Statutory Instruments
2016 No. 602 (C. 43)
Energy
The Energy Act 2016 (Commencement No. 1 and Savings Provisions) Regulations 2016
Made
23rd May 2016
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 84(3) and 84(4) of the Energy Act 2016( 1 ).
Citation
1. These Regulations may be cited as the Energy Act 2016 (Commencement No. 1 and Savings Provisions) Regulations 2016.
Provisions coming into force on the day after the day on which this instrument is made
2. The following provisions of the Energy Act 2016 come into force on the day after the day on which this instrument is made —
(a) subsection (4) of section 1 (the OGA),
(b) subsections (2) to (6) of section 2 (transfer of functions to the OGA), and
(c) subsections (3) and (4) of section 66 (disclosure after specified period).
Provisions coming into force on 12 July 2016
3. The following provisions of the Energy Act 2016 come into force on 12 July 2016 —
(a) subsections (1) to (3) of section 1 (the OGA),
(b) section 3 (transfer of property, rights and liabilities to the OGA),
(c) section 4 (transfer of staff to the OGA),
(d) section 5 (transfer schemes: supplementary),
(e) section 13 (levy on licence holders),
(f) section 14 (the licensing levy: regulations),
(g) section 78 (onshore wind generating stations in England and Wales), and
(h) section 83 (regulations and orders: disapplication of requirements to consult the OGA).
Savings
4. —(1) The coming into force of section 78 does not affect the continuing application of—
(a) section 36(1) of the Electricity Act 1989(“the 1989 Act”)( 2 ),
(b) section 36C of the 1989 Act (variation of consents under section 36)( 3 ), and
(c) section 90 of the Town and Country Planning Act 1990( 4 ) (deemed planning permission),
in the case of an onshore wind generating station in respect of which Condition 1 or Condition 2 is satisfied.
(2) Condition 1 is that consent under section 36(1) of the 1989 Act was granted before 1st March 2016.
(3) Condition 2 is that—
(a) an application for consent under section 36(1) of the 1989 Act was refused before 1st March 2016; and
(b) that decision is quashed by order of a court.
Andrea Leadsom
Minister of State
Department of Energy and Climate Change
23rd May 2016
1989 c. 29 . Relevant amendments to section 36 were made by: the Planning Act 2008 (c. 29) (Schedule 2, paragraphs 31, 32(1) to (3)); the Marine and Coastal Access Act 2009 (c. 23) (section 12(7)(a), (8)); and the Energy Act 2004 (c. 20) (sections 93(1) and (3)).
Section 36C was inserted into the Electricity Act 1989 (c. 29) by the Growth and Infrastructure Act 2013 (c. 27) (section 20).
1990 c. 8 . Relevant amendments to section 90 were made by: the Growth and Infrastructure Act 2013 (c. 27) (section 21); the Environment Act 1995 (c. 25) (Schedule 10, paragraph 32(4)).