Statutory Instruments
2026 No. 846 (C. 72)
ENERGY
The Energy Act 2023 (Commencement No. 5, Saving Provisions) Regulations 2026
Made
16th July 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by section 334(1) and (7) of the Energy Act 2023(1).
Citation and interpretation
1.—(1) These Regulations may be cited as the Energy Act 2023 (Commencement No. 5, Saving Provisions) Regulations 2026.
(2) In these Regulations—
“ the 2012 Regulations ” means the Offshore (Oil and Gas) Installation and Pipeline Abandonment Fees Regulations 2012 ( 2 );
“ the appointed day ” means 30th September 2026;
“ proposal to revise a relevant abandonment programme ” means an abandonment programme in relation to an offshore installation, or for a submarine pipeline that is not a carbon capture and storage pipeline;
“ relevant abandonment programme ” means an abandonment programme in relation to—
an offshore installation, or
a submarine pipeline that is not a carbon capture and storage pipeline.
(3) For the purposes of the definition of “relevant abandonment programme” in paragraph (2)—
(a) “ abandonment programme ”, “ offshore installation ” and “ submarine pipeline ” have the meanings given in section 45 of the Petroleum Act 1998 ( 3 ), and
(b) “ carbon capture and storage pipeline ” has the meaning given in regulation 1(4) of the 2012 Regulations.
Commencement of section 299(3) to (7) of the Energy Act 2023
2. Section 299(3) to (7) of the Energy Act 2023(4) (amendment of provisions in the Petroleum Act 1998 concerning fees relating to abandonment programmes(5)) comes into force on the appointed day.
Saving Provision
3.—(1) Notwithstanding the coming into force of section 299(3) to (7) of the Energy Act 2023, the legislation specified in paragraph (2) continues to have effect on and after the appointed day as it had effect immediately before that day, for the purposes of paragraphs (3) and (4).
(2) The legislation is—
(a)sections 29(5) and 34(4) of the Petroleum Act 1998, and
(b)the 2012 Regulations.
(3) A fee relating to the submission of a relevant abandonment programme must be determined and notified in accordance with the 2012 Regulations and paid in accordance with section 29(5) of the Petroleum Act 1998 where, before the appointed day—
(a)the Secretary of State has received a request to determine a fee relating to that submission, under regulation 3(1)(a) of the 2012 Regulations, or
(b)the Secretary of State has published(6) a draft of that programme.
(4) A fee relating to a proposal to revise a relevant abandonment programme must be determined and notified in accordance with the 2012 Regulations and paid in accordance with section 34(4) of the Petroleum Act 1998 where, before the appointed day, the Secretary of State has received a request to determine a fee relating to that proposal, under regulation 3(1)(b) of the 2012 Regulations.
Michael Shanks
Minister of State
Department for Energy Security and Net Zero
16th July 2026
1998 c. 17. The definition of “submarine pipeline” in section 45 of the Petroleum Act 1998 was amended by section 110 of and paragraph 11 of Schedule 5 to the Energy Act 2008 (c. 32) and by section 324(3) of and paragraph 8 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23).
Sections 29(5), 33(4), 34(4) and 39 of the Petroleum Act 1998 are the provisions amended or repealed and are in Part 4 of that Act. Part 4 of the Petroleum Act 1998 was applied in relation to a carbon storage installation by section 30(1) of the Energy Act 2008 (c. 32) and that subsection was amended by section 107(4) of the Energy Act 2011 (c. 16), section 84(3) of and Schedule 2 to the Energy Act 2016 (c. 20), and section 95(2) of the Energy Act 2023 (c. 52).
Draft abandonment programmes are published on www.gov.uk/guidance/oil-and-gas-decommissioning-of-offshore-installations-and-pipelines, prior to the submission of abandonment programme under section 29(5) of the Petroleum Act 1998.
Sections 303 and 304 were originally brought into force by S.I. 2024/32 but the commencement of those sections (other than section 304(3) for certain purposes) was revoked by S.I. 2024/98.