Jurisdiction: United Kingdom

Commencement: 10th September 2024

Amends: Energy Act 2023
Mini Summary

The Energy Act 2023 sets out that organisations must have a licence to transport hydrogen gas and carbon dioxide through a pipeline, and dispose of carbon dioxide via geological storage.

Duties

Various duties apply and are available to view in full on the Legislation Update Service.



Amendment


The following sections come into force on 10th September 2024.



  • Section 209, allowing the Secretary of State to make additional legislation relating to multi-purpose interconnectors.


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Jurisdiction: Republic of Ireland

Commencement: 30th July 2024

Amends: Electricity Regulation Act 1999 (Public Service Obligations) Order 2002


Mini Summary

The Electricity Regulation Act 1999 (together with its associated orders) allows for the introduction of a renewable energy incentive scheme. The Renewable Feed-In Tariff (REFIT) scheme operates by guaranteeing new renewable generation a minimum price for electricity exported to the grid over a 15-year period. The scheme is funded through the Public Service Obligations charged to all electricity consumers set out in the Act.

Duties

The REFIT scheme is operated in 3 parts.


REFIT 1

This part was announced in 2006 and ran up until the end of 2009 for new applicants. Projects supported here included wind turbines, hydroelectricity and landfill gas.


REFIT 2

This covers small and large-scale onshore wind turbines, biomass, landfill gas and small hydroelectricity (less than 5MW (megawatts)). To be eligible for REFIT 2, the various requirements set out in the terms and conditions must be fulfilled. These requirements include:

  • proof of planning permission;
  • grid connection; and
  • the application must relate to new plants neither fully commissioned nor operational on 1st January 2010.

REFIT 3

This part supports certain biomass-related REFIT categories as follows.

  • A total of 50MW of anaerobic digestion* (AD), including Combined Heat and Power (CHP).
  • 100MW of Biomass CHP (non-AD).
  • 160MW of biomass combustion and co-firing.

*Anaerobic digestion is the process by which organic matter, such as animal or food waste, is broken down to produce biogas and biofertiliser.

All projects are supported with this guaranteed tariff for 15 years. This period commences when the electricity supplier purchases electricity from the plant of the generator.

Further information can be found on the Department of Communications, Climate Action & Environment website.


Amendment


Schedule 3Schedule 4Schedule 5 and Schedule 6 have been replaced. This is to update the lists of renewable energy projects in both the Renewable Energy Feed in Tariff Scheme and the Renewable Electricity Support Scheme.


There are no changes to duties for organisations.


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Jurisdiction: Scotland

Commencement: 1st April 2024

Amends: The Renewables Obligation (Scotland) Order 2009
Mini Summary

The Renewables Obligation (Scotland) Order 2009 imposes a Renewables Obligation (RO) on all electricity suppliers that supply electricity in Scotland to supply to a specified amount of electricity that has been generated using renewable sources. Renewable sources include sources of energy such as wind, water, solar and biomass.

Duties
This Order imposes a Renewables Obligation (RO) on all electricity suppliers that supply electricity in Scotland to supply to a specified amount of electricity that has been generated using renewable sources. Renewable sources include sources of energy such as wind, water, solar and biomass.

If the supplier would rather not generate the renewable electricty itself, it can buy Renewables Obligation Certificates (ROCs) (certificates awarded to generators of renewables electricity for every MWh of electricty they generate) from other suppliers, in effect demonstrating that renewable electricity has been generated on their befalf. Alternatively they can simply make payments to the Gas and Electricity Markets Authority to meet their obligation.

Part One brings together the definitions of waste as a renewable source and biomass.Waste constitutes a renewable source if not more than 90% of it is, or derived from fossil fuels.Biomass waste is a fuel where at least 90% of its energy content is derived from plant matter, animal matter, fungi or algae. The requirements for the use of municipal waste as a fuel have been simplified.

Part Two sets out how the renewables obligation is calculated and how suppliers can meet their obligation. The number of SROCs is established using calculations set out in articles 6 to 10. There are no numbers of obligations for electricity suppliers in Scotland as set out in Article 11.

Part Three sets out what has to be certified in a SROC, including what constitutes supply to a customer, or use under a permitted way. There is a new permitted way which is aimed at removing administrative burdens experienced by generators supplying over an unlicensed private transmission supply network.

Part Four sets out situations where SROCs should not be issued.

Part Five sets out how the amount of electricity attributable to eligible renewable sources is calculated. It is also simpler to claim ROCs for qualifying combined heat and power generation.

Part Six allows for generators of electricity from eligible renewable sources to receive a set number of SROCs for each MWh of electricity they generate. The number of SROCs issued, will depend upon the type of technology that is being used. There is also protection for the level of support for existing technologies which would otherwise be banded. Provisions have also been made, for regular reviews of the banding provisions at four year intervals with the first review occurring in October 2010.

Part Seven sets out the process for the issue or revocation of SROCs.

Part Eight deals with the stewardship of buyout and late payment funds. There are also regulations on how suppliers should pay into funds and how these will be distributed to suppliers.

Part Nine sets out the information required to be provided to the Authority, with new provisions relating to Biomass. It also requires a SROC register to be maintained by the Authority.

 

Amendment

Scottish Ministers are now able to revise the renewables obligation for the obligation period beginning on 1st April 2024. A revision may only be made once, and cannot be made after 31st March 2024.

Definitions are revised to reflect these changes.

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Jurisdiction: England, Wales & Scotland

Commencement: 1st April 2024

Amends: Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015
Mini Summary

The Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015 updates levy payment requirements for electricity suppliers to fund the Contracts for Difference (CFD) scheme, a system for funding low-carbon electricity generation across suppliers.

Duties
Various duties apply.

Amendment

The Secretary of State may refuse to issue, or revoke, an energy intensive industry (EII) certificate where an organisation is insolvent, or is likely to become insolvent.

This update has no direct relevance to environmental matters.

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Jurisdiction: England, Wales, Scotland

Commencement: 24th July 2023

Amends: New legislation

 
Mini Summary

This Order establishes a new Energy Compliance Obligation (ECO) scheme, ECO4A, which operates in conjunction with the 4th Energy Compliance Obligation scheme (ECO4). These schemes place duties on large energy suppliers to implement energy efficiency measures and aim to reduce the cost of heating domestic properties.

Summary

The Electricity and Gas (Energy Company Obligation) Order 2023 establishes a new Energy Compliance Obligation (ECO) scheme, ECO4A, which operates in conjunction with the 4th Energy Compliance Obligation scheme (ECO4).

The scheme places duties on large energy suppliers* to implement energy efficiency measures to reduce the cost of heating domestic properties.

*Large energy suppliers are licenced gas and electricity suppliers** that exceed the minimum qualifying supply*** of electricity and gas supplied to domestic customers.

**Licenced gas and energy suppliers are suppliers who hold a licence under Section 6 of the Electricity Act 1989 and / or a licence under Section 7A of the Gas Act 1986.

***Qualifying supply means:

  • 300 GWh (gigawatt hours) of electricity supplied per phase; or
  • 700 GWh of gas supplied per phase.

The scheme is split into 3 phases.

  1. Phase A: 25th July 2023 to 31st March 2024.
  2. Phase B: 1st April 2024 to 31st March 2025.
  3. Phase C: 1st April 2025 to 31st March 2026.

Duties
Various duties apply.

 

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Jurisdiction: Great Britain

Commencement: 26th October 2022

Amends: The Renewable Heat Incentive Scheme Regulations 2018
Mini Summary

The Renewable Heat Incentive Scheme Regulations 2018 continue the Renewable Heat Incentive Scheme to facilitate and encourage the renewable generation of heat by giving subsidy payments to eligible generators of renewable heat and producers of biomethane.

Duties
Various duties apply.

Amendment

The following apply to England, Scotland and Wales. These changes come into force on 16th November 2022.

Changes are made to the fuel quality requirements for wood pellets listed in Schedule 4A. These Regulations temporarily suspend the requirement for participants who use wood pellets as fuel for their biomass boilers to use ENplus A1 pellets.

Furthermore, this suspension of this requirement will apply for 12 months.

Powers are granted to the Secretary of State to temporarily suspend this requirement again, if needed in the future.

Additionally, changes are made to the ownership requirements in regulation 52A (Modification of installation capacity -shared ground loop systems). A participant who is not the owner, or one of the owners of an additional heat pump can make a capacity modification application to the Office of Gas and Electricity Markets (Ofgem) if:

Tariff Guarantees (TG2 and TG3) and Coronavirus (COVID-19) extension applicants can file a plan to modify capacity on, or before 31st March 2023, without their plant being accredited by Ofgem. This is done to accommodate delays due to the COVID-19 pandemic.

There are no changes to duties for organisations. 

 
  

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Jurisdiction: United Kingdom

Commencement: 22nd July 2022

Amends: Energy Act 2013 (2013 c.32)
Mini Summary

The Energy Act 2013 (2013 c.32) sets out the legislative framework that the Government will make Regulations from in the coming years to ensure that the UK will generate enough secure, affordable and low-carbon energy to meet increasing demand. As well as cost and capacity issues, these forthcoming policies also consider the UK’s Climate Change Act 2008 commitments and legally-binding EU renewables targets. The Act introduces Contract for Difference, a key part of the Electricity Market Reform (EMR) programme.

Duties
Various duties apply.

Amendment
Technical changes are made to the Contracts for Difference (CFD) scheme*. Changes are made to The Contracts for Difference (Allocation) Regulations 2014  and The Electricity Market Reform (General) Regulations 2014  to reflect this.

*The CFD scheme is a private contract between low-carbon electricity generators and the Low Carbon Contracts Company (LCCC). It is the UK Government’s main mechanism for supporting low-carbon electricity generation.

The Contracts for Difference (Allocation) Regulations 2014  is amended to require floating offshore wind generating stations to provide a supply chain statement when applying for a CFD.

Regulation 11 (Providing supply chain statements or refusing applications) of The Electricity Market Reform (General) Regulations 2014  is updated to clarify that an approved plan is valid for 9 months.

 
  

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Jurisdiction: UK

Commencement:

The following sections of the Act will commence on Royal Assent (30th December 2020):

The other provisions will commence on the day or days appointed by regulations.

Amends:

Summary
This Act implements into legislation Agreements that have been agreed between the United Kingdom (UK) and the European Union (EU) following the UK’s departure from the EU:

The Act is required to implement the Agreements for them to have domestic legal effect and to enable the UK Government to consent to the Agreements. It also enables the implementation of future arrangements and agreements.

The applicability to health and safety relates to Part 2 of the Act, specifically disclosure and sharing of non-food product safety information within the UK and with the EU.

Non-food product safety information includes the compliance of products, as well as whether they are safe, and the information listed in Article TBT.9(3) of the TCA and information under the Annexes on chemicals and motor vehicles to the Trade and Cooperation Agreement:

Product safety information within the UK
This Act provides a way for the UK to share non-food product safety information received from the European Commission with the ‘appropriate person‘ so that the information can be used for the protection of consumers and others.

Where a relevant authority, i.e. a Government Minister or the Health and Safety Executive (HSE), receives non-food product safety information from the European Commission, they can disclose non-food product safety information received from the EU for a permitted purpose. The following are permitted purposes:

There is no restriction on who the information can be shared with, provided it is for the permitted purpose. In practice, it is expected that this information will be shared with public authorities, such as market surveillance authorities and the Crown Dependencies, as part of their inclusion in the TCA.

A person who receives non-food product safety information from the EU may only use the information for a permitted purpose and is not able to further disclose the information except with the consent of the relevant authority.
Product safety information with the EU
The Act also provides a way for a Government Minister or the HSE to share with the European Commission information which relates to non-food product safety for the purpose of the TCA. The TCA establishes contact points through which this information will be exchanged between the UK Government and the European Commission.
Duties
There are no direct compliance duties for organisations in this Act.

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Jurisdiction: England and Wales

Commencement: 31 March 2021

Amends: The Renewables Obligation Order 2015
Mini Summary

The Renewables Obligation Order 2015 consolidates and re-enacts the Renewable Obligation Order 2009, as amended. It imposes an obligation, on all electricity suppliers licensed under the Electricity Act 1989 which supply electricity in England and Wales, to produce a certain number of renewables obligation certificates in respect of each megawatt hour of electricity that each supplies to customers in England and Wales during a specified period known as an obligation period. It also bands the different technologies that are used to generate electricity from renewable sources.

 
Amendment

Changes are made to when mutualisation (when debt is recovered from compliant suppliers) is enforced. Mutualisation is now triggered when debt equals or exceeds a threshold of 1% of the forecasted annual cost of the Scheme for the obligation year in question. The threshold was previously set at £15.4 million.

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Jurisdiction: England, Wales

Commencement: 2nd December 2020

Amends: The Planning Act 2008 
Mini Summary
The Planning Act 2008 intends to speed up the process for approving major new infrastructure projects such as airports, roads, harbours, energy facilities such as nuclear power and waste facilities. Parts 1 to 8 of the Act creates a new system of development consent for nationally significant infrastructure projects. The new system covers certain types of energy, transport, water, waste water and waste projects. The number of applications and permits required for such projects is being reduced, compared with the position under current legislation.
Amendment
The 2008 Act sets out criteria for when infrastructure projects need to seek planning consent from the Secretary of State under the Nationally Significant Infrastructure Projects (NSIP) regime, as opposed to consent from the Local Planning Authority.

To support the move to net zero emissions by 2050, these Regulations remove electricity storage facilities*, except for pumped hydroelectric storage facilities, from the requirement to obtain planning consent in accordance with the NSIP regime under the 2008 Act.  Instead, planning consent for these types of development is to be obtained from the relevant Local Planning Authority under the Town and Country Planning Act 1990. This will make it a simpler process for larger scale storage facilities to get planning permission.

*An ‘electricity storage facility’ is a type of energy storage power station that uses batteries to store generated electrical energy.

The NSIP regime is partly in place for projects where the benefits of infrastructure are national whilst the impacts are more local in nature. The exemption from the NSIP regime does not apply to pumped hydroelectric storage facilities due to the larger planning impacts of this technology.

Provisions are put in place by Article 5 for existing submitted and accepted applications to develop generating stations which contain an exempt electricity storage facility before this Order comes into force on 2nd December 2020. For these applications, the process continues as set out in the 2008 Act.

Article 6 puts provisions in place for development consent orders given for generating stations which contain an exempt electricity storage facility. The requirements of these development consent orders continue to apply and follow the process set out in the 2008 Act.

Provisions relating to applications to develop generating stations which contain an electricity storage facility that have been refused by the Secretary of State before this Order comes into force are set out in Article 7. The ability to challenge this refusal as set out in the 2008 Act continues to apply.

 

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