- a notice
means an improvement notice or a prohibition notice.
- activity
includes process, operation or act.
- ADN
means the Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway (signed at Geneva on 26 May 2000);
- ADR
means Annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road (signed at Geneva on 30 September 1957);
- An emergency
means that urgent action is required to prevent or limit serious damage to health or to the environment.
- applicable provision
means—
- appropriate authority
means— a in relation to England and Wales and Northern Ireland, the Secretary of State;
- appropriate body
means— a in relation to a workplace which is, or is on, premises for which it is the enforcing authority, the Office for Nuclear Regulation;
- appropriate national authority
means—
- approved code of practice
has the meaning given by section 79(3);
- banding provision
means provision made in a certificate purchase order by virtue of subsection (1). 4 Before making any banding provision, the Secretary of State must have regard to the following matters— a the costs (including capital costs) associated with generating electricity from each of the renewable sources or with transmitting or distributing electricity so generated;
- carbon capture and storage technology
means technology for doing, or contributing to the doing of, any of the following things— (a) capturing carbon dioxide (or any substance consisting primarily of carbon dioxide) that has been produced by, or in connection with, generation of electricity on a commercial scale;
- carbon dioxide equivalent
means a gram of carbon dioxide or an amount of any other greenhouse gas with an equivalent global warming potential (calculated consistently with international carbon reporting practice);
- carbon intensity of electricity generation in the United Kingdom
means grams of carbon dioxide equivalent emissions, measured per kilowatt hour of electricity generated in the United Kingdom (calculated consistently with international carbon reporting practice).
- civil activities
means— (a) production, processing or storage activities which are carried on for peaceful purposes;
- civil nuclear construction site
means a site— (a) on which works are being carried out with a view to its becoming a civil nuclear site, and (b) which is situated within 5 kilometres of an existing nuclear site;
- civil nuclear premises
means— (a) a civil nuclear site, or (b) other premises on which nuclear material is used or stored which are not controlled or operated wholly or mainly for defence purposes;
- civil nuclear site
means a nuclear site other than one controlled or operated wholly or mainly for defence purposes;
- civil service
means the civil service of the state;
- civil transport
means transport otherwise than for the purposes of the department of the Secretary of State with responsibility for defence;
- closed tariff
means a domestic tariff on which a licence holder— (a) supplies gas or electricity to customers under existing domestic supply contracts, but (b) no longer offers to supply gas or electricity to customers who are not already on the tariff;
- co-ordination licence
has the same meaning as in Schedule 2A (see paragraph 38(1) of that Schedule);
- compensation
means compensation that a regulated person is required to pay by a consumer redress order;
- complete CCS system
has the same meaning as in section 58.
- Compliance costs
means costs of complying with nuclear safeguards regulations or with specified provisions of nuclear safeguards regulations.
- confidential information
means specified information to which sub-paragraph (3) applies and in relation to which it is an initial term of the contract that it should not be disclosed.
- construction site
means a construction site, as defined in regulation 2(1) of the Construction (Design and Management) Regulations 2007, to which those Regulations apply, other than one to which regulation 46(1) of those Regulations applies;
- consumer redress order
means an order under subsection (2). 27H 1 The things mentioned in section 27G(2) that a regulated person may be required to do under a consumer redress order (“the required remedial action”) include, in particular— a paying an amount to each affected consumer by way of compensation for the loss or damage suffered, or for the inconvenience caused, as a result of the contravention;
- consumers
means consumers in relation to gas conveyed through pipes;
- costs
means costs in connection with the performance of any function conferred by or by virtue of this Schedule.
- dangerous substances
means radioactive, explosive, highly flammable or otherwise dangerous substances, other than nuclear matter;
- defence purposes
means the purposes of the department of the Secretary of State with responsibility for defence;
- distribution system
includes a distribution system within the meaning of Part 2 of the Electricity (Northern Ireland) Order 1992, and “distributing” is to be construed accordingly;
- document
includes information recorded in any form;
- domestic customer
means a customer under a domestic supply contract;
- domestic premises
means premises used wholly or mainly as a private dwelling.
- domestic supply contract
means a contract for the supply of gas or electricity at domestic premises wholly or mainly for domestic purposes;
- domestic tariff
means the set of principal terms of a domestic supply contract (or proposed domestic supply contract);
- electronic communications network
has the same meaning as in the Communications Act 2003;
- emissions limit duty
means the duty imposed by section 57(1);
- employed
has the same meaning as in the 1974 Act;
- enactment
includes—
- enforcement regulations
means regulations under section 60.
- enrichment of uranium
means a treatment of uranium that increases the proportion of isotope 235 contained in the uranium;
- equipment
has the meaning given by section 70(3);
- fees relating to nuclear site regulation
means fees payable for or in connection with the performance of a function by or on behalf of— i the Office for Nuclear Regulation, or ii any inspector appointed by the Office for Nuclear Regulation. 4B The Executive may submit to the Secretary of State any proposal submitted to it by the Office for Nuclear Regulation under section 81 of the Energy Act 2013 (proposals about orders and regulations).”
- financial assistance
means grants, loans, guarantees or indemnities, or any other kind of financial assistance.
- financial year
means a period of 12 months ending with 31st March.
- for Great Britain
includes such policy for—
- forward work programme
has the meaning given by section 4(1);
- fossil fuel
includes peat. 5 In the relevant sections “Northern Ireland” does not include any part of the territorial sea of the United Kingdom, but this is subject to subsection (6). 6 A certificate purchase order may provide that “Northern Ireland” includes the territorial sea adjacent to Northern Ireland. 7 An Order in Council under section 98(8) of the Northern Ireland Act 1998 (apportionment of sea areas) has effect for the purposes of this section if, or to the extent that, the Order is expressed to apply— a by virtue of this subsection, for those purposes, or b if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act. 8 References in the relevant sections to the supply of electricity to customers in Northern Ireland are to be construed in accordance with the definition of “supply” in Article 3 of the Electricity (Northern Ireland) Order 1992. 9 A certificate purchase order may make provision, for the purposes of the relevant sections, about the circumstances in which electricity is to be regarded as having been supplied— a to customers in Great Britain;
- fossil fuel plant
has the meaning given by section 57(3);
- functions
includes powers and duties;
- gasification plant
means plant which— (a) uses fossil fuel, and (b) produces fuel for use in an electricity generating station;
- government policy on national security
means any current policy which relates to national security and— (a) has been published by or on behalf of Her Majesty's Government, or (b) has been notified to the ONR by the Secretary of State;
- greenhouse gas
has the meaning given by section 92(1) of the Climate Change Act 2008.
- health and safety authority
means—
- health and safety fees regulations
means regulations under section 43(2) of the 1974 Act in relation to fees payable for or in connection with the performance of a function by or on behalf of— (a) the ONR, or (b) a health and safety inspector;
- health and safety inspector
means a person appointed by the ONR under section 19 of the 1974 Act;
- import
includes landing and unloading.
- improvement notice
has the meaning given by paragraph 3(2) of Schedule 8;
- Independent System Operator and Planner
means the person for the time being designated under section 162(1) of the Energy Act 2023;
- information about imports
means information obtained or held by the Commissioners for the purposes of the exercise of their functions in relation to imports.
- inspector
means an inspector appointed under Part 1 of Schedule 8 (unless otherwise specified);
- international carbon reporting practice
has the meaning given by section 94(1) of that Act.
- investment contract
means a contract with an electricity generator which—
- liability
includes damages, costs and expenses (and a reference to liability incurred by a person includes a reference to any such sums which the person is ordered to pay);
- licence modification power
means a power conferred by section 26, 37 or 45 to modify—
- licensed supplier
means the holder of a licence under section 6(1)(d) of EA 1989.
- local authority
includes the following— (a) a joint authority established by Part 4 of the Local Government Act 1985;
- local housing authority
has the meaning given in section 261(2) of the Housing Act 2004;
- low carbon electricity generation
means electricity generation which in the opinion of the Secretary of State will contribute to a reduction in emissions of greenhouse gases;
- modify
includes amend, repeal or revoke (and “modification” is to be read accordingly);
- national system operator
means the person designated as the Independent System Operator and Planner under section 162 of the Energy Act 2023.
- network generating station
means a station that exports to a network;
- Northern Ireland
includes the territorial sea adjacent to Northern Ireland. 7 An Order in Council under section 98(8) of the Northern Ireland Act 1998 (apportionment of sea areas) has effect for the purposes of this section if, or to the extent that, the Order is expressed to apply— a by virtue of this subsection, for those purposes, or b if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act. 8 References in the relevant sections to the supply of electricity to customers in Northern Ireland are to be construed in accordance with the definition of “supply” in Article 3 of the Electricity (Northern Ireland) Order 1992. 9 A certificate purchase order may make provision, for the purposes of the relevant sections, about the circumstances in which electricity is to be regarded as having been supplied— a to customers in Great Britain;
- Northern Ireland RO certificate
means a certificate issued by the Northern Ireland authority in accordance with provision included in an order under Article 52 of the Energy (Northern Ireland) Order 2003;
- Northern Ireland system operator
means the holder of a licence under Article 10(1)(b) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1));
- nuclear installation
has the same meaning as in the Nuclear Installations Act 1965 (see section 26 of that Act);
- nuclear material
means any fissile material in the form of— (a) uranium metal, alloy or compound, or (b) plutonium metal, alloy or compound, or any other fissile material prescribed by regulations made by the Secretary of State;
- nuclear matter
has the same meaning as in that Act (see section 26 of that Act);
- nuclear regulations
has the meaning given by section 74(1);
- nuclear safeguards purposes
means the purposes of—
- nuclear safeguards regulations
means regulations under section 76A(1);
- nuclear safety inspector
means an inspector appointed— a by the ONR under Schedule 8 to the Energy Act 2013, in the case of a site in England, Wales or Scotland, or b under section 24, in the case of a site in Northern Ireland. 8 A licensee who contravenes any direction for the time being in force under subsection (5) or (6) is guilty of an offence. 9 A person who without reasonable cause pulls down, injures or defaces any notice posted under subsection (6) is guilty of an offence. 10 A person convicted of an offence under subsection (8) in England and Wales or Scotland is liable— a on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;
- nuclear safety purposes
means the purposes of protecting persons against risks of harm from ionising radiations from GB nuclear sites, including through—
- nuclear security purposes
means the purposes of ensuring the security of—
- nuclear site
means— (a) a site in respect of which a nuclear site licence is in force, or (b) a site in respect of which a period of responsibility has not ended;
- nuclear site health and safety purposes
means so much of the general purposes of Part 1 of the 1974 Act as consists of the following purposes—
- nuclear site licence
has the same meaning as in the Nuclear Installations Act 1965 (see section 1 of that Act);
- offence
means an offence created by or under a relevant provision;
- offshore installation
means any installation which is intended for underwater exploitation of mineral resources or exploration with a view to such exploitation;
- offshore transmission
has the meaning given by section 6C(6);
- offshore transmission licence
has the meaning given by section 6C(5);
- offshore transmission system
means a transmission system used for purposes connected with offshore transmission;
- oil installations
has the meaning given by section 25(1) of that Act.
- ONR
means the Office for Nuclear Regulation;
- partner
includes a person purporting to act as a partner.
- penalty
means a penalty imposed on a regulated person under section 27A.”
- person with enforcement responsibilities
means—
- personal injury
includes— (a) any disease, and (b) any impairment of a person's physical or mental condition;
- plant
includes any machinery, equipment or appliance;
- policy outcomes
has the meaning given in subsection (2)(b);
- power purchase agreement
means an arrangement under which a licensed supplier agrees to purchase electricity generated by an electricity generator at a discount to a prevailing market price.
- premises
includes land, buildings, moveable structures, vehicles and vessels;
- primary legislation
means— (a) an Act of Parliament, (b) an Act of the Scottish Parliament, (c) an Act or Measure of the National Assembly for Wales, or (d) Northern Ireland legislation.
- principal objective duty
means the duty of the Secretary of State or the Authority (as the case may be) imposed by—
- prohibition notice
has the meaning given by paragraph 4(2) of Schedule 8;
- property
includes interests of any description;
- protected information
means information which has been—
- providing capacity
means providing electricity or reducing demand for electricity;
- public authority
includes— a in relation to a site in England or Wales, a water undertaker;
- qualifying nuclear equipment
means equipment designed or adapted for use in connection with qualifying nuclear material or a qualifying nuclear facility;
- qualifying nuclear facility
means a facility (including associated buildings) in which qualifying nuclear material is produced, processed, used, handled, stored or disposed of;
- qualifying nuclear material
means— (a) fissionable material specified in regulations under subsection (7), (b) source material in the form of— (a) uranium metal, alloy or compound, or (b) thorium metal, alloy or compound, or (c) ore containing a substance from which a source material falling within paragraph (b) is capable of being derived.
- reducing demand for electricity
includes provision that reducing the consumption of electricity reduces demand for electricity.
- reference price
means the sum that is specified in, or determined under, the contract as the reference price in respect of electricity generated in the period specified in, or determined under, the contract;
- regulations
means regulations made under paragraph 6.
- relevant activities
means any activities in relation to which any applicable provision applies (or would apply if they were being carried on).
- relevant authority
means any of the following—
- relevant co-ordination licence-holder
has the meaning given by paragraph 13(4) of Schedule 2A. 6H 1 The Authority may— a modify a code maintained in accordance with the conditions of a transmission licence or a distribution licence;
- relevant consent
means— (a) consent granted under section 36 of EA 1989 or Article 39 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)), or (b) an order granting development consent under the Planning Act 2008;
- relevant designated person
means a person who is designated— a as the purchasing body of GB certificates by virtue of being an eligible person within section 32N(6)(a) (CFD counterparty);
- relevant document
means a document—
- relevant enactment
means— (a) section 3 of the Nuclear Safeguards and Electricity (Finance) Act 1978 (regulations for giving effect to certain provisions of Safeguards Agreement);
- relevant generating station
means a generating station which satisfies paragraphs (a) and (b) of section 57(4);
- relevant health and safety regulations
means regulations under section 15 of the 1974 Act so far as they can be made for the nuclear site health and safety purposes.
- relevant interest
means an interest in land which—
- relevant international agreement
has the meaning given by subsection (1A);
- relevant landlord
means a landlord in respect of a tenancy of residential premises in England who is of a description specified in regulations;
- relevant matter
means any accident, occurrence, situation or other matter which the ONR considers it necessary or desirable to investigate—
- relevant nuclear duty
means a duty imposed by—
- relevant nuclear installation
means a nuclear installation on a site (its “associated site”) in England, Wales or Scotland for which a nuclear site licence is required by virtue of the installation (and includes a proposed or former nuclear installation in respect of which such a licence would be or has ever been so required).
- relevant plant
means— (a) in relation to a direction by the Secretary of State, fossil fuel plant which consists of or includes a relevant generating station in Great Britain;
- relevant power
has the meaning given by paragraph 2 of Schedule 8;
- relevant provision
means any of the relevant statutory provisions other than any provision made by the Nuclear Safeguards Act 2000.
- relevant purchasing body
means— (a) in relation to GB certificates, the purchasing body of GB certificates;
- relevant services
means services which—
- relevant statutory provisions
means—
- relevant water authority
means— (a) a water undertaker, (b) a sewerage undertaker, (c) a water authority, (d) a water development board, or (e) Scottish Water;
- renewable sources
means sources of energy other than fossil fuel or nuclear fuel, but includes waste of which not more than a specified proportion is waste which is, or is derived from, fossil fuel;
- Required alarm
means— that meets the appropriate standard.
- residential premises
means premises all or part of which comprise a dwelling;
- RID
means the Annex to Appendix C to the Convention concerning International Carriage by Rail (signed at Berne on 9 May 1980) (the Regulation concerning the International Carriage of Dangerous Goods by Rail);
- security guidance
means any guidance to which the ONR's nuclear security policy is relevant;
- sensitive nuclear information
means— (a) information relating to, or capable of use in connection with, the enrichment of uranium, or (b) information of a description for the time being specified in a notice under section 71;
- ship
includes every description of vessel used in navigation;
- specified
means specified in nuclear regulations.
- standard domestic tariff
means a domestic tariff some or all of whose terms are specified by, or in accordance with, a relevant provision;
- statutory grant
means— a a grant awarded under section 5(1) of the Science and Technology Act 1965 (grants to carry on or support scientific research), or b any other grant which is payable out of public funds and awarded under or by virtue of an Act or other statutory provision (as defined by section 1(f) of the Interpretation Act (Northern Ireland) 1954). 10 This section is without prejudice to section 32Z(1)(b). 32X 1 A certificate purchase order may provide for— a the Authority to require a person to provide it with information, or with information of a particular kind, which in the Authority's opinion is relevant to the question whether a GB certificate is, or was or will in future be, required to be issued to the person;
- strategic priorities
has the meaning given in subsection (2)(a);
- strike price
means the sum that is specified in, or determined under, the contract as the strike price in respect of electricity generated in the period specified in, or determined under, the contract.
- subordinate legislation
means an Order in Council, an order or regulations.
- substance
means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour.
- supplier
means an electricity supplier or a Northern Ireland supplier. 5 The Authority and the Northern Ireland authority may enter into arrangements for the Authority to act on behalf of the Northern Ireland authority for, or in connection with, the carrying out of any functions conferred on the Northern Ireland authority under, or for the purposes of, a certificate purchase order. 6 The duties imposed on the Secretary of State— a by section 3A (principal objective and general duties in carrying out functions under this Part), and b by section 132(2) of the Energy Act 2013 (duties in relation to strategy and policy statement), do not apply in relation to the exercise of a power under section 32N to make a certificate purchase order so far as it is made for or in connection with imposing the certificate purchase obligation on the purchasing body of NI certificates. 32Z1 1 Before making a certificate purchase order, the Secretary of State must consult— a the Authority, b the Northern Ireland authority, c the Council, d the General Consumer Council for Northern Ireland, e such electricity suppliers and Northern Ireland suppliers that may be required to pay the certificate purchase
- supply contract terms
means the terms and conditions of a domestic supply contract.
- supply licence condition
means any condition, document or agreement of a kind mentioned in subsection (1).
- tenancy
includes any lease, licence, sub-lease or sub-tenancy (and “landlord” is to be read accordingly).
- the 1958 Act
means the Land Powers (Defence) Act 1958;
- the 1974 Act
means the Health and Safety at Work etc.
- the 1986 Act
means the Gas Act 1986;
- the appropriate consent
means—
- the appropriate national authority
means— a in relation to England and Wales and Scotland, the ONR;
- the Authority
means the Gas and Electricity Markets Authority;
- the court
means— a in relation to England and Wales, the High Court;
- the government pipe-line and storage system
means any property to which subsection (2), (3), (4) or (5) applies and which is vested in the Secretary of State, including any land held by the Secretary of State for the purposes of such property.
- the HSE
means the Health and Safety Executive;
- the interim ONR
means the agency of the HSE currently known as the Office for Nuclear Regulation;
- the Northern Ireland department
means the Department of Enterprise, Trade and Investment;
- the relevant nuclear provisions
means— a sections 1, 3 to 6, 22 and 24A of the Nuclear Installations Act 1965, and b any regulations made under any of those sections, so far as they have effect in England and Wales or Scotland.”
- the renewables directive
means Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources.
- the repayment date
means the date specified in or determined in accordance with the order, and b the period for which interest is payable must not begin before the grant was paid or, if the repayment relates to an instalment of the grant, before the instalment was paid. 9 In this section “statutory grant” means— a a grant awarded under section 5(1) of the Science and Technology Act 1965 (grants to carry on or support scientific research), or b any other grant which is payable out of public funds and awarded under or by virtue of an Act or other statutory provision (as defined by section 1(f) of the Interpretation Act (Northern Ireland) 1954). 10 This section is without prejudice to section 32Z(1)(b). 32X 1 A certificate purchase order may provide for— a the Authority to require a person to provide it with information, or with information of a particular kind, which in the Authority's opinion is relevant to the question whether a GB certificate is, or was or will in future be, required to be issued to the person;
- the strategy and policy statement
means the statement for the time being designated under subsection (1) as the strategy and policy statement for the purposes of this Part.
- the tender regulations
means regulations made under section 6C. 6G 1 For the purposes of section 6F(3), transmission over an offshore transmission system (or anything forming part of it) takes place during a “commissioning period” if it takes place at any time— a before a completion notice is given in respect of the system, or b during the period of 18 months beginning with the day on which such a notice is given. 2 A “completion notice”, in relation to a transmission system, is a notice which— a is given to the Authority by the relevant co-ordination licence holder in accordance with the co-ordination licence, and b states that it would be possible to carry on an activity to which section 4(1)(b) applies by making available for use that system. 3 The Secretary of State may by order amend subsection (1) so as to specify a period of 12 months in place of the period of 18 months. 4 An order under subsection (3) may be made only so as to come into force during the period— a beginning 2 years after the day on which section 147 of the Energy Act 2013 comes into force, and b ending 5 years after that day. 5 An amendment made by an order under subsection (3) does not apply in relation t
- the transfer date
means a date specified by a scheme as the date on which the scheme is to have effect;
- the transferred purposes
means— i the railway safety purposes;
- the United Kingdom
includes—
- transfer of functions order
means an order under section 46(1) or (7).
- transmission system
includes a transmission system within the meaning of Part 2 of the Electricity (Northern Ireland) Order 1992, and “transmitting” is to be construed accordingly. 3 For the purposes of the definition of “renewable sources”, a certificate purchase order may make provision— a about what constitutes “waste”;
- transport purposes
means the purposes of—
- United Kingdom person
means—
- United Kingdom ship
means a ship registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995.
- use
includes testing in connection with the generation of electricity on a commercial scale.