— “(aa) in relation to a site in Scotland, a permit under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014 (2014 asp 3) authorising

Part 14 – Civil nuclear sector Chapter 1 – Civil nuclear sites Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) a person to use the site for the disposal of radioactive (ii) in paragraph (b), omit “Scotland or”.
(1) A site that is used or intended to be used for the operation of an installation for the disposal of nuclear matter is an excluded disposal site if— (a) the Secretary of State is satisfied, on an application by the operator of the site, that the site meets— (ii) the site history condition, and (iii) such other conditions as may be prescribed, and (b) the Secretary of State gives the operator notice in writing to that effect. (2) In this section, “disqualifying matter” means nuclear matter that exceeds the radioactivity concentration limits set out in paragraph 3(a) of the Appendix (3) The permit condition is that— (a) an appropriate permit is in force in respect of the site, and (b) that permit includes a condition preventing the site from receiving (4) The site history condition is that— (a) disqualifying matter has not at any time been accepted for disposal (b) any disqualifying matter previously accepted for disposal at the site has been removed from the site. (5) An application under subsection (1) (a) must be accompanied by such documents as may be prescribed. (6) Regulations made under subsection (5) may— (a) specify requirements relating to the preparation, approval or review (b) require an operator to provide a copy of a prescribed document to a person other than the Secretary of State; (c) make different provision for different purposes. (7) A site ceases to be an excluded disposal site if the site no longer meets the permit condition or any condition prescribed under subsection (1)(a)(iii). (8) Where the appropriate permit in force in respect of an excluded disposal site is transferred to a new operator, the site ceases to be an excluded disposal site at the end of the period of one month beginning with the date on which the permit is transferred unless, before the end of that period— (a) the new operator notifies the Secretary of State of the transfer, and (b) the Secretary of State gives the new operator notice in writing that the Secretary of State consents to the site continuing to be an excluded

Part 14 – Civil nuclear sector Chapter 1 – Civil nuclear sites Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (9) The Secretary of State must notify the Scottish Ministers of any notification given under subsection (1)(b) in relation to a site in Scotland. “2016 Decision” means the Decision and Recommendation Concerning the Application of the Paris Convention on Third Party Liability in the Field of Nuclear Energy to Nuclear Installations for the Disposal of Certain Types of Low-level Radioactive Waste published on 16 January 2017 by the Steering Committee for Nuclear Energy of the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development; “appropriate permit” has the meaning given in section 7B(9). 7D Excluded disposal acceptance of disqualifying matter (1) This section applies where disqualifying matter is accepted at an excluded disposal site; and for the purposes of this section the acceptance of such matter is referred to as “the breach”. (2) The operator of the site must notify the Secretary of State of the breach before the end of the notification period. (3) “The notification period” means the period of 21 days beginning with the day on which the operator becomes aware of the breach. (4) The site ceases to be an excluded disposal site at the end of the notification period unless the operator complies with the duty under subsection (2). (5) An operator who has complied with the duty under subsection (2) must remove the disqualifying waste from the site before the end of the removal (6) “The removal period” means— (a) the period of 90 days beginning with the day on which the operator notifies the Secretary of State of the breach, or (b) such longer period as the Secretary of State may specify before the end of the period mentioned in paragraph (a) if satisfied that the operator is taking all reasonable steps to remove the disqualifying (7) The site ceases to be an excluded disposal site at the end of the removal period unless before the end of that period— (a) the Secretary of State is satisfied that the disqualifying waste has been (b) the Secretary of State gives the operator notice in writing to that effect. (8) In this section, “disqualifying matter” has the meaning given by section 7C.” (4) In section 20 (furnishing of information relating to operator’s cover), after “(5A) Subsection (4) does not apply where the operator of a relevant disposal site makes an application to the Secretary of State under section 7C(1)(a) (application for site to be excluded disposal site).”

Part 14 – Civil nuclear sector Chapter 1 – Civil nuclear sites Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (5) In section 26(1) (interpretation), at the appropriate place insert— ““excluded disposal site” has the meaning given by section 7C;”. I397 S. 304 not in force at Royal Assent, see s. 334(1) I398 S. 304(3) in force at 11.1.2024 for specified purposes by S.I. 2024/32, reg. 2(e) 305 Accession to Convention on Supplementary Compensation for Nuclear Damage Schedule 22 contains amendments to the Nuclear Installations Act 1965 to implement the Convention on Supplementary Compensation for Nuclear Damage. I399 S. 305 comes into force in accordance with s. 334(4) 306 Power to implement Convention on Supplementary Compensation for Nuclear (1) The Secretary of State may by regulations make such provision as the Secretary of (b) otherwise for the purposes of dealing with any other matter arising out of, or (2) The provision that may be made by virtue of subsection (1) includes provision that is authorised by the CSC to be made in relation to a particular matter.
(3) Regulations under this section may amend— (b) the Nuclear Installations Act 1965, or (c) any other enactment having effect in relation to a matter to which the CSC (4) In this section, “the CSC” means the Convention on Supplementary Compensation for Nuclear Damage (as amended or supplemented from time to time). (5) Regulations under this section are subject to the affirmative procedure. I400 S. 306 in force at 26.12.2023, see s. 334(3)(k)

Part 14 – Civil nuclear sector Chapter 2 – Civil Nuclear Constabulary Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) 307 Provision of additional police services (1) After section 55 of the Energy Act 2004 insert— 55A Provision of additional police services (1) The Constabulary may, with the consent of the Secretary of State, provide additional police services to any person. (2) In this Chapter, “additional police services” means services relating to the protection of places, persons or materials. (3) In subsection (2), “place” includes— (a) premises, facilities or equipment at a place; (b) any vehicle, vessel, aircraft or hovercraft. (4) The Secretary of State must not give consent for the purposes of subsection (1) unless satisfied, on an application made by the Police Authority, that— (a) the provision of the additional police services in question is in the interests of national security, (b) the provision by the Constabulary of those services will not prejudice the carrying out of its primary function under section 52(2), and (c) it is reasonable in all the circumstances for the Constabulary to (5) Before giving consent for the purposes of subsection (1), the Secretary of State must consult the chief constable. (6) The chief constable must ensure that the provision by the Constabulary of additional police services does not prejudice the carrying out of its primary (7) Consent given for the purposes of subsection (1)— (a) must specify the period of time (not exceeding 5 years) for which it (b) may, subject to subsections (8) and (9), be withdrawn at any time if the Secretary of State is no longer satisfied of the matters mentioned (8) Where the Secretary of State proposes to withdraw consent given for the purposes of subsection (1), the Secretary of State must consult the Police (9) If, following consultation under subsection (8), the Secretary of State decides to withdraw consent given for the purposes of subsection (1), the Secretary of State must give such notice to the Police Authority as is reasonably practicable of the date on which the consent will cease to have effect. Part 14 – Civil nuclear sector Chapter 2 – Civil Nuclear Constabulary Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (10) The Police Authority may enter into an agreement with any person for the provision of additional police services by the Constabulary under this section. (11) The Police Authority must publish, as soon as is reasonably practicable and in such manner as the Authority considers appropriate— (a) the name of any person or persons to whom additional police services are to be provided under this section, and (b) (subject to subsections (12) and (13)) such information about the place or places at which those services are to be provided as the Police Authority considers may be published without prejudicing the interests of national security. (12) The Police Authority must consult the Secretary of State before publishing the information referred to in subsection (11)(b). (13) The Secretary of State may direct the Police Authority not to publish information about the place or places at which additional police services are to be provided where the Secretary of State considers that publication of the information would prejudice the interests of national security. (14) The Police Authority must comply with a direction given by the Secretary of (2) In section 56 of that Act (jurisdiction of Constabulary), after subsection (3) insert— “(3A) A member of the Constabulary has the powers and privileges of a constable at every place where additional police services are being provided (3) In section 71(1) of that Act (interpretation), at the appropriate place insert— ““additional police services” has the meaning given in section 55A(2);”. (4) The Counter-Terrorism Act 2008 is amended as follows— (a) in section 85(2) (costs of policing at gas England and Wales), after paragraph (a) omit “or” and insert— “(aa) the services of the Civil Nuclear Constabulary provided under section 55A of the Energy Act 2004, or”; (b) in section 86(2) (costs of policing at gas Scotland), after paragraph (a) omit “or” and insert— “(aa) the services of the Civil Nuclear Constabulary provided under section 55A of the Energy Act 2004, or”. I401 S. 307 in force at Royal Assent, see s. 334(2)(n) 308 Provision of assistance to other forces (1) The Energy Act 2004 is amended as follows. (2) After section 55A (inserted by section 307 of this Act) insert—

Part 14 – Civil nuclear sector Chapter 2 – Civil Nuclear Constabulary Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) “55B Provision of assistance to other forces (1) The chief constable may, on the application of the chief officer of a relevant force, provide members of the Constabulary or other assistance for the purpose of enabling that force to meet any special demand on its resources.
(2) The policing body maintaining a relevant force for which assistance is provided under this section must pay to the Police Authority such charges— (a) as may be agreed between the policing body and the Police Authority, (b) in the absence of any such agreement, as may be determined by the (3) The chief constable must ensure that the provision of assistance under this section does not prejudice the carrying out of the primary function of the Constabulary under section 52(2). (a) a chief officer of police of a police force for a police area in (b) the chief constable of the Police Service of Scotland; (c) the chief constable of the British Transport Police Force; or (d) the chief constable of the Ministry of Defence Police; (a) in relation to a police force for a police area in England and Wales, the relevant local policing body in the meaning of section 101(1) of the Police Act 1996; (b) in relation to the Police Service of Scotland, the Scottish Police (c) in relation to the British Transport Police Force, the British (d) in relation to the Ministry of Defence Police, the Secretary of (a) a police force for a police area in England and Wales; (b) the Police Service of Scotland; (c) the British Transport Police Force; or (d) the Ministry of Defence Police.” (3) In section 59 (members of constabulary serving with other forces), after subsection (3) “(3A) For the purposes of this section, a member of the Constabulary who is provided for the assistance of a relevant force under section 55B is to be treated as serving with that force under arrangements of the kind mentioned

Part 14 – Civil nuclear sector Chapter 2 – Civil Nuclear Constabulary Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) I402 S. 308 in force at Royal Assent, see s. 334(2)(n) 309 Cross-border enforcement powers (1) Part 10 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement) (2) In section 136 (execution of warrants)— (a) in subsection (1), after “2003” insert “or under section 55 of the Energy Act (b) in subsection (2), after “2003” insert “or under section 55 of the Energy Act (3) In section 137(2A) (cross-border powers of arrest), after “2003” insert “or under section 55 of the Energy Act 2004”. (4) In section 137A(5) (additional cross-border powers of urgent cases), after “2003” insert “or under section 55 of the Energy Act 2004”. (5) In section 139 (search powers available on arrest)— (a) in subsection (10A), after “British Transport Police” insert “or a constable appointed as a member of the Civil Nuclear Constabulary”; (b) in subsection (10C), after “British Transport Police” insert “or a constable appointed as a member of the Civil Nuclear Constabulary”. (6) In section 140(6A) (reciprocal powers of arrest), after “2003” insert “or under section 55 of the Energy Act 2004”. I403 S. 309 in force at Royal Assent, see s. 334(2)(n) 310 Publication of three-year strategy plan (1) Schedule 12 to the Energy Act 2004 (planning and reports about Constabulary) is (i) for “financial year” substitute “three-year period”; (ii) for “the three year period beginning with that year” substitute “that (b) for paragraph 3(5) substitute— “(5) In sub-paragraph (1), “three-year period” means— (a) the period of three successive financial years beginning (b) each subsequent period of three successive financial (2) In consequence of the amendments made by subsection (1)—

Part 14 – Civil nuclear sector Chapter 3 – Relevant nuclear pension schemes Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (a) in section 54(1)(b) of the Energy Act 2004 (functions of senior officers), omit (b) in Schedule 12 to that Act— (i) in paragraph 2(3), omit “most recently”; (ii) in paragraph 7(2)(a), omit “most recently issued”. I404 S. 310 not in force at Royal Assent, see s. 334(1) I405 S. 310 in force at 31.1.2024 by S.I. 2024/32, reg. 3(c) 311 Civil nuclear amendment of relevant nuclear pension schemes (1) The Secretary of State may by regulations make provision requiring a designated person to amend the provisions of a relevant nuclear pension scheme in respect of which the person is designated— (a) for the purpose of making scheme-specific changes; (b) for the purpose of making changes that relate to any scheme-specific changes; (c) for the purpose of making contribution rate adjustments. (2) “Scheme-specific changes”, in relation to a relevant nuclear pension scheme, are (a) relate to defined benefits for members of the scheme, and (b) are in connection with one or more of the matters mentioned in subsection (3). (a) securing that the structure under which the defined benefits in question accrue is a career average revalued earnings structure (in particular where it would otherwise be a final salary structure); (b) providing for other changes to the amounts of such of those defined benefits as are payable in respect of members of the scheme; (c) providing for revaluations of pensionable earnings, or of benefits in deferment or pensions in payment, to be by reference to the consumer prices index (and not the retail prices index) but not involving imposing a cap on any revaluation (d) setting percentage rates, for contributions to the scheme by members of the scheme, that are higher than they would otherwise be; (e) setting periods for which contributions to the scheme by members of the scheme are required to be made that are longer than they would otherwise be. (4) Amendments made by virtue of subsection (1)(b) may include amendments relating to benefits provided under the scheme other than defined benefits.
(5) “Contribution rate adjustments” means such adjustments— (a) to the rates of contributions to the scheme by its members in respect of defined

Part 14 – Civil nuclear sector Chapter 3 – Relevant nuclear pension schemes Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (b) to the salary bands to which such contribution rates apply, as are considered appropriate by the designated person (acting on actuarial advice) to ensure that the average contribution rate for members of the scheme in respect of defined benefits is as close as reasonably practicable to 8.2%. (6) Where a person is required by regulations under this section to amend the provisions of a relevant nuclear pension scheme, the amendments may be made— (a) free from any consent requirements set out in the scheme, and (b) notwithstanding provision made by or under any other Act of Parliament, or any rule of law, that would otherwise prevent or limit, or impose conditions on, the making of the amendments. (7) Amendments made by virtue of subsection (1)(a)— (a) must not relate to service prior to the date on which the amendments are made; (b) may be made in the case of a particular scheme on one occasion only. (8) Nothing in this section limits any power that a designated person has to amend a relevant nuclear pension scheme. (9) A person may not be designated in relation to a relevant nuclear pension scheme unless it appears to the Secretary of State that the person has the power to amend the scheme. (10) In this section, “designated” means designated by regulations under this section. I406 S. 311 in force at Royal Assent, see s. 334(2)(o) 312 Meaning of “relevant nuclear pension scheme” (1) In this Chapter, “relevant nuclear pension scheme” means— (a) a pension scheme maintained by or on behalf of the NDA under or by virtue of section 8(1)(a) or (b) of the Energy Act 2004, or (b) subject to subsections (2) and (3), a scheme that provides for the payment of pensions or other benefits to or in respect of persons who are, or have been, employed to perform duties relating to matters that correspond or are similar to matters in respect of which the NDA has functions. (2) A scheme of a kind mentioned in subsection (1)(b) is a relevant nuclear pension scheme only to the extent that the pensions or other benefits are provided in connection with employment by a person with public functions. (3) Subsection (1)(b) does not apply to— (a) a UKAEA pension scheme (within the meaning given by paragraph 1(1) of Schedule 8 to the Energy Act 2004); (b) a scheme that provides for the payment of pensions or other benefits to or in respect of persons specified in section 1(2) of the Public Service Pensions Act 2013 (schemes for persons in public service). (4) In this section, “the NDA” means the Nuclear Decommissioning Authority. Part 14 – Civil nuclear sector Chapter 3 – Relevant nuclear pension schemes Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) I407 S. 312 in force at Royal Assent, see s. 334(2)(o) (1) This section applies where a person (“P”) is required by regulations under section 311 to amend a relevant nuclear pension scheme. (2) P may require a person who holds relevant information to provide it to P. (3) “Relevant information” means any information or data that P reasonably requires in connection with deciding whether, or how, to amend the scheme. (4) Except as provided by subsection (5), the disclosure of information under this section (a) any obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (5) This section does not require a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, a requirement imposed under subsection (2) is to be taken into account). I408 S. 313 in force at Royal Assent, see s. 334(2)(o) (1) This section applies for the purposes of this Chapter. (2) References to the amendment of a relevant nuclear pension scheme include references to the amendment of any one or more of the following— (a) the trust deed of the scheme, if there is one; (c) any other instrument relating to the constitution, management or operation of (3) References to a relevant nuclear pension scheme include references to any section into (4) A “career average revalued earnings structure” is a structure where— (a) the pension payable to or in respect of a person, so far as it is based on the person’s pensionable service, is determined by reference to the person’s pensionable earnings in each year of pensionable service, and (b) those earnings, or a proportion of those earnings accrued as a pension, are under the structure revalued each year until the person leaves pensionable (5) “Consumer prices index” means— (a) the general index of consumer prices (for all items) published by the Statistics

Part 14 – Civil nuclear sector Chapter 3 – Relevant nuclear pension schemes Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (b) where that index is not published for a month, any substituted index or figures (6) “Defined benefits” are benefits— (a) that are not money purchase benefits (within the meaning of the Pension (b) that are not provided under an injury or compensation scheme (within the meaning of the Public Service Pensions Act 2013).
(7) A “final salary structure” is a structure where entitlement to the pension payable to or in respect of a person which is based on the pensionable service of that person is or may be determined to any extent by reference to the person’s final salary; and “final salary” here means the person’s pensionable earnings, or highest, average or representative pensionable earnings, in a specified period ending at, or defined by reference to, the time when the person’s pensionable service in relation to the structure terminates. (8) “Retail prices index” means— (a) the general index of retail prices (for all items) published by the Statistics (b) where that index is not published for a month, any substituted index or figures I409 S. 314 in force at Royal Assent, see s. 334(2)(o) 315 Application of relevant pensions legislation (1) The Secretary of State may by regulations make— (a) such provision about the application of relevant pensions legislation in relation to persons of a specified description, or (b) such amendments of relevant pensions legislation, as the Secretary of State considers appropriate for the purposes of or in connection with the amendment of a relevant nuclear pension scheme in pursuance of regulations “relevant pensions legislation” means— (a) Schedule 8 to the Energy Act 2004 (pensions), or (b) regulations made under Schedule 14 or 15 to the Electricity Act 1989 (the Electricity Supply Pension Scheme etc); “specified” means specified in regulations under subsection (1). I410 S. 315 in force at Royal Assent, see s. 334(2)(o) 316 Procedure for regulations under Chapter 3 (1) Regulations under this Chapter are subject to the affirmative procedure. Part 14 – Civil nuclear sector Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (2) If, apart from this subsection, a draft of an instrument containing regulations under this Chapter would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not I411 S. 316 in force at Royal Assent, see s. 334(2)(o) Great British designation, status and objects (1) The Secretary of State may by notice designate a company as Great British Nuclear. (2) A company may be designated under this section only if— (a) it is limited by shares, and (b) it is wholly owned by the Crown. (3) A notice under subsection (1)— (a) must specify the time from which the designation has effect, and (b) must be published by the Secretary of State as soon as reasonably practicable (4) The designation of a company terminates— (a) if it ceases to be wholly owned by the Crown, or (b) if the Secretary of State revokes its designation by notice. (5) A notice under subsection (4)(b)— (a) must specify the time from which the revocation has effect, and (b) must be published by the Secretary of State as soon as reasonably practicable (6) For the purposes of this section a company is wholly owned by the Crown if each share in the company is held by— (b) the Nuclear Decommissioning Authority established by section 1 of the (c) the United Kingdom Atomic Energy Authority established by section 1 of the Atomic Energy Authority Act 1954, (d) a company which is wholly owned by the Crown, or (e) a nominee of a person falling within any of paragraphs (a) to (d). Part 14 – Civil nuclear sector Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (7) A company designated as Great British Nuclear under this section is exempt from the requirement in section 59 of the Companies Act 2006 (requirement as to use of “company” means a company registered under the Companies Act 2006; “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act). I412 S. 317 in force at Royal Assent, see s. 334(2)(o) (1) Great British Nuclear is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. (2) Great British Nuclear’s property is not to be regarded as property of, or property held I413 S. 318 in force at Royal Assent, see s. 334(2)(o) 319 Great British Nuclear’s objects Great British Nuclear’s objects are to facilitate the design, construction, commissioning and operation of nuclear energy generation projects for the purpose of furthering any policies published by His Majesty's government. I414 S. 319 in force at Royal Assent, see s. 334(2)(o) Financial assistance and directions etc (1) The Secretary of State may provide financial assistance— (a) to Great British Nuclear, or (b) to any other person to facilitate the design, construction, commissioning and operation of nuclear energy generation projects. (2) Financial assistance under this section may be provided in any form and in particular (a) by way of grant, loan, guarantee or indemnity, (b) by the acquisition of shares or any other interest in, or securities of, a body

Part 14 – Civil nuclear sector Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (c) by the acquisition of any undertaking or of any assets, (d) pursuant to a contract, or (e) by incurring expenditure for the benefit of the person assisted.
(3) Financial assistance under this section may be provided subject to such conditions as the Secretary of State considers appropriate, which may include— (a) conditions about repayment with or without interest or other return, or (b) conditions with which Great British Nuclear or any recipient of financial assistance under subsection (1)(b) must comply if the financial assistance is (i) acquiring shares or any other interest in, or securities of, a body (ii) participating in a partnership or joint venture. (4) The power to provide financial assistance under this section is in addition to (and does not limit or replace) any other power of a Minister of the Crown to provide financial “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act); (a) a partnership within the meaning of the Partnership Act 1890, or (b) a limited partnership within the meaning of the Limited Partnerships Act I415 S. 320 in force at Royal Assent, see s. 334(2)(o) 321 Secretary of State directions and guidance (1) The Secretary of State may from time to time give Great British Nuclear directions (2) Before giving a direction or issuing guidance the Secretary of State must consult Great British Nuclear and such other persons as the Secretary of State considers appropriate. (3) Directions may be general or particular in character. (4) Great British Nuclear must— (a) comply with any directions given to it under this section, and (b) have regard to any guidance given to it under this section. (5) The Secretary of State must— (a) publish and lay before Parliament any directions given to Great British Nuclear under this section, and (b) publish any guidance given to Great British Nuclear under this section. Part 14 – Civil nuclear sector Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) I416 S. 321 in force at Royal Assent, see s. 334(2)(o) (1) Great British Nuclear must, after the end of each reporting year, send a report to the Secretary of State about the activities it has undertaken during that year. (2) The Secretary of State must lay a copy of the report before Parliament together with any comments that the Secretary of State considers appropriate. (3) In this section “reporting year”, in relation to Great British Nuclear, means a period of 12 months ending with 31 March (but does not include any period before its designation as Great British Nuclear). I417 S. 322 in force at Royal Assent, see s. 334(2)(o) (1) Great British Nuclear must send a copy of its accounts and reports for each financial year to the Secretary of State before the end of the period for filing those accounts (2) The Secretary of State must lay a copy of any accounts and reports received under subsection (1) before Parliament. “accounts and reports”, in relation to Great British Nuclear, means the annual accounts and reports that Great British Nuclear’s directors must deliver to the registrar under section 441 of the Companies Act 2006; “financial year”, in relation to Great British Nuclear, means Great British Nuclear’s financial year determined in accordance with section 390 of the “period for filing”, in relation to accounts and reports for a financial year, has the same meaning as in the Companies Acts (see section 442 of the “the registrar” has the meaning given by section 1060(3) of the Companies I418 S. 323 in force at Royal Assent, see s. 334(2)(o)

Part 14 – Civil nuclear sector Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) Transfers and pension arrangements etc (1) The Secretary of State may make one or more schemes for the transfer of property, (a) to a GBN body or a proposed GBN body from— (iv) a Minister of the Crown or Crown body; (viii) a nominee of a person falling within any of sub-paragraphs (i) to (vii); (b) to a former GBN body, a Minister of the Crown or Crown body, a designated BNFL body or a public body from— (2) The things that may be transferred under a transfer scheme include— (a) rights and liabilities relating to a contract of employment; (b) property, rights and liabilities that could not otherwise be transferred; (c) property acquired, and rights and liabilities arising, after the making of the (a) create rights, or impose liabilities, in relation to property, rights or liabilities (b) make provision about the continuing effect of things done by a transferor in respect of anything transferred; (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to a transferor in respect of anything transferred; (d) make provision for references to a transferor in an instrument or other document in respect of anything transferred to be treated as references to the (e) make provision for shared ownership or use of the property; (f) make provision for apportioning property, rights or liabilities; (g) require a transferor, an associate of a transferor, or a transferee, to enter into any agreement of any kind, or for a purpose, specified in or determined in (h) make provision for transferring property, rights and liabilities irrespective of any requirement for consent that would otherwise apply; (i) make provision for preventing a right of pre-emption, right of reverter, right of forfeiture, right to compensation or other similar right from arising or becoming exercisable as a result of the transfer of property, rights or liabilities;

Part 14 – Civil nuclear sector Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective.
Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (j) make provision for dispensing with any formality in relation to the transfer of property, rights or liabilities by the scheme; (k) make provision for reimbursing any person in respect of expenditure reasonably incurred by the person in connection with the making of a transfer (l) make provision that has the same or similar effect to the TUPE regulations; (m) make other consequential, supplementary, incidental or transitional provision. (4) A transfer scheme may provide— (a) for modifications by agreement; (b) for modifications to have effect from the date when the original scheme came (5) A transfer scheme may make provision requiring a transferor to provide such co- operation to a transferee as the transferee may reasonably require in connection with the implementation of the scheme. (6) The co-operation that may be required by virtue of subsection (5) includes, in particular, co-operation in relation to— (a) the provision of information; (b) consultation with representatives of employees transferred by the scheme. (7) Any requirement imposed on a person by a transfer scheme is enforceable by the Secretary of State in civil proceedings— (b) for specific performance of a statutory duty under section 45 of the Court of (c) for any other appropriate remedy or relief. (8) Before making a transfer scheme, the Secretary of State must consult— (a) the transferor (or, if there is more than one transferor, the transferors), and (b) such other persons as the Secretary of State considers appropriate. (9) Subsection (8) may be satisfied by consultation before the passing of this Act (as well as by consultation after that time). (10) The making of a transfer scheme is not a trigger event for the purposes of the National Security and Investment Act 2021. “associate” has the meaning given by section 1152 of the Companies Act “company” means a company registered under the Companies Act 2006; “Crown body” means any body corporate in which a Minister of the Crown holds, directly or indirectly, any shares or other interest; “designated BNFL body” means a company designated for the purposes of Schedule 7 to the Energy Act 2004 or any body corporate in which a company designated for those purposes holds, directly or indirectly, any shares or other (a) a company formerly designated as Great British Nuclear, or

Part 14 – Civil nuclear sector Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (b) any body corporate in which a company formerly designated as Great (i) holds, directly or indirectly, any shares or other interest, and (ii) held, directly or indirectly, any shares or other interest, at a time at which it was designated as Great British Nuclear; “GBN body” means Great British Nuclear or any body corporate in which Great British Nuclear holds, directly or indirectly, any shares or other interest; “information” includes documents; “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act); “NDA company” means the Nuclear Decommissioning Authority (established by section 1 of the Energy Act 2004) or any body corporate in which the Nuclear Decommissioning Authority holds, directly or indirectly, “proposed GBN body” means a company that the Secretary of State proposes to designate as Great British Nuclear or any body corporate in which a company proposed to be designated for those purposes holds, directly or indirectly, any shares or other interest; “public body” means a body established by an enactment (within the meaning of Part 1 of this Act) or any body corporate in which a body established by an enactment holds, directly or indirectly, any shares or other “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246); “UKAEA body” means the United Kingdom Atomic Energy Authority (established by section 1 of the Atomic Energy Authority Act 1954) or any body corporate in which the United Kingdom Atomic Energy Authority holds, directly or indirectly, any shares or other interest. I419 S. 324 in force at Royal Assent, see s. 334(2)(o) 325 Transfer compensation (1) A scheme under section 324 may provide for a transferor or any person who has suffered loss or damage in consequence of the scheme to be entitled to compensation from the Secretary of State or a transferee under the scheme, in accordance with provision made by or under the scheme. (2) Where a person is entitled to compensation, the amount of compensation is to be the (a) agreed by the Secretary of State and the person, or (b) in the absence of such agreement, determined by an independent valuer. (3) An independent valuer appointed for the purposes of subsection (2) must be (a) by the Secretary of State and the person, or (b) in the absence of such agreement, by the Secretary of State on behalf of both the Secretary of State and the person. Part 14 – Civil nuclear sector Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (4) The Secretary of State may by regulations make provision about compensation under this section that corresponds or is similar to any provision about compensation that may be made by the Secretary of State by regulations under paragraph 8(4) of Schedule (5) Regulations under this section are subject to the negative procedure.
I420 S. 325 in force at Royal Assent, see s. 334(2)(o) 326 Transfer taxation (1) The Treasury may by regulations make provision varying the way in which a relevant tax has effect in relation to— (a) anything transferred under a scheme under section 324, or (b) anything done for the purposes of, or in relation to, a transfer under such a (2) The provision that may be made under subsection (1) (a) includes, in particular, (a) a tax provision not to apply, or to apply with modifications, in relation to (b) anything transferred to be treated in a specified way for the purposes of a tax (c) the Secretary of State to be required or permitted to determine, or to specify the method for determining, anything that needs to be determined for the purposes of any tax provision so far as relating to anything transferred. (3) The provision that may be made under subsection (1) (b) includes, in particular, (a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, the transfer; (b) anything done for the purposes of, or in relation to, the transfer to have or not have a specified consequence or be treated in a specified way; (c) the Secretary of State to be required or permitted to determine, or to specify the method for determining, anything that needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, the transfer. (a) “relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty reserve tax, stamp duty land tax or value added tax; (b) “tax provision” means any provision— (ii) made by an enactment (within the meaning of Part 1 of this Act); (c) references to the transfer of a property include the grant of the lease. (5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of the House of Commons. Part 14 – Civil nuclear sector Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) I421 S. 326 in force at Royal Assent, see s. 334(2)(o) 327 Transfer provision of information or assistance (1) The Secretary of State may direct a person within subsection (2) to provide the Secretary of State with such specified information or assistance as the Secretary of State may reasonably require in connection with the making of a scheme (2) A person is within this subsection if— (a) property, rights or liabilities are likely to be transferred from or to the person (b) the person is a body corporate that is likely to be transferred under such a (3) Paragraph 12(4), (6), (7) and (8) of Schedule 9 apply to a direction under this section as they apply to a direction under sub-paragraph (1) of that paragraph. “assistance” includes assistance provided in a country or territory other “information” includes documents; “specified” means specified in the direction. I422 S. 327 in force at Royal Assent, see s. 334(2)(o) 328 Reimbursement and compensation in connection with designation The Secretary of State may reimburse a person in respect of expenditure reasonably incurred by the person in preparation for or in connection with the designation of a company under section 317 (other than any expenditure incurred in connection with the making of a scheme under section 324). I423 S. 328 in force at Royal Assent, see s. 334(2)(o) 329 Pension arrangements in connection with Great British Nuclear (1) The Secretary of State may by regulations make provision about pension arrangements in relation to Great British Nuclear that corresponds or is similar to any provision about pension arrangements in relation to the ISOP that may be made by the Secretary of State by regulations under paragraph 2 or 3 of Schedule 10 (see paragraph 4 of that Schedule for restrictions on how the power to make regulations under paragraph 2 or 3 of that Schedule may be exercised). Part 14 – Civil nuclear sector Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (2) Before making regulations under subsection (1) that make provision corresponding or similar to the provision that may be made by regulations under paragraph 2(1) of Schedule 10, the Secretary of State must carry out a consultation corresponding to the consultation required by paragraph 2(5) of that Schedule. (3) Before making regulations under subsection (1) that make provision corresponding or similar to the provision that may be made by regulations under paragraph 3(1) of Schedule 10, the Secretary of State must carry out a consultation corresponding to the consultation required by paragraph 3(4) of that Schedule. (4) Subsections (2) and (3) may be satisfied by consultation before the passing of this Act (as well as by consultation after that time). (5) The Secretary of State may direct a person within subsection (6) to provide the Secretary of State with specified pensions information or such specified assistance as the Secretary of State may reasonably require in preparation for or in connection with the exercise of the power conferred on the Secretary of State by subsection (1).
(6) The following persons are within this subsection— (a) the trustee of a qualifying pension scheme; (b) any person who exercises functions on behalf of a person within paragraph (a); (c) any person who is or has been an employer of a qualifying member of a (7) Sub-paragraphs (5) to (7) of paragraph 5 of Schedule 10 apply to a direction given under subsection (5) as they apply to a direction given under sub-paragraph (1) of that (8) The exercise of the power conferred on the Secretary of State by subsection (1) is not a trigger event for the purposes of the National Security and Investment Act 2021. “pensions information” means information that— (a) relates to pensions or other benefits under a qualifying pension scheme, (b) relates to the administration of a qualifying pension scheme in respect of pensions or other benefits under the scheme; “qualifying member”, in relation to a qualifying pension scheme, means a person who is or has been a member (as defined by section 124(1) of the Pensions Act 1995) of the scheme; “qualifying pension scheme” means a pension scheme that provides for the payment of pensions or other benefits to or in respect of employees or former (a) a transferor in relation to a transfer scheme under section 324, or (b) an associate (as defined by section 1152 of the Companies Act 2006) of “specified” means specified in the direction. (10) Regulations under this section are subject to the negative procedure. Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) I424 S. 329 in force at Royal Assent, see s. 334(2)(o) 330 Power to make consequential provision (1) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate in consequence of or in connection with— (a) this Act, other than sections 205 to 208, or (b) any provision made under this Act. (2) The power to make regulations under subsection (1) may (among other things) be exercised by amending, repealing or revoking— (a) provision made by or under this Act or by or under primary legislation passed before, or in the same Session as, this Act; (b) retained direct EU legislation. (3) In this section, “primary legislation” means— (b) an Act or Measure of Senedd Cymru, (c) an Act of the Scottish Parliament, or (d) Northern Ireland legislation. (4) Subject to subsection (5), regulations under subsection (1) are subject to the negative (5) Where regulations under subsection (1) amend or repeal provision made by primary legislation, the regulations are subject to the affirmative procedure. I425 S. 330 in force at Royal Assent, see s. 334(2)(p) (1) Regulations under this Act made by the Secretary of State, the Treasury or the GEMA are to be made by statutory instrument. (2) Regulations under this Act may make— (a) different provision for different purposes or different areas; (b) supplementary, incidental, consequential, transitional or saving provision. (3) Where regulations under this Act are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament. Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (4) Where regulations under this Act are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of (5) Where regulations under this Act are subject to the made affirmative procedure, the statutory instrument containing them must be laid before Parliament after being made. (6) Regulations under this Act contained in a statutory instrument laid before Parliament under subsection (5) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament. (7) In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which— (a) Parliament is dissolved or prorogued, or (b) either House of Parliament is adjourned for more than four days. (8) If regulations cease to have effect as a result of subsection (6), that does not— (a) affect the validity of anything previously done under the regulations, or (b) prevent the making of new regulations. (9) Any provision that may be included in regulations under this Act subject to the negative procedure may be made by regulations subject to the affirmative procedure or the made affirmative procedure. (10) Any provision that may be included in regulations under this Act subject to the made affirmative procedure may be made by regulations subject to the affirmative I426 S. 331 in force at Royal Assent, see s. 334(2)(p) “the affirmative procedure” and “the negative procedure” are to be construed in accordance with section 331(3) and (4) respectively and “the made affirmative procedure” is to be construed in accordance with section 331(5); “the GEMA” means the Gas and Electricity Markets Authority. I427 S. 332 in force at Royal Assent, see s. 334(2)(p) (1) The following provisions extend to England and Wales, Scotland and Northern Ireland, subject to subsection (5)—

Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023.
(See end of Document for details) (d) Chapter 3 of Part 4, except sections 155 and 159; (f) Chapter 1 of Part 8, except sections 223 and 224; (2) The following provisions extend to England and Wales and Scotland only, subject to (g) Part 7, except section 204; (j) Chapter 2 of Part 14, except section 309; (3) Chapter 2 of Part 8 extends to England and Wales only, subject to subsection (5). (4) Section 224 extends to Scotland only. (5) Any amendment, repeal or revocation has the same extent as the provision amended, repealed or revoked, subject to subsection (6). (6) Paragraph 4 of Schedule 5 extends to England and Wales, Scotland and Northern I428 S. 333 in force at Royal Assent, see s. 334(2)(p) (1) The provisions of this Act come into force on such day or days as the Secretary of State may by regulations appoint, subject to subsections (2) to (4). (2) The following provisions come into force on the day on which this Act is passed— (ii) sections 57 and 58, so far as relating to hydrogen production revenue support contracts and a hydrogen production counterparty;

Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (iv) section 81(1) to (3), so far as relating to a designation under (v) section 83, so far as relating to hydrogen production revenue support contracts and a hydrogen production counterparty; (vi) sections 85 and 88, so far as relating to the exercise of any power that comes into force in accordance with this paragraph, and in this paragraph “hydrogen production revenue support contract” and “hydrogen production counterparty” have the same meaning as in that (ii) section 174 (including Schedule 9 ) and section 175 (iii) section 178(2) and (3), so far as relating to other provisions in force (i) section 203 (including Schedule 15); (j) section 204 (including Schedule 16); (m) Part 11, except sections 264 and 265; (n) sections 307, 308 and 309; (o) Chapters 3 and 4 of Part 14; (3) The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed— (b) Chapters 1 to 3, 5 and 6 of Part 2, so far as not already in force by virtue of

Chapter 4 – Great British Nuclear Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (4) Section 305 (including Schedule 22 ) comes into force on the day on which the Convention on Supplementary Compensation for Nuclear Damage comes into force in respect of the United Kingdom. (5) The Secretary of State must publish a notice of the date of that day as soon as possible (6) Regulations under subsection (1) may appoint different days for different purposes or (7) The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act. I429 S. 334 in force at Royal Assent, see s. 334(2)(p) This Act may be cited as the Energy Act 2023. I430 S. 335 in force at Royal Assent, see s. 334(2)(p)

Schedule 1 – Interim power of Secretary of State to grant licences Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) 1 (1) Sections 7 to 12 are to have effect with the following modifications until the end of (2) In this Schedule “the interim period” means the period beginning when this Schedule comes into force and ending with whatever day the Secretary of State specifies by (3) Regulations under this paragraph are subject to the negative procedure. I431 Sch. 1 para. 1 in force at 26.12.2023, see s. 334(3)(a) 2 In section 7 (power to grant licences)— (a) in subsection (1) for “economic regulator” substitute “Secretary of State”; (b) after subsection (2) insert— “(3) As soon as practicable after granting a licence, the Secretary of State must send a copy of the licence to the economic regulator.”` I432 Sch. 1 para. 2 in force at 26.12.2023, see s. 334(3)(a) 3 In section 9 (procedure for licence applications)— (a) in subsection (1), in the words before paragraph (a), for “Secretary of State, or the economic regulator with the approval of the Secretary of State,” substitute “Secretary of State”; (b) in subsection (4) , for “economic regulator”, in each place it occurs, substitute “Secretary of State”; (c) for subsection (5) substitute— “(5) A notice under subsection (4) must be given by— (a) sending a copy of the notice to the economic regulator and any appropriate devolved authority, and (b) publishing the notice in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons likely to be affected by the grant of the licence.” (d) after subsection (10) insert— “(10A) For the purposes of subsection (5) , the “appropriate devolved

Schedule 2 – Procedure for appeals under section 20 Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023.
(See end of Document for details) (a) the Scottish Ministers, if provision granting the licence in question would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that (b) the Welsh Ministers, if provision granting the licence in question would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government (c) the Department for the Economy in Northern Ireland, if provision granting the licence in question— (i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in (ii) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.” I433 Sch. 1 para. 3 in force at 26.12.2023, see s. 334(3)(a) 4 In section 12 (standard conditions of licences)— (a) in subsection (7)(b) omit “and the Secretary of State”; I434 Sch. 1 para. 4 in force at 26.12.2023, see s. 334(3)(a) Application for permission to bring appeal 1 (1) An application for permission to bring an appeal may be made— (a) only by sending a notice to the CMA requesting the permission, and (b) only by a person entitled under section 20 to bring the appeal if permission (2) Where the economic regulator publishes a decision to modify the conditions of any licence under section 13(8), any application for permission to appeal is not to be made after the end of 20 working days beginning with the first working day after the day on which the decision is published. Schedule 2 – Procedure for appeals under section 20 Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (3) An application for permission to appeal must be accompanied by all such information as may be required by appeal rules. (4) Appeal rules may require information contained in an application for permission to appeal to be verified by a statement of truth. (5) A person who applies for permission to bring an appeal in accordance with this paragraph is referred to in this Schedule as the appellant. (6) The appellant must send the economic regulator— (a) a copy of the application for permission to appeal at the same time as it is (b) such other information as may be required by appeal rules. (7) The CMA’s decision whether to grant permission to appeal is to be taken by an (8) Before the authorised member decides whether to grant permission under this paragraph, the economic regulator must be given an opportunity to make representations or observations, in accordance with paragraph 3(2). (9) The CMA’s decision on an application for permission must be made— (a) where the economic regulator makes representations or observations in accordance with paragraph 3 (2), before the end of 10 working days beginning with the first working day after the day on which those representations or observations are received; (b) in any other case, before the end of 14 working days beginning with the first working day after the day on which the application for permission is (10) The grant of permission may be made subject to conditions, which may include— (a) conditions which limit the matters that are to be considered on the appeal (b) conditions for the purpose of expediting the determination of the appeal, and (c) conditions requiring that appeal to be considered together with other appeals (including appeals relating to different matters or decisions and appeals brought by different persons). (11) Where a decision is made to grant or to refuse an application for permission, an authorised member of the CMA must notify the decision, giving reasons— (b) to the economic regulator. (12) A decision of the CMA under this paragraph must be published, in such manner as an authorised member of the CMA considers appropriate, as soon as reasonably (13) Section 25(2) applies to the publication of a decision under sub-paragraph (12) as it does to the publication of a decision under section 25. 2 (1) The CMA may direct that, pending the determination of an appeal against a decision

Schedule 2 – Procedure for appeals under section 20 Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (a) the decision is not to have effect, or (b) the decision is not to have effect to such extent as may be specified in the (2) The power to give a direction under this paragraph is exercisable only where— (a) an application for its exercise has been made by the appellant at the same time that the appellant made an application (in accordance with paragraph 1) for permission to bring an appeal against a decision of the economic (b) the economic regulator has been given an opportunity of making representations or observations, in accordance with paragraph 3(2); (c) a person bringing the appeal who falls within section 20 (2)(a) or (b) would incur significant costs if the decision were to have effect before the determination of the appeal, and (d) the balance of convenience does not otherwise require effect to be given to the decision pending that determination.
(3) The CMA’s decision on an application for a direction under this paragraph must be (a) where the economic regulator makes representations or observations in accordance with paragraph 3(2) before the end of 10 working days beginning with the first working day after the day on which those representations or (b) in any other case, before the end of 14 working days beginning with the first working day following the day on which the application under sub- (4) The appellant must send the economic regulator a copy of the application for a direction under this paragraph at the same time as it is sent to the CMA. (5) The CMA’s decision whether to give a direction is to be taken by an authorised (6) A direction under this paragraph must be— (a) given by an authorised member of the CMA, and (b) published, in such manner as an authorised member of the CMA considers appropriate, as soon as reasonably practicable after it is given. (7) Section 25(2) applies to the publication of a direction under sub-paragraph (6) as it does to the publication of a decision under section 25. I436 Sch. 2 para. 2 in force at 26.12.2023, see s. 334(3)(a) Time limit for representations and observations by the economic regulator 3 (1) Sub-paragraph (2) applies where the economic regulator wishes to make representations or observations to the CMA in relation to— (a) an application for permission to bring an appeal under paragraph 1; (b) an application for a direction under paragraph 2. Schedule 2 – Procedure for appeals under section 20 Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (2) The economic regulator must make the representations or observations in writing before the end of 10 working days beginning with the first working day after the day on which it received a copy of the application under paragraph 1(6) or 2(4) as the (3) Sub-paragraph (4) applies where an application for permission to bring an appeal has been granted and the economic regulator wishes to make representations or observations to the CMA in relation to— (a) the economic regulator’s reasons for the decision in relation to which the (b) any grounds on which that appeal is being brought against that decision. (4) The economic regulator must make the representations or observations in writing before the end of 15 working days beginning with the first working day after the day on which permission to bring the appeal was granted. (5) The economic regulator must send a copy of the representations and observations it makes under this paragraph to the appellant. I437 Sch. 2 para. 3 in force at 26.12.2023, see s. 334(3)(a) Determination of matter on appeal 4 (1) A group constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 20 must consist of three members of (2) A decision of the group is effective if, and only if— (a) all the members of the group are present when it is made, and (b) at least two members of the group are in favour of the decision. I438 Sch. 2 para. 4 in force at 26.12.2023, see s. 334(3)(a) Matters to be considered on appeal 5 (1) The CMA, if it thinks it necessary to do so for the purpose of securing the determination of an appeal within the period provided for by section 24 , may (a) any or all matters raised by an appellant that were not raised by that appellant at the time of the relevant application, and (b) any or all matters raised by the economic regulator that were not contained in representations or observations made for the purposes of the appeal in (2) In this paragraph “relevant application” means an application under paragraph 1 or 2. Schedule 2 – Procedure for appeals under section 20 Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) I439 Sch. 2 para. 5 in force at 26.12.2023, see s. 334(3)(a) 6 (1) For the purposes of this Schedule, the CMA may by notice require— (a) a person to produce to the CMA the documents specified or otherwise (b) any person who carries on a business to supply to the CMA such estimates, forecasts, returns or other information as may be specified or described in the notice in relation to that business. (2) The power to require the production of a document, or the supply of any estimate, forecast, return or other information, is a power to require its production or, as the (a) at the time and place specified in the notice, and (3) No person is to be compelled under this paragraph to produce a document or supply an estimate, forecast, return or other information that the person could not be compelled to produce in civil proceedings in the High Court or Court of Session. (4) An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken of a document produced or an estimate, forecast, return or other information supplied under this (5) A notice for the purposes of this paragraph— (a) may be issued on the CMA’s behalf by an authorised member of the CMA; (b) must include information about the possible consequences of not complying with the notice (as set out in paragraph 10). I440 Sch. 2 para.
6 in force at 26.12.2023, see s. 334(3)(a) 7 (1) For the purposes of this Schedule an oral hearing may be held, and evidence may (a) by a person considering an application for permission to bring an appeal (b) by a person considering an application for a direction under paragraph 2, or (c) by a group with the function of determining an appeal; and, for that purpose, such a person or group may administer oaths. (2) The CMA may by notice require a person— (a) to attend at a time and place specified in the notice, and

Schedule 2 – Procedure for appeals under section 20 Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (b) at that time and place, to give evidence to a person or group mentioned in sub- (3) At any oral hearing the person or group conducting the hearing may require— (a) the appellant, or the economic regulator, if present at the hearing to give evidence or to make representations or observations, or (b) a person attending the hearing as a representative of the appellant or of the economic regulator to make representations or observations. (4) A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any party to the appeal. (5) If the appellant, the economic regulator, or the economic regulator’s representative (a) there is no requirement to give notice to that person under sub-paragraph (2), (b) the person or group conducting the hearing may determine the application or appeal without hearing that person’s evidence, representations or (6) No person is to be compelled under this paragraph to give evidence which that person could not be compelled to give in civil proceedings in the High Court or Court of (7) Where a person is required under this paragraph to attend at a place more than 10 miles from that person’s place of residence, an authorised member of the CMA must arrange for that person to be paid the necessary expenses of attendance. (8) A notice for the purposes of this paragraph may be issued on the CMA’s behalf by an authorised member of the CMA. I441 Sch. 2 para. 7 in force at 26.12.2023, see s. 334(3)(a) 8 (1) The CMA may by notice require a person to produce a written statement with respect to a matter specified in the notice to— (a) a person who is considering, or is to consider, an application for a direction (b) a group with the function of determining an appeal. (2) The power to require the production of a written statement includes power— (a) to specify the time and place at which it is to be produced, and (b) to require it to be verified by a statement of truth, and a statement required to be so verified must be disregarded unless it is so verified. (3) No person is to be compelled under this paragraph to produce a written statement with respect to any matter about which that person could not be compelled to give evidence in civil proceedings in the High Court or Court of Session. Schedule 2 – Procedure for appeals under section 20 Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (4) A notice for the purposes of this paragraph may be issued on the CMA’s behalf by an authorised member of the CMA. I442 Sch. 2 para. 8 in force at 26.12.2023, see s. 334(3)(a) 9 Where permission to bring an appeal is granted under paragraph 1 the CMA may commission expert advice with respect to any matter raised by a party to that appeal. I443 Sch. 2 para. 9 in force at 26.12.2023, see s. 334(3)(a) Defaults in relation to evidence 10 (1) If a person (“the defaulter”)— (a) fails to comply with a notice issued or other requirement imposed (b) in complying with a notice under paragraph 8, makes a statement that is false in any material particular, or (c) in providing information verified in accordance with a statement of truth required by appeal rules, provides information that is false in a material an authorised member of the CMA may certify the failure, or the fact that such a false statement has been made or such false information has been given, to the High Court or the Court of Session. (2) The High Court or Court of Session may inquire into a matter certified to it under this paragraph, and if, after having heard— (a) any witness against or on behalf of the defaulter, and (b) any statement in that defaulter’s defence, it is satisfied that the defaulter did, without reasonable excuse, fail to comply with the notice or other requirement, or made the false statement, or gave the false information, that court may punish that defaulter as if the person had been guilty of (3) Where the High Court or Court of Session has power under this paragraph to punish a body corporate for contempt of court, it may so punish any director or other officer of that body (either instead of or as well as punishing the body). (4) A person who wilfully alters, suppresses or destroys a document which that person has been required to produce under paragraph 6 is guilty of an offence and is to be (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

Schedule 2 – Procedure for appeals under section 20 Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023.
(See end of Document for details) (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both); (d) on conviction on indictment, to imprisonment for a term not exceeding 2 I444 Sch. 2 para. 10 in force at 26.12.2023, see s. 334(3)(a) 11 (1) A group that determines an appeal must make an order requiring the payment to the CMA of the costs or expenses incurred by the CMA in connection with the appeal. (2) An order under sub-paragraph (1) must require those costs or expenses to be paid— (a) where the appeal is allowed in full, by the economic regulator; (b) where the appeal is dismissed in full, by the appellant; (c) where the appeal is partially allowed, by one or more parties in such proportions as the CMA considers appropriate in all the circumstances. (3) The group that determines an appeal may also make such order as it thinks fit for requiring a party to the appeal to make payments to another party in respect of costs or expenses reasonably incurred by that other party in connection with the appeal. (4) A person who is required by an order under this paragraph to pay a sum to another person must comply with the order before the end of 28 days beginning with the day after the making of the order. (5) Sums required to be paid by an order under this paragraph but not paid within the period mentioned in sub-paragraph (4) are to bear interest at such rate as may be determined in accordance with provision contained in the order. (6) Any costs or expenses payable by virtue of an order under this paragraph and any interest that has not been paid may be recovered as a civil debt by the person in whose I445 Sch. 2 para. 11 in force at 26.12.2023, see s. 334(3)(a) 12 (1) The CMA Board may make rules of procedure regulating the conduct and disposal (2) Those rules may include provision supplementing the provisions of this Schedule in relation to any application, notice, hearing, power or requirement for which this Schedule provides, and that provision may, in particular, impose time limits or other

Schedule 2 – Procedure for appeals under section 20 Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (a) the taking of evidence at an oral hearing, or (b) the making of representations or observations at such a hearing. (3) The CMA Board must publish rules made under this paragraph in such manner as it considers appropriate for the purpose of bringing them to the attention of those likely to be affected by them. (4) Before making rules under this paragraph, the CMA Board must consult such persons (5) Rules under this paragraph may make different provision for different cases. I446 Sch. 2 para. 12 in force at 26.12.2023, see s. 334(3)(a) “appeal” means an appeal under section 20; “appeal rules” means rules of procedure under paragraph 12; “authorised member of the CMA”— (a) in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power; (b) in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the (i) any member of the CMA Board who is also a member of the (ii) any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power “CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013; “statement of truth”, in relation to the production of a statement or provision of information by a person, means a statement that the person believes the facts stated in the statement or information to be true; “working day” means any day other than— (b) Christmas Day or Good Friday; (c) a day which is a bank holiday in England and Wales or Scotland under the Banking and Financial Dealings Act 1971. (2) References in this Schedule to a party to an appeal are references to—

Schedule 3 – Enforcement of obligations of licence holders Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) I447 Sch. 2 para. 13 in force at 26.12.2023, see s. 334(3)(a) Orders for securing compliance with certain provisions 1 (1) Where the economic regulator is satisfied that a licence holder is contravening, or is likely to contravene, any relevant condition or requirement, the economic regulator must make an order (a “final order”) containing such provision as appears to the economic regulator to be necessary for the purpose of securing compliance with that condition or requirement (but this sub-paragraph does not apply if the economic regulator is required by sub-paragraph (2) to make a provisional order in respect of the contravention or likely contravention).
(2) Where it appears to the economic regulator— (a) that a licence holder is contravening, or is likely to contravene, any relevant (b) that it is appropriate to make an order under this sub-paragraph, the economic regulator must (instead of taking steps towards the making of a final order) make an order (a “provisional order”) containing such provision as appears to the economic regulator to be necessary for the purpose of securing compliance with that condition or requirement. (3) In determining for the purposes of sub-paragraph (2)(b) whether it is appropriate to make a provisional order, the economic regulator must have regard, in particular, to the extent to which any person is likely to sustain loss or damage in consequence of anything that is likely to be done (or omitted to be done) in contravention of the relevant condition or requirement before a final order may be made. (4) The economic regulator must confirm a provisional order, with or without (a) the economic regulator is satisfied that the licence holder is contravening, or is likely to contravene, any relevant condition or requirement, and (b) the provision made by the order (with any modifications) is necessary for the purpose of securing compliance with that condition or requirement. (5) If a provisional order is not previously confirmed under sub-paragraph (4), it is to cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order. (6) Sub-paragraphs (1) to (4) are subject to sub-paragraphs (7) to (9) and paragraph 2. (a) must, before making a final order or making or confirming a provisional order, consider whether it would be more appropriate to proceed under the Competition Act 1998 (see section 37);

Schedule 3 – Enforcement of obligations of licence holders Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (b) must not make a final order, or make or confirm a provisional order, if the economic regulator considers that it would be more appropriate to proceed (8) The economic regulator may not make a final order or make or confirm a provisional order if the economic regulator is satisfied that the duties imposed on the economic regulator by section 1 preclude the making or, as the case may be, the confirmation (9) The economic regulator is not required to make a final order or make or confirm a provisional order if it is satisfied— (a) that the licence holder has agreed to take and is taking all such steps as appear to the economic regulator to be for the time being appropriate for the purpose of securing or facilitating compliance with the condition or requirement in (b) that the contraventions were, or the apprehended contraventions are, of a (10) Where the economic regulator decides that it would be more appropriate to proceed under the Competition Act 1998 or is satisfied as mentioned in sub-paragraphs (8) and (9), the economic regulator must— (a) give notice to the licence holder that the economic regulator has so decided (b) publish a copy of the notice in such manner as the economic regulator considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them. (11) A final or provisional order— (a) must require the licence holder (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a (b) must take effect at such time as is determined by or under the order, which must be the earliest practicable time, and (c) may be revoked at any time by the economic regulator. “final order” means an order under sub-paragraph (1); “provisional order” means an order under sub-paragraph (2); “relevant condition”, in relation to a licence holder, means any condition of any licence (as defined in section 7) held by that person; “relevant requirement”, in relation to a licence holder, means any requirement imposed on the licence holder by or under this Part. I448 Sch. 3 para. 1 in force at 26.12.2023, see s. 334(3)(a) 2 (1) Before making a final order or confirming a provisional order, the economic regulator

Schedule 3 – Enforcement of obligations of licence holders Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (a) stating that the economic regulator proposes to make or confirm the order (i) the relevant condition or requirement, (ii) the acts or omissions which, in the economic regulator’s opinion, constitute or would constitute contraventions of it, and (iii) the other facts which, in the economic regulator’s opinion, justify the making or confirmation of the order, and (c) specifying the time (which must not be less than 21 days from the date of publication of the notice) within which representations or objections to the proposed order or confirmation of the order may be made, and must consider any representations or objections which are duly made and not (2) A notice under sub-paragraph (1) is given— (a) by publishing the notice in such manner as the economic regulator considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them, and (b) by sending a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, to the licence holder. (3) The economic regulator must not make a final order with modifications, or confirm a provisional order with modifications, except with the consent of the licence holder or after complying with the requirements of sub-paragraph (4).
(4) The requirements are that the economic regulator must— (a) give to the licence holder such notice as the economic regulator considers necessary of the economic regulator’s proposal to make or confirm the order (b) specify the time (which must not be less than 21 days from the date of the service of the notice) within which representations or objections to the proposed modifications may be made, and (c) consider any representations or objections which are duly made and not (5) Where the economic regulator decides to proceed under the Competition Act 1998 in a case falling within paragraph 1(7)(b), the economic regulator must— (a) inform the licence holder concerned of that decision, and (b) publish the notice in a manner that the economic regulator thinks appropriate for bringing the notice to the attention of persons likely to be affected by (6) Before revoking a final order or a provisional order which has been confirmed, the economic regulator must give notice— (a) stating that the economic regulator proposes to revoke the order and setting (b) specifying the time (which must not be less than 28 days) from the date of publication of the notice within which representations or objections to the proposed revocation may be made, and must consider any representations or objections which are duly made and not

Schedule 3 – Enforcement of obligations of licence holders Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (7) A notice under sub-paragraph (6) is given— (a) by publishing the notice in such manner as the economic regulator considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them, and (b) by sending a copy of the notice to the licence holder. (8) As soon as practicable after a final order is made or a provisional order is made or confirmed, the economic regulator must— (a) serve a copy of the order on the licence holder, and (b) publish such a copy in such manner as the economic regulator considers appropriate for the purpose of bringing the order to the attention of persons I449 Sch. 3 para. 2 in force at 26.12.2023, see s. 334(3)(a) 3 (1) If the licence holder is aggrieved by a final or provisional order and wishes to question its validity on the ground that the making or confirmation of it was not within the powers of paragraph 1, or that any of the requirements of paragraph 2 have not been complied with in relation to it, the licence holder may within 42 days from the date of service on the licence holder of a copy of the order make an application to the court under this paragraph. (2) On any such application the court, if satisfied that the making or confirmation of the order was not within those powers or that the interests of the licence holder have been substantially prejudiced by a failure to comply with those requirements, may quash the order or any provision of the order. (3) Except as provided by this paragraph, the validity of a final or provisional order may not be questioned by any legal proceedings whatever. (4) The obligation to comply with a final or provisional order is a duty owed to any person who may be affected by a contravention of it. (5) Where a duty is owed by virtue of sub-paragraph (4) to any person any breach of the duty which causes that person to sustain loss or damage is to be actionable at the suit or instance of that person. (6) In any proceedings brought against any person in pursuance of sub-paragraph (5), it is a defence for the person to prove that they took all reasonable steps and exercised all due diligence to avoid contravening the order. (7) Without prejudice to any right which any person may have by virtue of sub- paragraph (5) to bring civil proceedings in respect of any contravention or apprehended contravention of a final or provisional order, compliance with any such order is to be enforceable by civil proceedings by the economic regulator for an injunction or interdict or for any other appropriate relief. (8) In this paragraph “the court” means— (a) in relation to England and Wales and Northern Ireland, the High Court;

Schedule 3 – Enforcement of obligations of licence holders Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (b) in relation to Scotland, the Court of Session. I450 Sch. 3 para. 3 in force at 26.12.2023, see s. 334(3)(a) 4 (1) Where the economic regulator is satisfied that a licence holder has contravened or is contravening any relevant condition or requirement, the economic regulator may, subject to paragraph 6, impose on the licence holder a penalty of such amount as is reasonable in all the circumstances of the case.
(2) Before imposing a penalty on a licence holder under sub-paragraph (1), the economic regulator must consider whether it would be more appropriate to proceed under the (3) The economic regulator must not impose a penalty on a licence holder under sub- paragraph (1) if it considers that it would be more appropriate to proceed under the (4) Before imposing a penalty on a licence holder under sub-paragraph (1) the economic (a) stating that it proposes to impose a penalty and the amount of the penalty (b) setting out the relevant condition or requirement, (c) specifying the acts or omissions which, in the opinion of the economic regulator, constitute the contravention in question and the other facts which, in the opinion of the economic regulator, justify the imposition of a penalty and the amount of the penalty proposed, and (d) specifying the period (which must not be less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed penalty may be made, and must consider any representations or objections which are duly made and not (5) Before varying any proposal stated in a notice under sub-paragraph (4)(a) the economic regulator must give notice— (a) setting out the proposed variation and the reasons for it, and (b) specifying the period (which must be at least 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed variation may be made, and must consider any representations or objections which are duly made and not (6) As soon as practicable after imposing a penalty, the economic regulator must give (a) stating that it has imposed a penalty on the licence holder and its amount, (b) setting out the relevant condition or requirement in question, (c) specifying the acts or omissions which, in the opinion of the economic regulator, constitute the contravention in question and the other facts which,

Schedule 3 – Enforcement of obligations of licence holders Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) in the opinion of the economic regulator, justify the imposition of the penalty (d) specifying a date, no earlier than the end of the period of 42 days from the date of service of the notice on the licence holder, by which the penalty is (7) The licence holder may, within 21 days of the date of service on the licence holder of a notice under sub-paragraph (6), make an application to the economic regulator for it to specify different dates by which different portions of the penalty are to be paid. (8) Any notice required to be given under this paragraph must be given— (a) by publishing the notice in such manner as the economic regulator considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them, and (b) by serving a copy of the notice on the licence holder. (9) This paragraph is subject to paragraph 10 (maximum amount of penalty that may (10) Any sums received by the economic regulator by way of penalty under this paragraph must be paid into the Consolidated Fund. I451 Sch. 3 para. 4 in force at 26.12.2023, see s. 334(3)(a) Statement of policy with respect to penalties 5 (1) The economic regulator must prepare and publish a statement of policy with respect to the imposition of penalties and the determination of their amount. (2) In deciding whether to impose a penalty, and in determining the amount of any penalty, in respect of a contravention the economic regulator must have regard to its statement of policy most recently published at the time when the contravention (3) The economic regulator may revise its statement of policy and where it does so must publish the revised statement. (4) Publication under this paragraph must be in such manner as the economic regulator considers appropriate for the purpose of bringing the matters contained in the statement of policy to the attention of persons likely to be affected by them. (5) The economic regulator must undertake such consultation as it considers appropriate when preparing or revising its statement of policy. I452 Sch. 3 para. 5 in force at 26.12.2023 see s. 334(3)(a)

Schedule 3 – Enforcement of obligations of licence holders Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) Time limits on the imposition of penalties 6 (1) Where no final or provisional order has been made in relation to a contravention, the economic regulator may not impose a penalty in respect of the contravention later than the end of the period of five years from the time of the contravention, unless before the end of that period— (a) the notice under paragraph 4(4) relating to the penalty is served on the licence holder under paragraph 4(8), or (b) a notice under section 29 (2)(b) is served on the licence holder which specifies that the notice is served in connection with a concern on the part of the economic regulator that the licence holder may be contravening, or may have contravened, a relevant condition or requirement. (2) Where a final or provisional order has been made in relation to a contravention, the economic regulator may not impose a penalty in respect of the contravention unless the notice relating to the penalty under paragraph 4(4) was served on the licence (a) within three months from the confirmation of the provisional order or the (b) where the provisional order is not confirmed, within six months from the making of the provisional order. I453 Sch. 3 para.
6 in force at 26.12.2023, see s. 334(3)(a) Interest and payment of instalments 7 (1) If the whole or any part of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time is to carry interest at the rate for the time being specified in section 17 of the Judgments Act 1838. (2) If an application is made under paragraph 4(7) in relation to a penalty, the penalty is not required to be paid until the application has been determined. (3) If the economic regulator grants an application under that sub-paragraph in relation to a penalty but any portion of the penalty is not paid by the date specified in relation to it by the economic regulator under that sub-paragraph, the economic regulator may where it considers it appropriate require so much of the penalty as has not already been paid to be paid immediately. I454 Sch. 3 para. 7 in force at 26.12.2023, see s. 334(3)(a) 8 (1) If the licence holder on whom a penalty is imposed is aggrieved by— (a) the imposition of the penalty, (b) the amount of the penalty, or

Schedule 3 – Enforcement of obligations of licence holders Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (c) the date by which the penalty is required to be paid, or the different dates by which different portions of the penalty are required to be paid, the licence holder may make an application to the court under this paragraph. (2) An application under sub-paragraph (1) must be made— (a) within 42 days from the date of service on the licence holder of a notice (b) where the application relates to a decision of the economic regulator on an application by the licence holder under paragraph 4(7), within 42 days from the date the licence holder is notified of the decision. (3) On any such application, where the court considers it appropriate to do so in all the circumstances of the case and is satisfied of one or more of the grounds falling within sub-paragraph (4), the court— (b) may substitute a penalty of such lesser amount as the court considers appropriate in all the circumstances of the case, or (c) in the case of an application under sub-paragraph (1)(c), may substitute for the date or dates imposed by the economic regulator an alternative date or (4) The grounds falling within this sub-paragraph are— (a) that the imposition of the penalty was not within the power of the economic (b) that any of the requirements of sub-paragraphs (4) to (6) or (8) of paragraph 4 have not been complied with in relation to the imposition of the penalty and the interests of the licence holder have been substantially prejudiced by (c) that it was unreasonable of the economic regulator to require the penalty imposed, or any portion of it, to be paid by the date or dates by which it was (5) If an application is made under this paragraph in relation to a penalty, the penalty is not required to be paid until the application has been determined. (6) Where the court substitutes a penalty of a lesser amount it may require the payment of interest on the substituted penalty at such rate, and from such date, as it considers (7) Where the court specifies, as a date by which the penalty or a portion of the penalty is to be paid, a date before the determination of the application under this paragraph it may require the payment of interest on the penalty, or portion, from that date at such rate as it considers just and equitable. (8) Except as provided by this paragraph, the validity of a penalty is not to be questioned by any legal proceedings whatever. (9) In this paragraph “the court” means— (a) in relation to England and Wales or Northern Ireland, the High Court, and (b) in relation to Scotland, the Court of Session. Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) I455 Sch. 3 para. 8 in force at 26.12.2023, see s. 334(3)(a) 9 Where a penalty imposed under paragraph 4(1), or any portion of it, has not been paid by the date on which it is required to be paid and— (a) no application relating to the penalty has been made under paragraph 8 during the period within which such an application can be made, or (b) an application has been made under that paragraph and determined, the economic regulator may recover from the licence holder, as a civil debt due to it, any of the penalty and any interest which has not been paid. I456 Sch. 3 para. 9 in force at 26.12.2023, see s. 334(3)(a) 10 (1) The maximum amount of penalty that may be imposed on a licence holder in respect of a contravention may not exceed 10 per cent of the licence holder’s turnover. (2) The Secretary of State may by regulations provide for how a person’s turnover is to be determined for the purposes of this paragraph. (3) Regulations under sub-paragraph (2) are subject to the affirmative procedure. (4) In this paragraph “penalty” means a penalty imposed on a licence holder I457 Sch. 3 para. 10 in force at 26.12.2023, see s. 334(3)(a) Application and commencement of scheme 1 (1) A scheme may set out the property, rights and liabilities to be transferred in one or (a) by specifying or describing them in particular; (b) by identifying them generally by reference to, or to a specified part of, an undertaking from which they are to be transferred; or (c) by specifying the manner in which they are to be determined.
Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (2) A scheme comes into force on the date appointed by the scheme. I458 Sch. 4 para. 1 in force at 26.12.2023, see s. 334(3)(a) Property, rights and liabilities that may be transferred 2 (1) The property, rights and liabilities that may be transferred by a scheme include— (a) property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the transferor; (b) property acquired in the period after the making of the scheme and before it comes into force and rights and liabilities arising in that period; (c) rights and liabilities arising after the scheme comes into force in respect of matters occurring before it comes into force; (d) property situated in the United Kingdom, otherwise in a controlled place, or (e) rights and liabilities under the law of a part of the United Kingdom or of a place outside the United Kingdom; (f) rights and liabilities under an enactment or subordinate legislation. (2) The transfers to which effect may be given by a scheme include transfers that are to take effect in accordance with the scheme as if there were— (a) no such requirement to obtain a person’s consent or concurrence, (b) no such liability in respect of a contravention of any other requirement, and (c) no such interference with any interest or right, as there would be, in the case of a transaction apart from this Act, by reason of a provision falling within sub-paragraph (3). (3) A provision falls within this sub-paragraph to the extent that it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled or subject to anything to which the transfer relates. (4) Sub-paragraph (5) applies where (apart from that sub-paragraph) a person would be entitled, in consequence of anything done or likely to be done by or under this Act (a) to terminate, modify, acquire or claim an interest or right to which the transferor is entitled or subject, or (b) to treat such an interest or right as modified or terminated. (5) That entitlement is to be enforceable in relation to the interest or right— (a) in consequence of what is done or likely to be done by or under this Act, and (b) in corresponding circumstances arising after the transfer, to the extent only that the scheme provides for it to be so enforceable. (6) Sub-paragraphs (2) to (5) have effect where shares in a subsidiary of the transferor (a) as if the reference in sub-paragraph (3) to the terms on which the transferor is entitled or subject to anything to which the transfer relates included a

Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) reference to the terms on which the subsidiary is entitled or subject to anything immediately before the transfer takes effect, and (b) as if the reference in sub-paragraph (4) to the transferor included a reference I459 Sch. 4 para. 2 in force at 26.12.2023, see s. 334(3)(a) Dividing and modifying transferor’s property, rights and liabilities 3 (1) A scheme may contain provision— (a) for the creation, in favour of a transferor or transferee, of an interest or right in or in relation to property to be transferred in accordance with the scheme; (b) for giving effect to a transfer to a person by the creation, in favour of that person, of an interest or right in or in relation to property to be retained by (c) for the creation of new rights and liabilities (including rights of indemnity and duties to indemnify) as between different transferees and as between a (2) A scheme may contain provision for the creation of rights and liabilities for the purpose of converting arrangements between different parts of a transferor’s undertaking which exist immediately before the coming into force of the scheme into a contract between different transferees, or between a transferee and a transferor. (3) A scheme may contain provision— (a) for rights and liabilities to be transferred so as to be enforceable by or against more than one transferee, or by or against both the transferee and (b) for rights and liabilities enforceable against more than one person in accordance with provision falling within paragraph (a) to be enforceable in different or modified respects by or against each or any of them. (4) A scheme may contain provision for interests, rights or liabilities of third parties in relation to anything to which the scheme relates to be modified in the manner set (5) In sub-paragraph (4) “third party”, in relation to a scheme, means a person other than the transferor and the transferee. (6) Paragraph 2(2) and (3) applies to the creation of interests and rights in accordance with a scheme as it applies to the transfer of interests and rights. I460 Sch. 4 para. 3 in force at 26.12.2023, see s. 334(3)(a) Obligation to effect transfers etc. under a scheme 4 (1) A scheme may contain provision for imposing on a transferee or a transferor an

Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (a) to enter into such agreements with another person on whom a corresponding obligation is, or could be or has been, imposed by virtue of this paragraph (whether in the same or a different scheme), or (b) to execute such instruments in favour of any such person, as may be specified or described in the scheme.
(2) An obligation imposed on a person by virtue of sub-paragraph (1) is enforceable by the relevant person in civil proceedings— (b) for specific performance of a statutory duty under section 45 of the Court (c) for any other appropriate remedy or relief. (3) The relevant person for the purposes of sub-paragraph (2) is the person with, or in favour of whom, the agreement or instrument is to be entered into or executed. I461 Sch. 4 para. 4 in force at 26.12.2023, see s. 334(3)(a) Transfer of licences and permits 5 (1) A scheme may include provision to transfer any licence or permit held by the transferor from the transferor to the transferee. (2) Such a transfer may relate to the whole or any part of the licence or permit. (3) Where such a transfer relates to a part of the licence or permit, the provision made under sub-paragraph (1) may include— (a) provision apportioning responsibility between the transferor and the (i) the making of payments required by conditions included in the licence or (as the case may be) permit, (ii) ensuring compliance with any other requirements of the conditions included in the licence or (as the case may be) permit, and (b) provision making incidental modifications to the terms and conditions of the (4) References in this paragraph to a part of a licence or permit are references to one (a) a part of the activities authorised by the licence or (as the case may be) (b) a part of the area in relation to which the holder of the licence or (as the case may be) permit is authorised to carry on those activities. I462 Sch. 4 para. 5 in force at 26.12.2023, see s. 334(3)(a)

Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) Powers and duties under statutory provisions 6 (1) A scheme may contain provision for some or all of the powers and duties to which this (a) to be transferred to the transferee, (b) to become powers and duties that are exercisable, or must be performed, concurrently by two or more transferees, or (c) to become powers and duties that are exercisable, or must be performed, concurrently by a transferor and a transferee. (2) Provision falling within sub-paragraph (1) may apply to powers and duties only in so far as they are exercisable or required to be performed in the area specified or (3) The powers and duties to which this paragraph applies are the powers and duties conferred or imposed upon the transferor by or under an enactment, so far as those powers and duties are connected with— (a) the undertaking of the transferor to the extent the scheme relates to that (b) any property, rights or liabilities to be transferred in accordance with the (4) The powers and duties mentioned in sub-paragraph (3) include, in particular, powers and duties relating to the carrying out of works or the acquisition of land. I463 Sch. 4 para. 6 in force at 26.12.2023, see s. 334(3)(a) 7 (1) Where a scheme provides for the transfer of property, rights or liabilities, or for the creation of interests, rights or liabilities— (a) this Act has the effect that, at the time when the scheme comes into force, the property or interests, rights or liabilities vest, without further assurance, (b) the provisions of that scheme in relation to that property or those interests, rights or liabilities have effect from that time. (2) Sub-paragraph (1) is subject to so much of a scheme as provides for— (a) the transfer of property, rights or liabilities which are to be transferred in accordance with the scheme, or (b) the creation of interests, rights and liabilities which are to be created in to be effected by or under an agreement or instrument entered into or executed in pursuance of an obligation imposed by virtue of paragraph 4(1). (3) In its application to Scotland, sub-paragraph (1) has effect with the omission of the words “without further assurance”. Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) I464 Sch. 4 para. 7 in force at 26.12.2023, see s. 334(3)(a) Supplementary provisions of schemes (a) make incidental, supplemental, consequential and transitional provision in connection with the other provisions of the scheme; (b) make different provision for different purposes.
(2) In particular, a scheme may make provision, in relation to transfers in accordance (a) for the transferee to be treated as the same person in law as the transferor; (b) for agreements made, transactions effected or other things done by or in relation to the transferor to be treated, so far as may be necessary for the purposes of or in connection with the transfers, as made, effected or done by or in relation to the transferee; (c) for references in an agreement, instrument or other document to the transferor, or to an employee or office holder of the transferor, to have effect, so far as may be necessary for the purposes of or in connection with a transfer, with such modifications as are specified in the scheme; (d) that the effect of any transfer in accordance with the scheme in relation to contracts of employment with the transferor is not to terminate any of those contracts but is to be that periods of employment with the transferor are to count for all purposes as periods of employment with the transferee; (e) for proceedings commenced by or against the transferor to be continued by (3) Sub-paragraph (2)(c) does not apply to references in an enactment or in subordinate (4) A scheme may make provision for disputes as to the effect of the scheme between the transferor and the transferee to be referred to such arbitration as may be specified in or determined under the scheme. (5) Where a person is entitled, in consequence of a scheme, to possession of a document relating in part to the title to land or other property in England and Wales, or to the management of such land or other property— (a) the scheme may provide for that person to be treated as having given another person an acknowledgement in writing of the right of that other person to production of the document and to delivery of copies of it, and (b) section 64 of the Law of Property Act 1925 (production and safe custody of documents) is to have effect accordingly, and on the basis that the acknowledgement did not contain an expression of contrary intention. (6) Where a person is entitled, in consequence of a scheme, to possession of a document relating in part to the title to land or other property in Scotland or to the management of such land or other property, subsection (1) of section 16 of the Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) is to have effect in relation (a) as if the transfer had been effected by deed, and

Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (b) as if the words “unless specially qualified” were omitted from that (7) In this paragraph references to a transfer in accordance with a scheme include references to the creation in accordance with such a scheme of an interest, right or I465 Sch. 4 para. 8 in force at 26.12.2023, see s. 334(3)(a) 9 (1) The Secretary of State may modify a scheme. (2) A modification may be made only for the purpose of achieving the objective with which the scheme was made (see section 50(2)). (3) If a transfer under the scheme has taken effect, a modification under sub- paragraph (1) may be made only with the agreement of— (a) the transferor or transferee affected by the modification (or, where both the transferor and transferee are affected, with the agreement of both of them); (b) any employee who is a party to a contract of employment containing rights and liabilities to which the modification relates; (c) any other person whose property or rights have been adversely affected by (4) A modification takes effect from such date as the Secretary of State may specify (which may be the date when the original scheme came into effect). I466 Sch. 4 para. 9 in force at 26.12.2023, see s. 334(3)(a) Compensation for third parties (a) an entitlement of a third party to an interest or right would, apart from a provision of a scheme under paragraph 2(4) and (5), become enforceable in respect of the transfer or creation in accordance with such a scheme of any property, rights or liabilities, (b) the provisions of that scheme or of paragraph 2(4) and (5) have the effect of preventing the third party’s entitlement to that interest or right from being enforced in respect of anything for which the scheme provides, and (c) provision is not made by the scheme for securing that an entitlement to that interest or right, or to an equivalent interest or right, is preserved or created so as to arise and be enforceable in respect of the first occasion when corresponding circumstances next occur after the coming into force of the transfers for which the scheme provides, the third party is entitled to compensation in respect of the extinguishment of the

Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (2) The amount of compensation to which a third party is entitled under this paragraph is the amount necessary for securing, to the extent that it is just to do so, that the third party does not suffer financial loss from the extinguishment of the entitlement. (3) A liability to pay compensation under this paragraph falls on the Secretary of State. (4) In the preceding provisions of this paragraph “third party”, in relation to a scheme, means a person other than the transferor and the transferee. (5) This paragraph has effect in relation to the provisions of an agreement or instrument entered into or executed in pursuance of an obligation imposed by a scheme as it has effect in relation to the scheme. I467 Sch. 4 para.
10 in force at 26.12.2023, see s. 334(3)(a) Provision relating to foreign property etc 11 (1) Where there is a transfer in accordance with a scheme of— (b) a foreign right or liability, the transferor and the transferee must each take all requisite steps to secure that the vesting of the foreign property, right or liability in the transferee is effective under (2) Until the vesting of the foreign property, right or liability in the transferee in accordance with the scheme is effective under the relevant foreign law, the transferor (a) hold the property or right for the benefit of the transferee, or (b) discharge the liability on behalf of the transferor. (3) The transferor must comply with any directions given to it by the transferee in relation to the performance of the obligations under sub-paragraphs (1) and (2) of (4) Nothing in sub-paragraphs (1) to (3) prejudices the effect under the law of a part of the United Kingdom of the vesting of any foreign property, right or liability in the transferee in accordance with a scheme. (a) any foreign property, right or liability is acquired or incurred in respect of any other property, right or liability by a person, and (b) by virtue of this paragraph, the person holds the other property or right for the benefit of the transferee or is required to discharge the liability on behalf the property, right or liability acquired or incurred immediately becomes the property, right or liability of the transferee. (6) The provisions of sub-paragraphs (1) to (5) have effect in relation to foreign property, rights or liabilities transferred to the transferee under sub-paragraph (5) as they have

Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) effect in the case of property, rights and liabilities transferred in accordance with a (7) References in this paragraph to foreign property, or to a foreign right or liability, are references to any property, right or liability as respects which an issue arising in any proceedings would be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United (8) Expenses incurred under this paragraph by a person as the person from which anything is transferred are to be met by the transferee. (9) An obligation imposed under this paragraph in relation to property, rights or liabilities is to be enforceable as if contained in a contract between the transferor and the I468 Sch. 4 para. 11 in force at 26.12.2023, see s. 334(3)(a) Provision of information to Secretary of State 12 (1) If the Secretary of State proposes to make a scheme, the Secretary of State may to provide the Secretary of State with such information as the Secretary of State considers necessary to enable the Secretary of State to make the scheme. (2) If the Secretary of State proposes to modify a scheme, the Secretary of State may to provide the Secretary of State with such information as the Secretary of State considers necessary to enable the Secretary of State to modify the scheme. (3) A direction under sub-paragraph (1) or (2) must specify the period within which the information is to be provided. (4) The period specified in the direction must be not less than 28 days beginning with the day of the giving of the direction. (5) If a person fails to comply with such a direction, the Secretary of State may serve a notice on the person requiring the person— (a) to produce to the Secretary of State any documents which are specified or described in the notice and are in the person’s custody or under the person’s (b) to provide to the Secretary of State such information as may be specified or (6) Documents or information to be produced or provided in accordance with such a notice must be produced or provided at the time and place, and in the form and manner, specified in the notice. Document 2024-10-14 This version of this Act contains provisions that are prospective. Changes to There are currently no known outstanding effects for the Energy Act 2023. (See end of Document for details) (7) No person may be required under this paragraph— (a) to produce a document which the person could not be compelled to produce in civil proceedings in the court, or (b) to provide information which the person could not be compelled to give in (8) A person who intentionally alters, suppresses or destroys a document which the person has been required to produce by a notice under sub-paragraph (5) is guilty (a) on summary conviction, to a fine not exceeding the statutory maximum, and (b) on conviction on indictment, to a fine. (9) If a person fails to comply with a notice under sub-paragraph (5), the court may, on the application of the Secretary of State, make such order as the court thinks fit for requiring the failure to be made good. (10) Any order under sub-paragraph (9) may include provision requiring all the costs or expenses of and incidental to the application to be borne by one or more of the (b) any officers of a company or other association who are responsible for its (a) a reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form, and (b) the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible (12) In this paragraph “the court” means— (a) in England and Wales, the High Court; (b) in Scotland, the Court of Session; (c) in Northern Ireland, the High Court. I469 Sch. 4 para.