Energy Citation and interpretation 1 1 This Order may be cited as the Energy Act 2008 (Commencement No. 4 and Transitional Provisions) Order 2009. 2 In this Order— a “ the Act ” means the Energy Act 2008; and b “commencement date” means the date mentioned in article 2(1). Provisions coming into force 2 1 Subject to paragraphs (2) and (3), the following provisions of the Act come into force on 13th November 2009— a Part 1, Chapter 2 (importation and storage of combustible gas); b Schedule 1 (amendments relating to Chapters 2 and 3 of Part 1), so far as not already commenced; and section 36 (Chapters 2 and 3: consequential amendments) so far as it relates to the provisions of Schedule 1 commenced by this Order. 2 The provisions mentioned in paragraph (1) do not come into force so far as they relate to the use of a controlled place for the unloading of gas to a pipeline. 3 Those provisions come into force so far as they relate to the establishment or maintenance in a controlled place of an installation for the purposes of that activity; but for the purposes of this paragraph “installation” does not include any apparatus, works or services associated with the operation of a pipeline (within the meaning of section 26 of the Petroleum Act 1998 ). Transitional provisions: storage activities 3 1 Section 2(1) and section 8 of the Act, so far as they relate to a storage activity, do not apply to a qualifying person before the deferred date (but this is subject to the condition in paragraph (2)). 2 The condition is that, within 12 months of the commencement date, an application is made to the Secretary of State for a licence in respect of that storage activity. 3 If the application is refused, the Secretary of State must specify (in a written notice of refusal given to the applicant) the date by which the storage activity must cease. 4 In this article— a “storage activity” means— i the use of a controlled place for the storage of gas; ii the recovery of gas stored in a controlled place; or iii the maintenance in a controlled place of an installation for the purposes of the storage or recovery of gas; b “qualifying person” means a person who, immediately before the commencement date, is carrying on the storage activity; c “deferred date” means— i the date on which the licence that is applied for comes into effect; or ii if the application is refused, the date specified in accordance with paragraph (3); and d “licence” means a licence under section 4 of the Act. Transitional provisions: Food and Environment Protection Act 1985 4 1 Paragraph (2) applies where— a immediately before the commencement date a person holds a FEPA licence for the deposit of a substance or article in the sea or under the sea-bed (“a licensed deposit”); and b that deposit is made in the course of carrying on an activity within section 2(3) of the Act. 2 Notwithstanding the provisions of the Act commenced by this Order, a licence under section 4 of the Act is not required for that deposit (but this is without prejudice to the requirement for such a licence in respect of any operation, such as the recovery of stored gas, that does not consist in the making of a licensed deposit). 3 However— a nothing in paragraph (2) affects any requirement for a licence under section 4 of the Act in respect of the drilling of a well or borehole; and b paragraph (2) ceases to apply if, on or after the commencement date, the FEPA licence is varied, expires or is revoked. 4 In this article— a a reference to a licence under section 4 of the Act includes a reference to a consent given under such a licence; and b “FEPA licence” means a licence required by section 5 of the Food and Environment Protection Act 1985 . Lord Hunt of Kings Heath OBE Minister of State Department of Energy and Climate Change 20th October 2009