Law

Energy Act 2011

United Kingdom · statute

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In force since 2022-12-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

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

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Contents: 126 provisions

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126 provisions

119 Consultation

A requirement for the Secretary of State to consult which arises under or by virtue of this Act may be satisfied by consultation before, as well as consultation after, the passing of this Act.

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120 Extent

(1) Subject to subsections (2) to (6), this Act extends to England and Wales and Scotland only. (2) The following provisions extend to England and Wales only— (a) section 9 (documents containing information about green deal plans: England and Wales), (b) section 14(3) to (5) (acknowledgment of green deal plan in respect of property in England or Wales), (c) section 15(3) (further provision made in regulations for acknowledgment of such a plan), (d) sections 42 to 53 (private rented sector: England and Wales), (e) section 74 (access to register of energy performance certificates etc: England and Wales), (f) section 110 (energy efficiency aim), and (g) section 115 (additional powers of the Coal Authority: England and Wales). (3) The following provisions extend to Scotland only— (a) section 10 (documents containing information about green deal plans: Scotland), (b) section 14(6) to (8) (acknowledgment of green deal plan in respect of property in Scotland), (c) section 15(4) (further provision made in regulations for acknowledgment of such a plan), (d) section 35(6) (green deal appeals: revocation or amendment of delegated legislation by Scottish Ministers), (e) sections 54 to 65 (private rented sector: Scotland), (f) section 75 (access to register of energy performance certificates etc: Scotland), and (g) section 116 (additional powers of the Coal Authority: Scotland). (4) Section 113 (renewable heat incentives in Northern Ireland) extends to Northern Ireland only. (5) Section 114 (power for Gas and Electricity Markets Authority to act on behalf of Northern Ireland authority in connection with scheme under section 113) extends to England and Wales, Scotland and Northern Ireland. (6) Subject to section 118(1) and subsection (7) below, an amendment or repeal of an enactment has the same extent as the enactment amended or repealed. (7) The amendments made by sections 25 to 29 (green deal: modifying consumer credit legislation) extend to England and Wales and Scotland only.

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121 Commencement

(1) The provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint, subject to subsections (2) to (5). (2) The following provisions come into force on such day as the Scottish Ministers may by order appoint— (a) section 10 (documents containing information about green deal plans: Scotland); (b) section 14(6) to (8) (acknowledgment of green deal plan in respect of property in Scotland); (c) section 15(4) (further provision made in regulations for acknowledgment of such a plan); (d) section 35(6) (green deal appeals: revocation or amendment of delegated legislation by Scottish Ministers); (e) sections 54 to 65 (private rented sector: Scotland); (f) section 75 (access to register of energy performance certificates etc: Scotland). (3) The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed— (a) sections 66 to 72 (reducing carbon emissions and home-heating costs); (b) section 73 (smart meters); (c) section 74 (access to register of energy performance certificates etc: England and Wales); (d) sections 76 to 78 (information about tariffs); (e) sections 79 and 80 (security of electricity supply); (f) sections 93 to 102 (special administration); (g) section 103 (designations under Continental Shelf Act 1964); (h) subsection (3) of section 104 (offshore transmission and distribution of electricity); (i) section 105 (regulation of security of nuclear construction sites); (j) section 106 (agreement about modifying decommissioning programme); (k) section 107 (abandonment: infrastructure converted for CCS demonstration projects); (l) section 111 (adjustment of electricity transmission charges); (m) section 112 (electricity from renewable sources: National Park authorities and Broads Authority); (n) sections 113 and 114 (renewable heat incentives in Northern Ireland). (4) The following provisions come into force on the day on which this Act is passed— (a) section 37 (preparatory expenditure: framework regulations); (b) section 81 (modification of the Uniform Network Code); (c) subsections (1) and (2) of section 104 (offshore transmission and distribution of electricity); (d) sections 119 and 120, this section and section 122 (general provisions). (5) Schedule 1 (reducing carbon emissions and home-heating costs: minor and consequential amendments) comes into force as follows— (a) paragraphs 1, 2, 7, 8(1), (2)(a), (3)(a) and (4) and 9 come into force at the end of the period of two months beginning with the day on which this Act is passed; (b) paragraphs 4 and 8(2)(b), (3)(b) and (5) come into force on 1 January 2013; (c) paragraphs 3, 5 and 6 come into force on 6 April 2014. (6) An order made by the Secretary of State or the Scottish Ministers under this section may— (a) appoint different days for different purposes; (b) make transitional provision and savings.

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122 Short title

This Act may be cited as the Energy Act 2011.

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SCHEDULE 1 Reducing carbon emissions and home-heating costs: minor and consequential amendments

Section 72 Gas Act 1986 1 In section 33DA(1)(a) of the Gas Act 1986 (publication of statistical information about standards of performance) after sub-paragraph (ii) insert— (iii) home-heating cost reduction obligations imposed by order under section 33BD; and . Electricity Act 1989 2 The Electricity Act 1989 is amended in accordance with paragraphs 3 to 6. 3 In section 6(9) (definition of “electricity distributor”, “electricity generator” and “electricity supplier”) omit the definition of “electricity generator”. 4 (1) Section 41A (promotion of reductions in carbon emissions: electricity generators, electricity distributors and electricity suppliers) is amended as follows. (2) In the heading omit “electricity generators,”. (3) In subsection (1)— (a) omit paragraph (za) (power to impose carbon emission reduction obligation on electricity generators); (b) in the words after paragraph (b) omit “generator,”. (4) In subsection (3) omit “electricity generators,”. (5) In subsection (4) omit paragraph (a) (duty to carry out functions under the section in a way that does not inhibit competition between electricity generators). (6) In subsection (5)— (a) in paragraph (a) omit “electricity generators,”; (b) in paragraph (d) omit “generators,”; (c) in paragraph (f) omit “generators,”. (7) In subsection (6) omit “generator,”. (8) In subsection (7)(d) omit “electricity generator,”. (9) In subsection (8)(d) omit “generators,”. (10) In subsection (11) omit “electricity generators,”. 5 (1) Section 42AA (publication of statistical information about standards of performance) is amended as follows. (2) In paragraph (a) of subsection (1)— (a) omit “electricity generators,”; (b) after sub-paragraph (ii) insert— (iii) home-heating cost reduction obligations imposed by order under section 41B; and . (3) In paragraph (b) of subsection (1) omit “generators,”. (4) In subsection (2) omit “electricity generators,”. 6 In section 64(1) (interpretation etc of Part 1) in the definition of “electricity distributor”, “electricity generator” and “electricity supplier” omit “, “electricity generator””. Utilities Act 2000 7 The Utilities Act 2000 is amended in accordance with paragraphs 8 and 9. 8 (1) Section 103 (overall carbon emissions reduction targets) is amended as follows. (2) In subsection (1)— (a) in the words before paragraph (a) for “by the Authority of its functions” substitute “ of the functions of the Administrator ”; (b) in paragraph (b) omit “generators,”. (3) In subsection (2)— (a) in the words before paragraph (a) for “the Authority to apportion the target” substitute “ the target to be apportioned ” (b) in paragraph (b) omit “electricity generators,”. (4) In subsection (3) for “The Authority” substitute “ The Administrator ”. (5) In subsection (4) omit “electricity generators,”. 9 In section 105 (general restriction on disclosure of information) in subsection (3) (circumstances in which the restriction does not apply to a disclosure) after paragraph (a) insert— (ab) it is required by a notice under section 103B of this Act or is permitted by subsection (6) of that section; .

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SCHEDULE 2 Upstream petroleum infrastructure: minor and consequential amendments

Section 89 Pipe-lines Act 1962 1 The Pipe-lines Act 1962 is amended in accordance with paragraphs 2 to 7. 2 In section 9 (provisions for securing that a pipeline is so constructed as to reduce necessity for construction of others)— (a) in subsection (8) for the words from “applications” to the end substitute with respect to the proposed pipe-line— (a) an application of a kind mentioned in subsection (1)(a) of section 82 of the Energy Act 2011 (acquisition of rights to use upstream petroleum infrastructure), and (b) if applicable, an application under subsection (4) of that section. ; (b) after subsection (8) insert— (9) For the purposes of an application made with respect to a proposed pipe-line by virtue of subsection (8)— (a) sections 82 and 83 of the Energy Act 2011 shall have effect as if— (i) references to a pipe-line were references to the proposed pipe-line as it would be once constructed in accordance with the condition attached by virtue of subsection (1) of this section; (ii) references to the owner of a pipe-line were reference to the proposed owner of the proposed pipeline; (b) section 84 of the Energy Act 2011 shall be disregarded. 3 In section 9A (provisions for securing that an additional pipe-line is so constructed as to reduce necessity for construction of other pipe-lines)— (a) in subsection (8) for the words from “applications” to the end substitute with respect to the proposed pipe-line— (a) an application of a kind mentioned in subsection (1)(a) of section 82 of the Energy Act 2011 (acquisition of rights to use upstream petroleum infrastructure), and (b) if applicable, an application under subsection (4) of that section. ; (b) after subsection (8) insert— (9) For the purposes of an application made with respect to a proposed pipe-line by virtue of subsection (8)— (a) sections 82 and 83 of the Energy Act 2011 shall have effect as if— (i) references to a pipe-line were references to the proposed pipe-line as it would be once constructed in accordance with the notice served under subsection (1) of this section; (ii) references to the owner of a pipe-line were reference to the proposed owner of the proposed pipeline; (b) section 84 of the Energy Act 2011 shall be disregarded. 4 In section 10A(2) for “, 10(4) or 10E(9)” substitute “ or 10(4) ”. 5 Sections 10E to 10H (provisions for securing that upstream petroleum pipe-lines are so used as to reduce necessity for construction of other etc) are repealed. 6 In section 65(2) (meaning of “pipeline”) omit paragraph (g) and the “and” immediately before that paragraph. 7 In section 66(1) (general interpretation provisions)— (a) in paragraph (c) of the definition of “owner” for the words from “sections 10C” to “section 10E(2))” substitute “ section 10C ”; (b) for the definition of “upstream petroleum pipe-line” substitute— “upstream petroleum pipe-line” has the meaning given by section 90(1) of the Energy Act 2011 . Petroleum Act 1998 8 The Petroleum Act 1998 is amended in accordance with paragraphs 9 to 15. 9 In section 15 (authorisations for construction and use of controlled pipelines) in subsection (6) after “or 17G(6)” insert “ of this Act or section 89(4) and (5) of the Energy Act 2011 ”. 10 In section 16 (compulsory modifications of controlled pipelines) before subsection (1) insert— (A3) Pipelines that are relevant upstream petroleum pipelines for the purposes of section 82(1) of the Energy Act 2011 are excepted from the operation of this section. 11 In section 17 (acquisition of rights to use controlled pipelines) for subsection (1A) substitute— (1A) This section does not apply to— (a) controlled petroleum pipelines; (b) pipelines in, under or over the territorial sea adjacent to Great Britain which are used to convey gas directly from a terminal to a pipeline system operated by a gas transporter or to any premises; (c) gas interconnectors (within the meaning of Part 1 of the Gas Act 1986). 12 In section 17F (acquisition of rights to use controlled petroleum pipelines) in subsection (1) for the words from “, other” to the end substitute “ in, under or over the territorial sea adjacent to Northern Ireland ”. 13 In section 17G (section 17F: supplemental) in subsection (1) for “controlled waters” substitute “ the territorial sea adjacent to Northern Ireland ”. 14 In section 18 (termination of authorisations for construction and use of controlled pipelines) in subsection (6)(b) after “or 17F(9)” insert “ of this Act or section 82(11) of the Energy Act 2011 ”. 15 In section 19 (vesting of controlled pipelines on termination or subsequent issue of authorisations) in subsection (1)(b) after “or section 17F(9)” insert “ of this Act or section 82(11) of the Energy Act 2011 ”. Energy Act 2008 16 The Energy Act 2008 is amended in accordance with paragraphs 17 and 18. 17 Sections 80 to 82 (third party access to oil processing facilities) are repealed. 18 In section 112 (extent) omit paragraph (c) of subsection (2).

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