The Energy Act 2004 (c 20) is an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

concerned with

nuclear power Nuclear power is the use of nuclear reactions to produce electricity. Nuclear power can be obtained from nuclear fission, nuclear decay and nuclear fusion reactions. Presently, the vast majority of electricity from nuclear power is produced b ...

renewable A renewable resource, also known as a flow resource, is a natural resource which will replenish to replace the portion depleted by usage and consumption, either through natural reproduction or other recurring processes in a finite amount of ti ...

and sustainable energy and

energy regulation Energy laws govern the use and taxation of energy, both renewable and non-renewable. These laws are the primary authorities (such as caselaw, statutes, rules, regulations and edicts) related to energy. In contrast, energy policy refers to th ...

. Royal assent was granted on 22 July 2004.

Part 1

Chapter 1

Section 10

Section 10(2)(b) was substituted by paragraph 5 of Schedule 6 to the Environmental Authorisations (Scotland) Regulations 2018 (SI 2018/219).

Section 29

Sections 29(1)(b) and (c) were substituted by section 99(2)(b) of the

Finance Act 2006 The Finance Act 2006 (c 25) is an Act of the Parliament of the United Kingdom prescribing changes to Excise Duties; Value Added Tax; Income Tax; Corporation Tax; and Capital Gains Tax. It enacts the 2006 Budget speech made by Chancellor of the E ...

. New sections 29(3) and (3A) were substituted for sections 29(3) and (4) by section 99(3) of the Finance Act 2006. Section 29(5A) was inserted by section 99(5) of the Finance Act 2006.

Section 30

Section 30(1)(b) was substituted by section 100(2)(a) of the Finance Act 2006. Section 30(1)(d) was inserted by section 100(2)(c) of the Finance Act 2006. Section 30(3) was substituted by section 100(3) of the Finance Act 2006.

Chapter 2

Section 44

Section 44(2)(d) was substituted by paragraph 436(b) of Schedule 1 to the Corporation Tax Act 2010. Section 44(2)(f) was substituted by paragraph 436(d) of Schedule 1 to the Corporation Tax Act 2010.

Chapter 3

Section 55

Section 55(5) was inserted by paragraph 11 of Schedule 7 to the

Policing and Crime Act 2009 The Policing and Crime Act 2009 (c 26) is an Act of the Parliament of the United Kingdom. The Act makes provision about police reform, prostitution, sex offenders, sex establishments and certain other premises. It amends the law on aviation sec ...

Section 56A

This section was inserted by paragraph 3 of Schedule 2 to the Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (SI 2018/46).

Section 57

This section was repealed by section 115(2) of, and Part 4 of Schedule 10 to, the

Protection of Freedoms Act 2012 The Protection of Freedoms Act 2012 is an Act of the Parliament of the United Kingdom. As the Protection of Freedoms Bill, it was introduced in February 2011, by the Home Secretary, Theresa May. The bill was sponsored by the Home Office. On Tuesd ...

Section 59

Paragraph (aa) of the definition of "chief officer" in section 59(3) was inserted by paragraph 44(2)(a)(ii) of Schedule 2 to the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (SI 2013/602). Paragraphs (c) and (d) of the definition of "chief officer" in section 59(3) were repealed by Part 2 of Schedule 17 to the

Serious Organised Crime and Police Act 2005 The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA or SOCAP) is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and si ...

. Paragraph (aa) of the definition of "relevant force" in section 59(3) was inserted by paragraph 44(2)(b)(ii) of Schedule 2 to the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013. Paragraphs (c) and (d) of the definition of "relevant force" in section 59(3) were repealed by Part 2 of Schedule 17 to the Serious Organised Crime and Police Act 2005.

Section 59A

This section was inserted by paragraph 199 of Schedule 4 to the Serious Organised Crime and Police Act 2005.

Section 68

Sections 68(4), (5) and (6) were repealed by paragraph 44(6) of Schedule 2 to the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013.

Chapter 4

This Chapter consisted of sections 72 to 75. Sections 72 to 75 were repealed as to England and Wales by Schedule 28 to the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010/675), and as to Scotland by paragraph 1 of Schedule 7 to the Environmental Authorisations (Scotland) Regulations 2018 (SI 2018/219).

Chapter 5

Section 78

Section 78(1) was repealed by paragraph 30 of Schedule 12 to the

Energy Act 2013 The Energy Act 2013 is an Act of the Parliament of the United Kingdom, relating to the energy sector. It succeeded the Energy Act 2010. The Act focuses on setting decarbonisation targets for the UK, and reforming the electricity market. The Ac ...

Part 2

Chapter 1

Section 81

Section 81(3) was repealed by section 108 of, and Schedule 6 to, the

Energy Act 2008 The Energy Act 2008c 32 is an Act of Parliament, Act of the Parliament of the United Kingdom. Section 110 - Commencement Orders made under section 110(2)The Energy Act 2008 (Commencement No. 1 and Savings) Order 2009(S.I. 2009/45 (C.4))The Ene ...

Chapter 2

Section 84

Section 84(4) was substituted by paragraph 4(2) of the

Marine and Coastal Access Act 2009 The Marine and Coastal Access Act 2009 (c 23) is an Act of the Parliament of the United Kingdom. It creates "a new system of marine management". The Marine Management Organisation Section 1(1) creates the Marine Management Organisation. Secti ...

Section 95

New sections 95(1A) to (1C) were substituted for section 95(1A) by section 62(3) of the

Scotland Act 2016 The Scotland Act 2016 (c. 11) is an act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998 and devolves further powers to Scotland. The legislation is based on recommendations given by the report of the Smi ...

. Section 95(1A)(b) was inserted by section 41(2)(d) of the

Wales Act 2017 The Wales Act 2017 (c. 7) is an Act of the Parliament of the United Kingdom. It sets out amendments to the Government of Wales Act 2006 and devolves further powers to Wales. The legislation is based on the proposals of the St David's Day Comman ...

. Sections 95(1D) and (1E) were inserted by section 41(3) of the Wales Act 2017. Section 95(4A) was inserted by section 62(5) of the Scotland Act 2016. Sections 95(4B) and (4C) were inserted by section 41(4) of the Wales Act 2017.

Section 96

Section 96(8)(b) was inserted by section 62(8)(b) of the Scotland Act 2016.

Section 99

Sections 99(4) and (5) were repealed as to Scotland by paragraph 3 of Schedule 4 to the

Marine (Scotland) Act 2010 On 10 March 2010, Scotland's Marine Bill received Royal Assent, making it thMarine (Scotland) Act 2010 The Marine (Scotland) Act is an Act of the Scottish Parliament which provides a framework which will help balance competing demands on Scotlan ...

Chapter 3

Section 105

Sections 105(1A) to (1C) were inserted by section 62(9) of the Scotland Act 2016. Section 105(9) was repealed by section 108 of, and Schedule 6 to, the Energy Act 2008.

Section 105A

This section was inserted by section 69(4) of the Energy Act 2008.

Section 107

Sections 107(5) to (7) were repealed by section 108 of, and Schedule 6 to, the Energy Act 2008.

Section 108

Section 108(3A) was inserted by section 69(5) of the Energy Act 2008.

Sections 110A and 110B

Sections 110A and 110B were inserted by section 70(1) of the Energy Act 2008.

Section 111

Section 111(7)(b) was inserted by section 62(13)(b) of the Scotland Act 2016.

Section 112

Section 112(7)(b) was inserted by section 62(14)(b) of the Scotland Act 2016.

Section 112A

Section 112A was inserted by section 71 of the Energy Act 2008.

Chapter 4

Section 116

This section was repealed by section 108 of, and Schedule 6 to, the Energy Act 2008.

Section 121

Section 121(3) was inserted by section 40(1)(c) of the Energy Act 2008.

Section 121A

This section was inserted by regulation 2 of the

Origin of Renewables Electricity (Power of Gas and Electricity Markets Authority to act for Northern Ireland Authority for Utility Regulation) Regulations 2008 Origin(s) or The Origin may refer to: Arts, entertainment, and media Comics and manga * ''Origin'' (comics), a Wolverine comic book mini-series published by Marvel Comics in 2002 * ''The Origin'' (Buffy comic), a 1999 ''Buffy the Vampire Sl ...

(SI 2008/1888).

Chapter 5

Sections 125 to 125C

New sections 125 to 125C were substituted for section 125 by paragraph 2 of Schedule 7 to the

Climate Change Act 2008 The Climate Change Act 2008 (c 27) is an Act of the Parliament of the United Kingdom. The Act makes it the duty of the Secretary of State to ensure that the net UK carbon account for all six Kyoto greenhouse gases for the year 2050 is at ...

Section 126

Sections 126(5) to (8) were inserted by paragraph 3 of Schedule 7 to the Climate Change Act 2008.

Sections 128

New sections 128(6) to(10) were substituted for sections 128(6) and (7) by paragraph 4 of Schedule 7 to the Climate Change Act 2008.

Section 129

Section 126(7) was substituted by paragraph 5 of Schedule 7 to the Climate Change Act 2008.

Sections 131A to 131C

Sections 131A to 131C were inserted by paragraph 6 of Schedule 7 to the Climate Change Act 2008.

Section 132

Section 132(3) was substituted by regulation 3 of the Energy Act 2004 (Amendment) Regulations 2012 (SI 2012/2723). Section 132(3A) was inserted by regulation 4 of the Energy Act 2004 (Amendment) Regulations 2012.

Part 3

Chapter 1

Section 137

Section 137(3)(za) was inserted by regulation 50(3) of the

Electricity and Gas (Internal Markets) Regulations 2011 Electricity is the set of physical phenomena associated with the presence and motion of matter that has a property of electric charge. Electricity is related to magnetism, both being part of the phenomenon of electromagnetism, as described ...

(SI 2011/2704). Section 137(3)(f) was inserted by section 65(3)(b) of the

Chapter 3

Section 155

Sections 155(8) to (10) were inserted by section 48(3) of the Energy Act 2013.

Section 166

Section 166(3A) was inserted by section 93(2) of the

Energy Act 2011 The Energy Act 2011c 16 is a UK Act of Parliament relating to UK enterprise law and energy in the UK. Contents Chapter 1, sections 1 to 41 contain an "Energy Company Obligation", requiring the "big six" energy providers (those with over 250k dom ...

. Section 166(6A) and (6B) were inserted by section 93(3) of the Energy Act 2011.

Section 171

Section 171(8) was substituted by paragraph 220(6) of Schedule 1 to the

Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 The Companies Act 2006 (c 46) is an Act of the Parliament of the United Kingdom which forms the primary source of UK company law. The Act was brought into force in stages, with the final provision being commenced on 1 October 2009. It largely ...

(SI 2009/1941).

Chapter 4

Section 180

Section 180(2) was repealed by section 108 of, and Schedule 6 to, the Energy Act 2008.

Section 184

Section 184 creates a scheme to reduce the cost of electricity distribution in areas with high electricity distribution costs. The AAHEDC scheme specifically covers the

north of Scotland The Highlands and Islands is an area of Scotland broadly covering the Scottish Highlands, plus Orkney, Shetland and Outer Hebrides (Western Isles). The Highlands and Islands are sometimes defined as the area to which the Crofters' Act of 188 ...

, currently the only area which receives assistance. Part of the tariff covers

Shetland Shetland, also called the Shetland Islands and formerly Zetland, is a subarctic archipelago in Scotland lying between Orkney, the Faroe Islands and Norway. It is the northernmost region of the United Kingdom. The islands lie about to the no ...

, and the remaining tariff covers the rest of the north of Scotland area.National Grid ESO
Charging Statement: Assistance for Areas with High Electricity Distribution Costs Scheme, effective from 1 April 2022
accessed 31 August 2022 Tariffs for the scheme are published by 15 July each year but they take effect retrospectively from the preceding 1 April.National Grid ESO
Assistance for Areas with High Electricity Distribution Costs (AAHEDC)
accessed 31 August 2022 The scheme is operated by National Grid Electricity System Operator (ESO), the national

transmission system operator File:Electricity grid simple- North America.svg, 380px, Simplified diagram of AC electricity grid from generation stations to consumers rect 2 243 235 438 Power station rect 276 317 412 556 Transformer rect 412 121 781 400 Electric power transmis ...

, a subsidiary of

National Grid plc National Grid plc is a British multinational electricity and gas utility company headquartered in London, England. Its principal activities are in the United Kingdom, where it owns and operates electricity and natural gas transmission networks ...

. The tariff in 2022/23 is 0.040670p per kwh.

Part 4

Section 198 - Short title, commencement and extent

Schedule 14

Paragraph 11(b) repealed by Part 2 of Schedule 17 to the Serious Organised Crime and Police Act 2005.

Schedule 15

This Schedule was repealed as to England and Wales by Schedule 28 to the Environmental Permitting (England and Wales) Regulations 2010. Paragraphs 1 to 8 and 10 to 12 were repealed as to Scotland by paragraph 1 of Schedule 7 to the Environmental Authorisations (Scotland) Regulations 2018.

Schedule 16

Paragraph 9(b) was inserted by section 62(19)(b) of the Scotland Act 2016.

References

Sources

*"Energy Act 2004". Halsbury's Statutes of England and Wales. Fourth Edition. 2007 Reissue
Volume 33(2)
Page 618. *"Energy Act 2004". Current Law Statutes 2004. Sweet & Maxwell. London. W Green. Edinburgh. 2005
Volume 1
Chapter 20.

External links

The Energy Act 2004
as amended from the National Archives.
The Energy Act 2004
as originally enacted from the National Archives.
Explanatory notes
to the Energy Act 2004. {{UK legislation United Kingdom Acts of Parliament 2004 Energy law