Statutory Instruments
2005 No. 442 (C.20)
ATOMIC ENERGY AND RADIOACTIVE SUBSTANCES
ELECTRICITY
The Energy Act 2004 (Commencement No. 4) Order 2005
Made
24th February 2005
The Secretary of State, in exercise of the powers conferred upon her by section 198(2) of the Energy Act 2004( 1 ), hereby makes the following Order:
Citation and interpretation
1. —(1) This Order may be cited as the Energy Act 2004 (Commencement No. 4) Order 2005.
(2) In this Order, “the Act” means the Energy Act 2004.
Commencement
2. —(1) The provisions of the Act specified in Schedule 1 shall come into force on 1st March 2005.
(2) The provisions of the Act specified in Schedule 2 shall come into force on 31st March 2005.
(3) The provisions of the Act specified in Schedule 3 shall come into force on 1st September 2005.
Mike O' Brien
Minister of State for Energy and E-Commerce,
Department of Trade and Industry
24th February 2005
Article 2(1)
SCHEDULE 1 PROVISIONS COMING INTO FORCE ON 1ST MARCH 2005
| Provisions | Subject Matter of Provisions |
|---|---|
| Section 51(1) | The Civil Nuclear Police Authority |
| Section 51(2) in so far as it relates to the provisions in Schedule 10 to the Act which are brought into force by this Order | The Civil Nuclear Police Authority |
| Section 52(1) and 52(6) | The Civil Nuclear Constabulary |
| Section 53(1), (2), (4) and (5) | Chief Constable and other senior officers |
| Section 63 | Supervision by Secretary of State |
| Section 69(1), in so far as it relates to the provisions in Schedule 14 to the Act which are brought into force by this Order | Minor amendments relating to the Constabulary |
| Section 69(2) and (3) | Minor amendments relating to the Constabulary |
| Section 71 | Interpretation of Chapter 3 of Part 1 |
| Section 89 for the purpose of defining “relevant place” where that term is used in section 93 | Activities offshore requiring 1989 Act licences |
| Section 93 | Consents for generating stations offshore |
| Section 99 (apart from the obligation upon the Secretary of State or the Scottish Ministers, arising under subsections (3) and (4) of section 36B of the Electricity Act 1989( 2 ) (as inserted by section 99(1)), to have regard to how powers under sections 95, 96, 100 and Chapter 3 of Part 2 of the Act have been or will be exercised) | Navigation |
| Paragraphs 1 to 5 and 10 to 18 of Schedule 10 | The Civil Nuclear Police Authority |
| Schedule 11 | Removal and suspension of senior officers of Constabulary |
| Schedule 13 | Directions by Secretary of State about Constabulary |
| Paragraphs 1, 2, 4, 6 and 7 of Schedule 14 | Minor amendments relating to the Constabulary |
Article 2(2)
SCHEDULE 2 PROVISIONS COMING INTO FORCE ON 31ST MARCH 2005
| Provisions | Subject Matter of Provisions |
|---|---|
| Section 11 | Nuclear Decommissioning Authority: Strategy for carrying out functions |
| Section 12 | Nuclear Decommissioning Authority: Contents of strategy |
| Schedule 2 | Procedural requirements applicable to NDA’s strategy |
Article 2(3)
SCHEDULE 3 PROVISIONS COMING INTO FORCE ON 1ST SEPTEMBER 2005
| Provisions | Subject Matter of Provisions |
|---|---|
| Section 99(1) so far as it obliges the Secretary of State and the Scottish Ministers, by virtue of section 36B(4)(a) of the Electricity Act 1989(as inserted by section 99(1)), to have regard to how their powers under section 100 of the Act have been or will be exercised | Duties in relation to navigation |
| Section 100 | Further provisions relating to public rights of navigation |