Jurisdiction: England
Commencement: 28th February 2026.
Amends:
- The Environmental Permitting (England and Wales) Regulations 2016
- The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013
Mini Summary
- The Environmental Permitting (England and Wales) Regulations 2016 set out the environmental permitting and compliance regime that applies to England and Wales. The Regulations require operators to obtain permits for some facilities or activities, to register others as exempt and provides for ongoing supervision by regulators.
- The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013 (SI 2013/2696) implement Article 36 of Directive 2010/75/EU on industrial emissions. They provide that no order for development consent, or consent under section 36 of the Electricity Act 1989, may be made in relation to a combustion plant with a capacity at or over 300 MWe unless the relevant authority has determined whether it is technically and economically feasible to retrofit the equipment necessary to capture the carbon dioxide that would otherwise be emitted from the plant, and to transport and store such carbon dioxide from the site.
Duties
Various duties apply and are available to view on the Legislation Update Service.
Amendment
The Environmental Permitting (England and Wales) Regulations 2016
Schedule 25C is inserted to outline decarbonisation readiness requirements for regulated electricity-generating facilities in England.
From 28th February 2026, operators applying for or varying a permit must submit a decarbonisation readiness report detailing technical conditions as laid out in Schedule 25C.
For standard generator applications, a statement confirming compliance with Carbon Capture Readiness (CCR) or Hydrogen Conversion Readiness (HCR) conditions may be accepted without further evidence.
Once granted, the permit will include a condition for the holder to review the decarbonisation readiness report every 2 years, with potential additional conditions to report findings or ensure compliance with the CCR / HCR conditions.
For variation applications submitted before 28th February 2026, permits may be granted if the regulator determines that the CCR / HCR conditions are impractical due to the generator’s location or technical features.
The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013
From 28th February 2026, when a variation in permit is granted for an existing combustion plant in England, the existing carbon capture readiness (CCR) conditions cease to have effect the day before the variation is granted.