- act
includes omission;
- active member
has the same meaning as in section 124(1) of the Pensions Act 1995;
- additional police services
means services relating to the protection of places, persons or materials. 3 In subsection (2), “place” includes— a premises, facilities or equipment at a place;
- adverse environmental effect
has the meaning given by section 291(4);
- affected person
means a person that the economic regulator considers may be affected by the decision as to whether the licence should be terminated;
- allocation body
means a hydrogen production allocation body or a carbon capture allocation body.
- allocation notification
has the meaning given by section 75(3);
- appeal
means an appeal under section 20;
- appeal rules
means rules of procedure under paragraph 12;
- appropriate permit
has the meaning given in section 7B(9). 7D 1 This section applies where disqualifying matter is accepted at an excluded disposal site;
- assessor
has the meaning given by section 256(3);
- assistance
includes assistance provided in a country or territory other than the United Kingdom;
- associate
has the same meaning as in section 1152 of the Companies Act 2006;
- aviation turbine fuel
has the meaning given by article 3(1B) of the Renewable Transport Fuel Obligations Order 2007 (S.I. 2007/3072);
- benefit any person affected by the offence
includes action by way of the payment of a sum of money.
- buy-out payment
means a payment— a of an amount (“the buy-out price”) determined by the Secretary of State, b to a person approved by the Administrator (an “approved person”), c for a purpose approved by the Administrator (an “approved purpose”). 7E Provision made by virtue of subsection (7C) may include provision about the determination by the Secretary of State of the buy-out price, including provision— a enabling the Secretary of State to set different buy-out prices— i for different parts of the period to which the order relates;
- carbon capture allocation body
has the meaning given by section 73(6)(b);
- carbon capture counterparty
has the meaning given by section 67(3);
- carbon capture entity
means a person who carries on (or is to carry on) in the United Kingdom, with a view to the storage of carbon dioxide, activities of capturing carbon dioxide (or any substance consisting primarily of carbon dioxide) that— (a) has been produced by commercial or industrial activities, (b) is in the atmosphere, or (c) has dissolved in sea water;
- carbon capture revenue support contract
has the meaning given by section 67(2);
- carbon dioxide stream
means a flow of substances that results from carbon dioxide capture processes;
- carbon dioxide transport and storage counterparty
has the meaning given by section 59(3);
- carbon dioxide transport and storage revenue support contract
has the meaning given by section 59(2);
- Carbon storage information
means information acquired or created by or on behalf of a licensee in the course of carrying out activities under the licensee’s carbon storage licence.
- carbon storage installation
has the same meaning as in section 30 of the Energy Act 2008;
- Carbon storage licence
means a licence granted, or having effect as if granted, by the OGA under section 18(1) of the Energy Act 2008 (and references to a “licensee” are to a person who holds such a licence).
- Carbon storage samples
means samples of substances acquired by or on behalf of a licensee in the course of carrying out activities under the licensee’s carbon storage licence.
- Central system
means an information technology system which has one or both of the following functions—
- certified
means certified in accordance with energy performance regulations;
- certified accounts and report
means those accounts certified under sections 5 and 7 of the Government Resources and Accounts Act 2000, and the report issued by the Comptroller and Auditor General under section 6(3)(a) of that Act.”
- Chapter 1 entity
means the following—
- charge point
has the same meaning as in Part 2 of the Automated and Electric Vehicles Act 2018 (see section 9 of that Act).
- chief officer
means— (a) a chief officer of police of a police force for a police area in England and Wales;
- CMA
means the Competition and Markets Authority;
- co-ordination licence
means a transmission licence which authorises a person to co-ordinate and direct the flow of electricity onto and over a transmission system— (a) by means of which the transmission of electricity takes place, and (b) the whole or a part of which is at a relevant place (within the meaning of section 4(5));
- code manager licence
has the meaning given by section 183(2);
- collective agreement
has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178(1) of that Act);
- communal heat network
means a heat network by means of which heating, cooling or hot water is supplied only to a single building divided into separate premises or persons in those premises;
- company
means a company within the meaning of section 1 of the Companies Act 2006;
- competition
means a determination such as is mentioned in subsection (1);
- component
means any substance (whether or not derived from crude oil) of a kind which is mixed with other substances to produce a crude oil based fuel.
- consent
means any consent, approval, permission, authorisation or confirmation (however described or given) that is required, or otherwise provided for, by or under primary legislation;
- construction, commissioning or operational purposes
means the purposes of performing any functions which the successful bidder has, or may in future have under or by virtue of— (a) a relevant licence which has been, or is to be, granted as a result of the tender exercise, (b) a relevant contract which has been, or is to be, awarded as a result of the tender exercise, or (c) any enactment, in the successful bidder’s capacity as holder of the relevant licence or party to the relevant contract;”
- consumer complaints legislation
means Article 22 of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)) and such other provisions of that Order as relate to it.
- Consumer prices index
means—
- consumer redress order
has the meaning given by paragraph 37;
- contract counterparty
has the meaning given by section 6BA;” “• “delivery body” has the meaning given by section 6BB;” “• “offshore transmission” and “offshore transmission licence” have the meaning given by section 6F(8);” “• offshore waters” means— (a) waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea, and (b) waters within an area designated under section 1(7) of the Continental Shelf Act 1964;” “• “relevant contract” and “relevant licence” have the meaning given by section 6BA;” “• “relevant electricity project” has the meaning given by section 6BA;” “• “relevant licence” has the meaning given by section 6BA;”
- Contribution rate adjustments
means such adjustments— as are considered appropriate by the designated person (acting on actuarial advice) to ensure that the average contribution rate for members of the scheme in respect of defined benefits is as close as reasonably practicable to 8.2%.
- controlled place
has the same meaning as in section 17 of the Energy Act 2008;”
- core fuel sector activity
has the meaning given by section 268;
- core fuel sector participant
has the meaning given by section 268(6);
- core fuel sector resilience
means the capability of core fuel sector participants to— disruptions to core fuel sector activities.
- core fuels
has the meaning given by section 268(4);
- cost benefit analysis
has the meaning given by section 256(6);
- Crown body
means any body corporate in which a Minister of the Crown holds, directly or indirectly, any shares or other interest;
- Crown or Duchy interest
means—
- crude oil
means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation, and includes— (a) crude oils from which distillate fractions have been removed, and (b) crude oils to which distillate fractions have been added;
- crude oil based fuel
means any fuel comprised wholly or mainly of crude oil or substances derived from crude oil;
- DAERA
means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
- decommissioning costs
has the meaning given by section 92 of the Energy Act 2023;” “• ““geological storage”, in relation to carbon dioxide, has the same meaning as in Part 1 of the Energy Act 2023 (see section 55 of that Act);” “• ““licensable means of transportation” has the meaning given by section 2(3) of the Energy Act 2023;” “• ““relevant person” means a person to whom a notice may be given under section 29(1) of the 1998 Act in relation to a submarine pipeline;”
- delivery body
has the meaning given by section 6BB;” “• “offshore transmission” and “offshore transmission licence” have the meaning given by section 6F(8);” “• offshore waters” means— (a) waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea, and (b) waters within an area designated under section 1(7) of the Continental Shelf Act 1964;” “• “relevant contract” and “relevant licence” have the meaning given by section 6BA;” “• “relevant electricity project” has the meaning given by section 6BA;” “• “relevant licence” has the meaning given by section 6BA;”
- designated
has the same meaning as in section 50.
- designated BNFL body
means a company designated for the purposes of Schedule 7 to the Energy Act 2004 or any body corporate in which a company designated for those purposes holds, directly or indirectly, any shares or other interest;
- designated central system
means a central system that is designated for the purposes of this Part by notice given by the Secretary of State.
- designated document
has the meaning given by section 182(1);
- designated electricity licence document
has the same meaning as in section 4 of the Electricity Act 1989;
- designated gas licence document
has the same meaning as in section 5.”
- designated person
includes a person who has been a designated person;
- designation notice
means a notice under section 131(1).
- devolved authority
means—
- disposal of premises
includes leasing or letting of premises;
- disqualifying matter
means nuclear matter that exceeds the radioactivity concentration limits set out in paragraph 3(a) of the Appendix to the 2016 Decision. 3 The permit condition is that— a an appropriate permit is in force in respect of the site, and b that permit includes a condition preventing the site from receiving disqualifying matter. 4 The site history condition is that— a disqualifying matter has not at any time been accepted for disposal at the site, or b any disqualifying matter previously accepted for disposal at the site has been removed from the site. 5 An application under subsection (1)(a) must be accompanied by such documents as may be prescribed. 6 Regulations made under subsection (5) may— a specify requirements relating to the preparation, approval or review of a prescribed document;
- distribution system
has the same meaning as in Part 1 of the Electricity Act 1989 (see section 4(4) of that Act);
- district heat network
means a heat network by means of which heating, cooling or hot water is supplied to two or more buildings or persons in those buildings;
- economic regulator
has the meaning given by section 1(2);
- electricity licence
means a licence for the purposes of section 4 of the Electricity Act 1989 (prohibition on unlicensed activities);
- electricity supplier
means the holder of a licence under section 6(1)(d) of the Electricity Act 1989.
- electricity system operator licence
means a licence under section 6(1)(da) of the Electricity Act 1989;
- emissions
has the same meaning as in the Climate Change Act 2008 (see section 97 of that Act);
- emissions reduction
has the meaning given by section 254(5);
- employee
has the same meaning as in the TUPE regulations (see regulation 2(1) of the regulations);
- enactment
includes— (a) an enactment contained in subordinate legislation (as defined in section 21 of the Interpretation Act 1978);
- energy
means energy in any form and includes fuel or other substances used to produce energy;
- energy consumption
has the meaning given by ESOS regulations;
- energy performance information
means information about the energy usage or energy efficiency of premises;
- energy saving
has the meaning given by section 254(4);
- energy savings opportunity scheme
has the meaning given by section 254(2);
- Energy smart appliance
means an appliance which is capable of adjusting the immediate or future flow of electricity into or out of itself or another appliance in response to a load control signal;
- energy-intensive activity
means an activity (or description of activity) that is designated as such in the regulations.
- enforcement authority
means a person on whom energy performance regulations confer the function of enforcing any requirement imposed by or under energy performance regulations;
- enforcement decision
means—
- enforcement provision
means provision falling within section 250(3)(f).
- enforcement undertaking
means an undertaking to take, within any period specified in the undertaking, action—
- enforcing authority
has the same meaning as in Part 1 of the Health and Safety at Work etc Act 1974 (see section 18(7)(a) of that Act);
- England
includes the English inshore region and the English offshore region;
- Environmental compensation obligation
means—
- excluded disposal site
has the meaning given by section 7C;”
- Existing licence
means a licence granted (or having effect as if granted) by the Oil and Gas Authority under section 18(1) of the Energy Act 2008 which is in force immediately before the commencement of subsection (1).
- final order
has the meaning given by section 31(4);
- financial assistance
means grants, loans, guarantees or indemnities, or any other kind of financial assistance.
- financial year
means a financial year of the economic regulator;
- for the United Kingdom
includes such policy for—
- former GBN body
means— (a) a company formerly designated as Great British Nuclear, or (b) any body corporate in which a company formerly designated as Great British Nuclear— (a) holds, directly or indirectly, any shares or other interest, and (b) held, directly or indirectly, any shares or other interest, at a time at which it was designated as Great British Nuclear;
- fossil fuel
means—
- functions
includes powers and duties;
- fusion energy facility
means a site that is— a used for the purpose of installing or operating any plant designed or adapted for the production of electrical energy or heat by fusion, and b not also used for the purpose of installing or operating a nuclear reactor.”
- gas
means— (a) “gas” within the meaning of section 2 of the Energy Act 2008, (b) carbon dioxide, and (c) hydrogen;
- gas licence
means a licence for the purposes of section 5 of the Gas Act 1986 (prohibition on unlicensed activities).
- gas transporter
means— (a) a gas transporter within the meaning of Part 1 of the Gas Act 1986 (see section 7 of that Act), or (b) any other person who— (a) is conducting a hydrogen grid conversion trial, and (b) does not require a licence under section 7 of the Gas Act 1986 as a result of an exemption under section 6A of that Act;
- gas transporter licence
means a licence under section 7 of the Gas Act 1986;
- geological formation
means a lithostratigraphical subdivision within which distinct rock layers can be found and mapped;
- geological storage
has the same meaning as in Part 1 (see section 55).
- grace period
means a period to comply before enforcement action is taken.
- grantor
has the meaning given by section 9(10);
- greenhouse gas
has the meaning given by section 92 of the Climate Change Act 2008;
- Greenhouse gas emissions
means emissions of any greenhouse gas within the meaning of section 92(1) of the Climate Change Act 2008.
- heat network
means a network that, by distributing a liquid or a gas, enables the transfer of thermal energy for the purpose of supplying heating, cooling or hot water to a building or persons in that building (and includes any appliance the main purpose of which is to heat or cool the liquid or gas).
- heat network administration order
has the meaning given by paragraph 48;
- heat network administrator
has the meaning given by paragraph 48;
- heat network authorisation
has the meaning given by paragraph 13;
- heat network consumer
has the meaning given by the regulations;
- heat network zone
has the meaning given by section 226(2);
- heat network zone requirement
means a requirement imposed by or by virtue of regulations made by virtue of section 232 or 233.
- hydrogen
means any gas that consists wholly or mainly of hydrogen;
- hydrogen grid conversion trial
means a scheme designated by the Secretary of State that—
- hydrogen levy administrator
has the meaning given by section 69(6);
- hydrogen pipeline project
means a project involving the construction, alteration or operation of a pipeline for the purpose of the conveyance of hydrogen.
- hydrogen production allocation body
has the meaning given by section 73(6)(a);
- hydrogen production counterparty
has the meaning given by section 65(3);
- hydrogen production revenue support contract
has the meaning given by section 65(2);
- hydrogen storage counterparty
has the meaning given by section 63(3);
- hydrogen storage provider
means a person who carries on (or is to carry on) in the United Kingdom activities of storing hydrogen.
- hydrogen storage revenue support contract
has the meaning given by section 63(2);
- hydrogen transport counterparty
has the same meaning as in Chapter 1 of Part 2 (see section 56);
- hydrogen transport provider
means a person who carries on (or is to carry on) in the United Kingdom activities of transporting hydrogen.
- hydrogen transport revenue support contract
has the meaning given by section 61(2);
- Independent System Operator and Planner
means the person for the time being designated under section 162(1) of the Energy Act 2023;”
- information
includes advice.”
- information and samples plan
has the meaning given in section 109;
- insolvency legislation
means—
- installation and maintenance licence
has the meaning given by paragraph 31;
- licence
means anything (however described) which permits a person to do something;
- licensable activities
has the meaning given by section 1(10);
- licensable means of transportation
has the meaning given by section 2(3);
- Load control signal
means a digital communication sent via a relevant electronic communications network to an energy smart appliance for the purpose of causing or otherwise facilitating such an adjustment.
- local authority
means—
- low carbon hydrogen producer
means a person who carries on (or is to carry on) in the United Kingdom activities of producing hydrogen which in the opinion of the Secretary of State will contribute to a reduction in emissions of greenhouse gases;
- low carbon hydrogen production
means production of hydrogen by a method which in the opinion of the Secretary of State will contribute to a reduction in emissions of greenhouse gases;
- low-carbon heat scheme
has the meaning given by section 143(2);
- low-carbon heat target
means a target imposed by or under scheme regulations;
- manager of the Crown Estate in Scotland
means a person who for the time being is discharging functions in relation to the management of any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies;
- member
has the same meaning as in section 124(1) of the Pensions Act 1995;
- Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act);
- modification
means a modification under section 245.
- modification condition
means a condition requiring, or otherwise providing for the making of, modifications to the conditions of a licence;
- modification of appliances
has the meaning given by energy smart regulations.
- modifications
includes additions, alterations and omissions and cognate expressions are to be construed accordingly;
- modify
includes remove or fail to incorporate and “modification” is to be construed accordingly.
- national authority
means— (a) the Secretary of State;
- new premises
means premises—
- non-GB company
means a company incorporated outside Great Britain;
- non-NI company
means a company incorporated outside Northern Ireland;
- non-UK CSC claim
has the meaning given by section 16AA;”
- normal levels
means levels that—
- Northern Ireland
includes the Northern Ireland inshore region;
- Northern Ireland gas shipper
means a person who holds a licence under Article 8(1)(c) of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) and who in the opinion of the Secretary of State carries on an activity which is similar to an activity that (in Great Britain) may be authorised by a licence under section 7A(2) of the Gas Act 1986;
- off-grid heating fuel supplier
means a person who, in the course of business, supplies any— (a) renewable liquid heating fuel, (b) fossil fuel, or (c) other fuel, apart from solid fuel, at or for delivery to places in Great Britain with a view to its being used wholly or mainly for the purpose of heating buildings to which there is no mains gas supply;
- offshore area
means— and includes the places above those areas and the bed and subsoil of the sea within those areas.
- offshore place
means a place in, under or over—
- offshore transmission
means the transmission within an area of offshore waters of electricity generated by a generating station in such an area;
- offshore transmission licence
means a transmission licence authorising anything that forms part of a transmission system to be used for purposes connected with offshore transmission;
- offshore transmission tender regulations
means tender regulations that provide for the determination on a competitive basis of the person to whom an offshore transmission licence is to be granted;”
- offshore wind electricity infrastructure
means—
- OGA
means the Oil and Gas Authority;
- oil
means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products.
- Part 12 facility owner
has the meaning given by section 268(11);
- participant
means an undertaking to which an energy savings opportunity scheme applies;
- partnership
means— (a) a partnership within the meaning of the Partnership Act 1890, or (b) a limited partnership within the meaning of the Limited Partnerships Act 1907.
- penalty
means a penalty imposed on a licence holder under paragraph 4.
- pensionable service
has the same meaning as in section 124(1) of the Pensions Act 1995.
- Pensions information
means specified information that—
- Pensions provision
means provision in connection with a qualifying pension scheme, including provision for—
- place
includes— a premises, facilities or equipment at a place;
- planning and forecasting functions of the Independent System Operator and Planner
has the meaning given by section 5(10A).”
- policing body
means— (a) in relation to a police force for a police area in England and Wales, the relevant local policing body in the meaning of section 101(1) of the Police Act 1996;
- policy outcomes
has the meaning given in subsection (2)(b);
- pre-commencement transmission licence
means a licence under section 6(1)(b) of the Electricity Act 1989 that is in force immediately before this section comes into force.
- premises
has the same meaning as in section 4.”
- prescribed
means prescribed by regulations made by the GEMA;
- primary legislation
means— (a) an Act of Parliament, (b) an Act of the Scottish Parliament, (c) an Act or Measure of Senedd Cymru, or (d) Northern Ireland legislation;
- principal objectives
means the principal objectives of the Secretary of State and the economic regulator set out in section 1(1).
- property
includes interests of any description;
- proposed GBN body
means a company that the Secretary of State proposes to designate as Great British Nuclear or any body corporate in which a company proposed to be designated for those purposes holds, directly or indirectly, any shares or other interest;
- protected marine area
has the meaning given by section 291(6);
- protected material
means information or samples which have been obtained by the OGA under section 112 or 124;
- protected site
has the meaning determined in accordance with regulations under this section;
- provisional order
means an order under sub-paragraph (2);
- public authority
means— (a) a Minister of the Crown, (b) the Scottish Ministers, (c) the Welsh Ministers, (d) a Northern Ireland department, or (e) any other person with functions of a public nature;
- public body
means a body established by an enactment (within the meaning of Part 1 of this Act) or any body corporate in which a body established by an enactment holds, directly or indirectly, any shares or other interest;
- qualifying accrued rights
means— (a) any right which, at the relevant time, has accrued to or in respect of a qualifying member of a qualifying pension scheme to future benefits under the scheme, (b) any entitlement under a qualifying pension scheme to the present payment of a pension or other benefit that a qualifying member of the scheme has at the relevant time, or (c) any entitlement to benefits, or rights to future benefits, under a qualifying pension scheme that a person who has survived a qualifying member of the scheme has at the relevant time in respect of the member;