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The Energy Act 2023 (Consequential Amendments) Regulations 2024

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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 49 provisions
  1. Title and introductory text
  2. 1 Citation, commencement and extent
  3. 2 Amendments to the Gas Act 1986
  4. 3 Amendments to the Electricity Act 1989
  5. 4 Amendment of the Gas (Northern Ireland) Order 1996
  6. 5 Amendment of the Utilities Act 2000
  7. 6 Amendment of the Energy Act 2004
  8. 7 Amendment of Energy Act 2008
  9. 8 Amendment of the Energy Act 2010
  10. 9 Amendment of the Energy Act 2013
  11. 10 Amendment of the Public Records Act 1958
  12. 11 Amendment of the House of Commons Disqualification Act 1975
  13. 12 Amendment of the Northern Ireland Assembly Disqualification Act 1975
  14. 13 Amendment of the Land Drainage Act 1991
  15. 14 Amendment of the Freedom of Information Act 2000
  16. 15 Amendment of the Countryside and Rights of Way Act 2000
  17. 16 Amendment of the Enterprise Act 2002
  18. 17 Amendment of the Civil Contingencies Act 2004
  19. 18 Amendment of the Nature Conservation (Scotland) Act 2004
  20. 19 Amendment of the Natural Environment and Rural Communities Act 2006
  21. 20 Amendment of the Consumers, Estate Agents and Redress Act 2007
  22. 21 Amendment of the Equality Act 2010
  23. 22 Amendment of the Environment (Wales) Act 2016
  24. 23 Amendment of the Electricity Act 1989 (Uniform Prices in the North of Scotland) Order 2005
  25. 24 Amendment of the Electricity (Offshore Generating Stations) (Safety Zones) (Application Procedures and Control of Access) Regulations 2007
  26. 25 Amendment of the Renewables Obligation (Scotland) Order 2009
  27. 26 Amendment of the Provision of Services Regulations 2009
  28. 27 Amendment of the Electricity and Gas Appeals (Designation and Exclusion) Order 2014
  29. 28 Amendment of the Contracts for Difference (Electricity Supplier Obligations) Regulations 2014
  30. 29 Amendment of the Power Purchase Agreement Scheme Regulations 2014
  31. 30 Amendment of the Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2015
  32. 31 Amendment of the Renewables Obligation Order 2015
  33. 32 Amendment of the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017
  34. 33 Amendment of the Network and Information Systems Regulations 2018
  35. 34 Amendment of the Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2019
  36. 35 Amendment of the Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2019
  37. 36 Amendment of the Electricity Trading (Development of Technical Procedures) (Day-Ahead Market Timeframe) Regulations 2021
  38. 37 Amendment of the Energy Bills Discount Scheme (Non-Standard Cases) Regulations 2023
  39. 38 Amendment of the Nuclear Regulated Asset Base Model (Revenue Collection) Regulations 2023
  40. 39 Amendment of Regulation (EC) 715/2009
  41. 40 Amendment of Commission Regulation (EU) 2016/631
  42. 41 Amendment of Commission Regulation (EU) 2016/1388
  43. 42 Amendment of Commission Regulation (EU) 2016/1447
  44. 43 Amendment of Commission Regulation (EU) 2017/459
  45. 44 Amendment of Commission Regulation (EU) 2017/1485
  46. 45 Amendment of Regulation (EU) 2017/1938
  47. 46 Amendment of Commission Regulation (EU) 2017/2195
  48. 47 Amendment of Commission Regulation (EU) 2017/2196
  49. 48 Amendment of Regulation (EU) 2019/943

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49 provisions

Title and introductory text

2024 No. 706 ENERGY The Energy Act 2023 (Consequential Amendments) Regulations 2024 Made 24th May 2024 Coming into force in accordance with regulation 1 The Secretary of State makes these Regulations in exercise of the powers conferred by section 330(1) and (2) of the Energy Act 2023. In accordance with sections 330(5) and 331(3) of that Act a draft of this instrument was laid before and approved by a resolution of each House of Parliament.

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1 Citation, commencement and extent

(1) These Regulations may be cited as the Energy Act 2023 (Consequential Amendments) Regulations 2024 and, subject to paragraph (2), come into force immediately after the coming into force of section 166(2) of the Energy Act 2023. (2) This regulation and regulations 2 (2) to (7), 2(10)(a) and (c), 3(3), 3(8), 4, 5(4), 5(5), 5(7), 24, 26, 33, 34 and 35 come into force on the day after the day on which these Regulations are made. (3) Subject to paragraphs (4) and (5), these Regulations extend to England and Wales, Scotland and Northern Ireland. (4) Subject to paragraph (5), any amendment, repeal or revocation made by these Regulations has the same extent as the provision amended, repealed or revoked. (5) The amendments made by regulations 40, 41, 42, 44, 46 and 48 do not extend to Northern Ireland.

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2 Amendments to the Gas Act 1986

(1) The Gas Act 1986 is amended as follows. (2) In section 4AA (the principal objective and general duties of the Secretary of State and the Authority)— (a) in subsection (2)(b), after “Energy Act 2010, or” insert “Chapter 1 of Part 2, Chapters 2 and 3 of Part 4 and”; (b) in subsection (8), in the definition of “licence”, for “or 7AB” substitute “, 7AA, 7AB or 7AC”. (3) In section 7B (licences: general), after subsection (2B) insert— (2C) Subsections (1) to (2A) do not apply to an application for a code manager licence. . (4) In section 8(1) (standard conditions of licences)— (a) omit “or” after paragraph (b); (b) after paragraph (c), insert “or (d) licences under section 7AC, . (5) In section 23 (modification of conditions of licences), in subsection (1)(b), for “or 7A(1) or (2)” substitute “7A(1) or (2) or 7AC”. (6) In section 23B(2)(b) (appeal to the CMA), for “or 7AB” substitute “, 7AA, 7AB or 7AC”. (7) In section 27 (modification by order under other enactments), in subsection (1)(b), after “subsection (2) of that section” insert “or licences under section 7AC above”. (8) In section 27B(1)(a) (meaning of “section 27B dispute”)— (a) omit “or” after sub-paragraph (v); (b) after sub-paragraph (vi), insert “or (vii) made against the holder of a gas system planner licence; . (9) In section 36 (keeping of register)— (a) in subsection (1), for “or 7AB” substitute “, 7AA, 7AB or 7AC”; (b) in subsection (2)(d), for “or 7AB” substitute “, 7AA, 7AB or 7AC”. (10) In section 48(1) (interpretation of Part I and savings)— (a) after the definition of “the CMA”, insert— “code manager licence” means a licence under section 7AC; ; (b) after the definition of “gas supplier”, insert— “gas system planner licence” means a licence under section 7AA; ; (c) in the definition of “licence”, for “or 7AB” substitute “, 7AA, 7AB or 7AC”. (11) In Schedule 4B (provisions imposing obligations enforceable as relevant requirements)— (a) in paragraph 1, after “communication licence” insert “or code manager licence”; (b) after paragraph 3, insert— Gas system planner 3A Sections 163 to 165, 171 and 173 of the Energy Act 2023 (ISOP objectives, duties and related functions) are relevant provisions in relation to a person who holds a licence under section 7AA. ; (c) for the heading immediately before paragraph 9A, substitute “Holders of smart meter communication licences or code manager licences”; (d) in paragraph 9A, after “licence” insert “or a code manager licence”.

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3 Amendments to the Electricity Act 1989

(1) The Electricity Act 1989 is amended as follows. (2) In section 3A (the principal objective and general duties of the Secretary of State and the Authority)— (a) in subsection (2)(b), after “the Nuclear Energy (Financing) Act 2022 or” insert “Chapter 1 of Part 2, Chapters 2 and 3 of Part 4 and”; (b) in subsection (5)(a), after “distribute, supply or participate in the transmission of electricity,” insert “to co-ordinate and direct the flow of electricity onto or over transmission systems by means of which the transmission of electricity takes place,”. (3) In section 6A (procedure for licence applications)— (a) in subsection (1)(a), for “subsection (1A)” substitute “subsections (1A) and (1B)”; (b) after subsection (1A) insert— (1B) This section does not apply to an application for a code manager licence. . (4) In section 6BA (meaning of “relevant electricity project” etc.)— (a) in subsection (3)(a), omit from “that does” to the end; (b) in subsection (4), for “a system operator electricity licence” substitute “an electricity system operator licence”. (5) In section 6CC(8) (competitive tenders: supplementary), for “a transmission licence” substitute “a licence”. (6) In section 6G(6) (section 6F: meaning of “commissioning period”), for “a transmission licence” substitute “a licence”. (7) In section 6H (sections 6C, 6F and 6G: modification of codes or agreements), in subsection (1)(a), for “a relevant licence” substitute “a licence under section 6(1)”. (8) In section 8A(1) (standard conditions of licences)— (a) for “or (d)” substitute “, (d) or (g)”; (b) for “or supply licences” substitute “, supply licences or code manager licences”. (9) In section 35 (provisions supplementary to section 34)— (a) in subsection (1), after “licence” insert “or an electricity system operator licence”; (b) in subsection (2), for “is authorised by a licence to participate in the transmission of electricity” substitute “holds a transmission licence or an electricity system operator licence”. (10) In section 43 (functions with respect to competition), in the words after subsection (3)(c), for “or the use of electricity interconnectors” substitute “, the use of electricity interconnectors or the performance of the function of a code manager in relation to a designated electricity licence document.”. (11) In section 44B(1) (meaning of a section 44B dispute)— (a) omit “or” after sub-paragraph (iv); (b) after sub-paragraph (v), insert, “or (vi) made against the holder of an electricity system operator licence; . (12) In section 47 (general functions), in the words after subsection (1)(b), after “heated by such heat,” insert “, to the performance of the function of code manager in relation to a designated electricity licence document”. (13) In section 58(1) (directions restricting the use of certain information), after “transmission licence”, insert “, an electricity system operator licence or a code manager licence”. (14) In Schedule 6A (provisions imposing obligations enforceable as relevant requirements)— (a) in paragraph 1, in the opening words, after “communication licence” insert “or a code manager licence”; (b) after paragraph 4, insert— Electricity System Operator 4A The following are relevant provisions in relation to the holder of an electricity system operator licence— (a) each of the provisions mentioned in sub-paragraphs (ca) to (h) of paragraph 4 above; (b) sections 26 to 29 of the Energy Act 2010 (adjustment of charges); (c) sections 163 to 165, 171 and 173 of the Energy Act 2023 (ISOP objectives, duties and related functions). ; (c) in the heading immediately before paragraph 9A, after “holders” insert “and code manager licence holders”; (d) in paragraph 9A, in the opening words, after “licence” insert “or the holder of a code manager licence”.

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4 Amendment of the Gas (Northern Ireland) Order 1996

In Article 11 of the Gas (Northern Ireland) Order 1996 (standard conditions of licences), in paragraph (2), after “Article 60(5) of the Energy (Northern Ireland) Order 2003” insert “and to section 89 of the Energy Act 2023”.

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5 Amendment of the Utilities Act 2000

(1) The Utilities Act 2000 is amended as follows. (2) In section 5(2)(a) (annual and other reports of Authority)— (a) omit “or” after sub-paragraph (i); (b) after sub-paragraph (ii), insert or (iii) the operation or maintenance of, or the supply of heating, cooling or hot water by means of, relevant heat networks (as defined in section 216 of the Energy Act 2023); . (3) In section 5A (duty of Authority to carry out impact assessment)— (a) in subsection (1)(a), for “or Part 1 of the 1989 Act” substitute “, Part 1 of the 1989 Act or Part 8 of the Energy Act 2023”; (b) after subsection (2)(c), insert— (ca) have a significant impact on the carrying out by the Independent System Operator and Planner (within the meaning of Part 5 of the Energy Act 2023) of any of its functions; (cb) have a significant impact on the carrying out by a code manager (within the meaning of Part 6 of the Energy Act 2023) of its functions— (i) in relation to a designated gas licence document, or (ii) in relation to a designated electricity licence document; (cc) have a significant impact on persons engaged in— (i) the operation or maintenance of, or the supply of heating, cooling or hot water by means of, relevant heat networks (as defined in section 216 of the Energy Act 2023), or (ii) commercial activities connected with an activity mentioned in sub-paragraph (i); . (4) In section 33 (standard conditions of electricity licences)— (a) in subsection (1)— (i) in the opening words— (aa) for “the commencement of subsection (3)” substitute “the relevant time”; (bb) for “section 6(1)(a), (c) and (d)” substitute “section 6(1)(a), (c), (d) and (g)”; (cc) for “distribution licences or supply licences” substitute “distribution licences, supply licences or code manager licences”; (ii) in paragraph (l), for “sections 245 to 247 of” substitute “sections 169, 245 to 247 of, and paragraph 4 of Schedule 12 to,”; (b) after subsection (1), insert— (1A) In subsection (1), “the relevant time” means— (a) where the determination relates to any of the types of licence mentioned in section 6(1)(a), (c) and (d) of the 1989 Act (generation licences, distribution licences or supply licences), the time when subsection (3) comes into force; (b) where the determination relates to the type of licence mentioned in section 6(1)(g) of the 1989 Act (code manager licences), 26th October 2030. . (5) In section 81 (standard conditions of gas licences)— (a) in subsection (1), for “or section 7A(2)”, substitute “, section 7A(2) or 7AC(1)”; (b) in subsection (2)— (i) for “the commencement of subsection (3)” substitute “the relevant time”; (ii) for “section 89” to “Energy Act 2023” substitute “sections 89, 136(1) or (4), 169, 245 to 247 of, and paragraph 4 of Schedule 12 to, the Energy Act 2023”; (c) after subsection (2), insert— (2A) In subsection (2), “the relevant time” means— (a) where the determination relates to any of the types of licence mentioned in sections 7, 7A(1) or 7A(2) of the 1986 Act, the time when subsection (3) comes into force; (b) where the determination relates to the type of licence mentioned in section 7AC of the 1986 Act (licence of a person performing code manager function), 26th October 2030. . (6) In section 105 (general restrictions on disclosure of information)— (a) in subsection (1)(a), for “Part 1 of the Energy Act 2023 or Part 5 of that Act” substitute “Part 1, 5 or 6, or Chapter 1 of Part 8 of the Energy Act 2023”; (b) in subsection (3), after paragraph (ad) insert— (ae) it is made for the purpose of facilitating the performance of any functions of— (i) any person under or by virtue of Chapter 1 of Part 8 of the Energy Act 2023, (ii) a person designated as the Heat Network Zones Authority by regulations made by virtue of section 227(1) of that Act, or (iii) a person designated as a heat network zone coordinator by regulations made by virtue of section 228(3)(a) of that Act; (af) it is a disclosure of information that relates to relevant heat networks (as defined in section 216 of the Energy Act 2023) and it is made for the purpose of facilitating the performance of the functions of— (i) the Scottish Ministers under the Climate Change (Scotland) Act 2009 (asp 12) or the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 (asp 10), or (ii) any person under the Heat Networks (Scotland) Act 2021 (asp 9); ; (c) in subsection (8)— (i) in paragraph (a), for “or section 32J or 48 of the 1989 Act” substitute “, section 32J or 48 of the 1989 Act or regulations made by virtue of paragraph 11(4) of Schedule 18 to the Energy Act 2023”; (ii) in paragraph (c), for “or Part I of the 1989 Act” substitute “, Part 1 of the 1989 Act or regulations made by virtue of paragraph 41 of Schedule 18 to the Energy Act 2023”. (7) In section 106(1) (interpretation), in the definition of “gas licence”, for “or 7AB” substitute “, 7AA, 7AB or 7AC”.

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6 Amendment of the Energy Act 2004

In section 184(13) of the Energy Act 2004 (assistance for areas with high distribution costs), in the definition of “authorised transmitter”, for “a licence under section 6(1)(b)” to the end, substitute “a licence under section 6(1)(da) (an electricity system operator licence) of that Act;”.

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7 Amendment of Energy Act 2008

In section 88 of the Energy Act 2008 (power to amend licence conditions etc: smart meters) — (a) in subsection (1)(a), for “or (d)” to the end of paragraph (a) substitute “, (d) or (da) of the Electricity Act 1989 (c. 29) (transmission, distribution, supply and electricity system operator licence)”; (b) in subsection (1)(e), after “7A” insert “, 7AA”; (c) in subsection (6)(b), after “7A” insert “, 7AA”; (d) in subsection (6)(c), after “section 6(1)(b), (c), (d)” insert “, (da)”.

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8 Amendment of the Energy Act 2010

In section 12(1)(a) of the Energy Act 2010 (reconciliation mechanism: licence modifications), for “section 6(1)(b) or (d)” to the end, substitute “section 6(1)(b), (d) or (da) of the Electricity Act 1989 (transmission, supply and electricity system operator licences);”.

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9 Amendment of the Energy Act 2013

(1) The Energy Act 2013 is amended as follows. (2) In section 8(3) (definition of national system operator: Chapter 2 of Part 2), for “operating” to the end, substitute “designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023.”. (3) In section 26(1)(a) (licence modifications)— (a) for “(b) or (c)” substitute “(c) or (da)”; (b) for “transmission and distribution licences” substitute “distribution and electricity system operator licences”. (4) In section 27(6) (definition of national system operator: Chapter 3 of Part 2), for “operating” to the end, substitute “designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023.”. (5) In section 37(1)(a) (licence modifications for the purpose of the capacity market), after “supply”, insert “, electricity system operator”. (6) Omit section 45 (modification of transmission and other licences:business separation). (7) In section 46 (power to transfer EMR functions)— (a) in subsection (2), omit paragraph (b); (b) in subsection (11)— (i) omit the definition of “energy administration order”; (ii) in the definition of “national system operator”, for “operating” to the end, substitute “designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023.”. (8) In section 47(10) (orders under section 46: fees and other supplementary provision)— (a) in paragraph (a), for “transmission licence” to the end, substitute “licence granted to the national system operator under section 6(1)(da) of the EA 1989, or”; (b) omit paragraph (b). (9) In section 63(5) (definition of national system operator: section 63), for “operating” to the end, substitute “designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023.”. (10) In paragraph 4(1) of Schedule 2 (interpretation for the purposes of Schedule 2), in the definition of “national system operator” for “operating” to the end, substitute “designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023;”.

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10 Amendment of the Public Records Act 1958

In Part 2 of the table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (other establishments and organisations) at the appropriate place insert— The Independent System Operator and Planner designated in accordance with section 162 of the Energy Act 2023. .

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11 Amendment of the House of Commons Disqualification Act 1975

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— Director of a company which is designated as the Independent System Operator and Planner in accordance with section 162 of the Energy Act 2023. .

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12 Amendment of the Northern Ireland Assembly Disqualification Act 1975

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place, insert— Director of a company which is designated as the Independent System Operator and Planner in accordance with section 162 of the Energy Act 2023. .

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13 Amendment of the Land Drainage Act 1991

For paragraph 1(1)(f) of Schedule 6 to the Land Drainage Act 1991 (protection for particular undertakings) substitute— (f) the undertaking of any person who holds a licence under Part 1 of the Electricity Act 1989; .

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14 Amendment of the Freedom of Information Act 2000

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place, insert— The Independent System Operator and Planner designated in accordance with section 162 of the Energy Act 2023 in respect of information held by it as a result of the exercise of its functions under, or as a consequence of, that Act. .

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15 Amendment of the Countryside and Rights of Way Act 2000

In section 85(3) of the Countryside and Rights of Way Act 2000 (general duties of public bodes etc.), for the definition of “statutory undertaker” substitute— “statutory undertaker” means a person— who is or is deemed to be a statutory undertaker for the purposes of Part 11 of the Town and Country Planning Act 1990, or who holds a gas system planner licence under section 7AA of the Gas Act 1986. .

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16 Amendment of the Enterprise Act 2002

In section 168 of the Enterprise Act 2002 (regulated markets) is amended as follows— (a) in subsection (3)(c), for “or 7AB” substitute “, 7AA, 7AB or 7AC”; (b) in subsection (4)(c), for “or 7AB” substitute “, 7AA, 7AB or 7AC”; (c) in subsection (6), for “or 7AB” substitute “, 7AA, 7AB or 7AC”.

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17 Amendment of the Civil Contingencies Act 2004

(1) Schedule 1 to the Civil Contingencies Act 2004 (category 1 and 2 responders) is amended as follows. (2) In paragraph 19, in sub-paragraph (2)— (a) omit “and” after paragraph (b); (b) after paragraph (b), insert— (ba) an electricity system operator licence, . (3) In paragraph 20, in sub-paragraph (2)— (a) omit “and” after paragraph (a); (b) after paragraph (b), insert, and (c) a licence under section 7AA of that Act. . (4) In paragraph 30, in sub-paragraph (2),— (a) omit “and” after paragraph (b); (b) after paragraph (b) insert— (ba) an electricity system operator licence, . (5) In paragraph 31, in sub-paragraph (2)— (a) omit “and” after paragraph (a); (b) after paragraph (b) insert, and (c) a licence under section 7AA of that Act. .

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18 Amendment of the Nature Conservation (Scotland) Act 2004

In section 58(1) of the Nature Conservation (Scotland) Act 2004 (interpretation), in the definition of “statutory undertaker”, after paragraph (d) insert— (da) a holder of a licence under section 7 or 7AA of the Gas Act 1986 (c. 44), .

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19 Amendment of the Natural Environment and Rural Communities Act 2006

In section 40(5) of the Natural Environment and Rural Communities Act 2006 (duty to conserve and enhance biodiversity), for the definition of “statutory undertaker” substitute— “statutory undertaker” means a person— who is or is deemed to be a statutory undertaker for the purposes of Part 11 of the Town and Country Planning Act 1990, or who holds a gas system planner licence under section 7AA of the Gas Act 1986 (c. 44). .

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20 Amendment of the Consumers, Estate Agents and Redress Act 2007

(1) The Consumers, Estate Agents and Redress Act 2007 is amended as follows. (2) In section 25(3) (enforcement by regulator of section 24 notice), in the first column of the table, in the first row, for “or 7AB” substitute “, 7AA, 7AB or 7AC”. (3) In section 29(3) (disclosure of information), in paragraph (a), for “or the Utilities Act 2000 (c. 27)” substitute “, the Utilities Act 2000 (c. 27) or Part 8 of the Energy Act 2023 (c. 52)”.

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21 Amendment of the Equality Act 2010

In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), under the heading “Industry, business, finance etc.”, at the appropriate place, insert— The Independent System Operator and Planner designated in accordance with section 162 of the Energy Act 2023 (c. 52). .

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22 Amendment of the Environment (Wales) Act 2016

In section 6(10) of the Environment (Wales) Act 2016 (biodiversity and resilience of ecosystems duty)— (a) in the Welsh text, in the definition “ymgymerwr statudol”, for paragraph (d) substitute— (d) deiliad trwydded o dan adran 7 neu 7AA o Ddeddf Nwy 1986 (p. 44); ; (b) in the English text, in the definition of “statutory undertaker”, for paragraph (d) substitute— (d) a holder of a licence under section 7 or 7AA of the Gas Act 1986 (c. 44); .

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23 Amendment of the Electricity Act 1989 (Uniform Prices in the North of Scotland) Order 2005

In article 5 of the Electricity Act 1989 (Uniform Prices in the North of Scotland) Order 2005 (use of transmission system charges), after “the North of Scotland” insert “, or the holder of an electricity system operator licence,”.

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24 Amendment of the Electricity (Offshore Generating Stations) (Safety Zones) (Application Procedures and Control of Access) Regulations 2007

In regulation 9(1)(f)(ii) of the Electricity (Offshore Generating Stations) (Safety Zones) (Application Procedures and Control of Access) Regulations 2007 (vessels and activities permitted in safety zones), for “92(6)” substitute “6F(8) of the Electricity Act 1989”.

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25 Amendment of the Renewables Obligation (Scotland) Order 2009

In article 33(4) of the Renewables Obligation (Scotland) Order 2009 (definition of “network operators”)— (a) for “or (c)” substitute “, (c) or (da)”; (b) omit from “to participate” to the end.

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26 Amendment of the Provision of Services Regulations 2009

In regulation 2(2) of the Provision of Services Regulations 2009 (services to which the Regulations do not apply), after sub-paragraph (k) insert— (l) services provided by a person holding a licence (“a code manager licence”) under section 7AC of the Gas Act 1986 or section 6(1)(g) of the Electricity Act 1989. .

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27 Amendment of the Electricity and Gas Appeals (Designation and Exclusion) Order 2014

(1) The Electricity and Gas Appeals (Designation and Exclusion) Order 2014 is amended as follows. (2) In article 2 (interpretation)— (a) in paragraph (1)— (i) after the definition of “electricity supply licence” insert— “electricity system operator licence” means a licence granted under section 6(1)(da) of the Electricity Act 1989; ; (ii) omit the definition of “transmission licence”; (b) after paragraph (2) insert— (2A) A reference in this Order to a condition of an electricity system operator licence is to the version current at the date on which section 166(2) of the Energy Act 2023 (licensing of electricity system operator) came into force. ; (c) in paragraph (3), after “paragraph (2)”, insert “or paragraph (2A)”. (3) In article 3 (designation of document)— (a) in paragraph (a), for “Standard Condition” to the end, substitute “Condition E1 of an electricity system operator licence”; (b) in paragraph (b), for “Standard Condition” to the end, substitute “Condition E2 of an electricity system operator licence”.

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28 Amendment of the Contracts for Difference (Electricity Supplier Obligations) Regulations 2014

In regulation 2(1) of the Contracts for Difference (Electricity Supplier Obligations) Regulations 2014 (interpretation), in the definition of “the Balancing and Settlement Code”— (a) after “Great Britain” insert “, as amended from time to time,”; (b) for “transmission licences” to the end, substitute “an electricity system operator licence granted under section 6(1)(da) of the Electricity Act 1989”.

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29 Amendment of the Power Purchase Agreement Scheme Regulations 2014

In regulation 2(1) of the Power Purchase Agreement Scheme Regulations 2014 (interpretation) in the definition of “Balancing and Settlement Code”— (a) after “Great Britain” insert “as amended from time to time”; (b) for “transmission licences” to the end, substitute “an electricity system operator licence granted under section 6(1)(da) of the Electricity Act 1989”.

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30 Amendment of the Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2015

In regulation 3(1) of the Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2015 (interpretation), after the definition of “construction phase contract”, insert— “co-ordination licence” means a licence under section 6(1)(da) of the 1989 Act; .

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31 Amendment of the Renewables Obligation Order 2015

In article 42(3) of the Renewables Obligation Order 2015 (review of banding provisions), in the definition of “network operators”— (a) for “or (c)” substitute “, (c) or (da)”; (b) omit from “to participate” to the end.

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32 Amendment of the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017

In Schedule 2 to the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, after the entry for “The Financial Conduct Authority”, insert— The Independent System Operator and Planner designated in accordance with section 162 of the Energy Act 2023. .

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33 Amendment of the Network and Information Systems Regulations 2018

In Schedule 2 to the Network and Information Systems Regulations 2018 (essential services and threshold requirements) in paragraph 1(8)(h) (definition of offshore transmission licence and offshore transmission)— (a) for “section 6C(5) and (6)” substitute “section 6F(8)”; (b) omit “, respectively”.

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34 Amendment of the Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2019

In regulation 3 of the Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2019 (interpretation), for paragraph (4) substitute— (4) These Regulations do not apply to applications in respect of— (a) an “offshore transmission licence” as defined in section 64 of the Act; (b) an “electricity system operator licence” as defined in section 6(1)(da) of the Act; (c) a “smart meter communication licence” as defined in section 6(1)(f) of the Act; or (d) a “code manager licence” as defined in section 6(1)(g) of the Act. .

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35 Amendment of the Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2019

In regulation 3 of the Gas (Applications for Licence and Extensions and Restrictions of Licences) Regulations 2019 (interpretation), for paragraph (4) substitute— (4) These Regulations do not apply to applications in respect of— (a) a “smart meter communication licence” as defined in section 7AB(1) of the Act; or (b) a “code manager licence” as defined in section 7AC(1) of the Act. .

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36 Amendment of the Electricity Trading (Development of Technical Procedures) (Day-Ahead Market Timeframe) Regulations 2021

In regulation 1(3) of the Electricity Trading (Development of Technical Procedures) (Day-Ahead Market Timeframe) Regulations 2021 (interpretation), in the definition of “GB transmission system operator”, for paragraph (b) substitute— (b) a person who holds an electricity system operator licence under section 6(1)(da) of the Electricity Act 1989, .

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37 Amendment of the Energy Bills Discount Scheme (Non-Standard Cases) Regulations 2023

In regulation 2 of the Energy Bills Discount Scheme (Non-Standard Cases) Regulations 2023 (interpretation), in the definition of “Trading Party”— (a) after “Great Britain”, insert “, as it is amended from time to time,”; (b) for “section 6(1)(b)” to the end substitute “section 6(1)(da) of the Electricity Act 1989”.

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38 Amendment of the Nuclear Regulated Asset Base Model (Revenue Collection) Regulations 2023

In regulation 2(1) of the Nuclear Regulated Asset Base Model (Revenue Collection) Regulations 2023 (interpretation), in the definition of “the Balancing and Settlement Code” for “transmission licences granted under section 6(1)(b)” substitute “an electricity system operator licence granted under section 6(1)(da)”.

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39 Amendment of Regulation (EC) 715/2009

In Article 16(5) of Regulation (EC) 715/2009 of the European Parliament and of the Council of 13 July 2009 on the conditions for access to the natural gas transmission networks (principles of capacity-allocation mechanisms and congestion-management procedures concerning transmission system operators), at the end insert— When assessing market demand, transmission system operators shall consult the holder of a licence under section 7AA of the Gas Act 1986. .

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