Energy Act 2004


The Energy Act 2004 is an Act of the Parliament of the United Kingdom concerned with nuclear power, renewable and sustainable energy and energy regulation. Royal assent was granted on 22 July 2004.
The act established the Civil Nuclear Constabulary.

Part 1

Chapter 1

Section 10

Section 10 was substituted by paragraph 5 of Schedule 6 to the Environmental Authorisations Regulations 2018.

Section 29

Sections 29 and were substituted by section 99 of the Finance Act 2006. New sections 29 and were substituted for sections 29 and by section 99 of the Finance Act 2006. Section 29 was inserted by section 99 of the Finance Act 2006.

Section 30

Section 30 was substituted by section 100 of the Finance Act 2006. Section 30 was inserted by section 100 of the Finance Act 2006. Section 30 was substituted by section 100 of the Finance Act 2006.

Chapter 2

Section 44

Section 44 was substituted by paragraph 436 of Schedule 1 to the Corporation Tax Act 2010. Section 44 was substituted by paragraph 436 of Schedule 1 to the Corporation Tax Act 2010.

Chapter 3

Section 55

Section 55 was inserted by paragraph 11 of Schedule 7 to the Policing and Crime Act 2009.

Section 56A

This section was inserted by paragraph 3 of Schedule 2 to the Criminal Justice Act 2016 Order 2018.

Section 57

This section was repealed by section 115 of, and Part 4 of Schedule 10 to, the Protection of Freedoms Act 2012.

Section 59

Paragraph of the definition of "chief officer" in section 59 was inserted by paragraph 44 of Schedule 2 to the Police and Fire Reform Act 2012 Order 2013. Paragraphs and of the definition of "chief officer" in section 59 were repealed by Part 2 of Schedule 17 to the Serious Organised Crime and Police Act 2005.
Paragraph of the definition of "relevant force" in section 59 was inserted by paragraph 44 of Schedule 2 to the Police and Fire Reform Act 2012 Order 2013. Paragraphs and of the definition of "relevant force" in section 59 were repealed by Part 2 of Schedule 17 to the Serious Organised Crime and Police Act 2005.

Section 59A

This section was inserted by paragraph 199 of Schedule 4 to the Serious Organised Crime and Police Act 2005.

Section 68

Sections 68, and were repealed by paragraph 44 of Schedule 2 to the Police and Fire Reform Act 2012 Order 2013.

Chapter 4

This Chapter consisted of sections 72 to 75. Sections 72 to 75 were repealed as to England and Wales by Schedule 28 to the Environmental Permitting Regulations 2010, and as to Scotland by paragraph 1 of Schedule 7 to the Environmental Authorisations Regulations 2018.

Chapter 5

Section 78

Section 78 was repealed by paragraph 30 of Schedule 12 to the Energy Act 2013.

Part 2

Chapter 1

Section 81

Section 81 was repealed by section 108 of, and Schedule 6 to, the Energy Act 2008.

Chapter 2

Section 84

Section 84 was substituted by paragraph 4 of the Marine and Coastal Access Act 2009.

Section 95

New sections 95 to were substituted for section 95 by section 62 of the Scotland Act 2016. Section 95 was inserted by section 41 of the Wales Act 2017. Sections 95 and were inserted by section 41 of the Wales Act 2017.
Section 95 was inserted by section 62 of the Scotland Act 2016. Sections 95 and were inserted by section 41 of the Wales Act 2017.

Section 96

Section 96 was inserted by section 62 of the Scotland Act 2016.

Section 99

Sections 99 and were repealed as to Scotland by paragraph 3 of Schedule 4 to the Marine Act 2010.

Chapter 3

Section 105

Sections 105 to were inserted by section 62 of the Scotland Act 2016. Section 105 was repealed by section 108 of, and Schedule 6 to, the Energy Act 2008.

Section 105A

This section was inserted by section 69 of the Energy Act 2008.

Section 107

Sections 107 to were repealed by section 108 of, and Schedule 6 to, the Energy Act 2008.

Section 108

Section 108 was inserted by section 69 of the Energy Act 2008.

Sections 110A and 110B

Sections 110A and 110B were inserted by section 70 of the Energy Act 2008.

Section 111

Section 111 was inserted by section 62 of the Scotland Act 2016.

Section 112

Section 112 was inserted by section 62 of the Scotland Act 2016.

Section 112A

Section 112A was inserted by section 71 of the Energy Act 2008.

Chapter 4

Section 116

This section was repealed by section 108 of, and Schedule 6 to, the Energy Act 2008.

Section 121

Section 121 was inserted by section 40 of the Energy Act 2008.

Section 121A

This section was inserted by regulation 2 of the Origin of Renewables Electricity Regulations 2008.

Chapter 5

Sections 125 to 125C

New sections 125 to 125C were substituted for section 125 by paragraph 2 of Schedule 7 to the Climate Change Act 2008.

Section 126

Sections 126 to were inserted by paragraph 3 of Schedule 7 to the Climate Change Act 2008.

Sections 128

New sections 128 to were substituted for sections 128 and by paragraph 4 of Schedule 7 to the Climate Change Act 2008.

Section 129

Section 126 was substituted by paragraph 5 of Schedule 7 to the Climate Change Act 2008.

Sections 131A to 131C

Sections 131A to 131C were inserted by paragraph 6 of Schedule 7 to the Climate Change Act 2008.

Section 132

Section 132 was substituted by regulation 3 of the Energy Act 2004 Regulations 2012. Section 132 was inserted by regulation 4 of the Energy Act 2004 Regulations 2012.

Part 3

Chapter 1

Section 137

Section 137 was inserted by regulation 50 of the Electricity and Gas Regulations 2011. Section 137 was inserted by section 65 of the Energy Act 2013.

Chapter 3

Section 155

Sections 155 to were inserted by section 48 of the Energy Act 2013.

Section 166

Section 166 was inserted by section 93 of the Energy Act 2011. Section 166 and were inserted by section 93 of the Energy Act 2011.

Section 171

Section 171 was substituted by paragraph 220 of Schedule 1 to the Companies Act 2006 Order 2009.

Chapter 4

Section 180

Section 180 was repealed by section 108 of, and Schedule 6 to, the Energy Act 2008.

Section 184

Section 184 creates a scheme to reduce the cost of electricity distribution in areas with high electricity distribution costs. The AAHEDC scheme specifically covers the north of Scotland, currently the only area which receives assistance. Part of the tariff covers Shetland, and the remaining tariff covers the rest of the north of Scotland area. Tariffs for the scheme are published by 15 July each year but they take effect retrospectively from the preceding 1 April. The scheme is operated by National Grid Electricity System Operator, the national transmission system operator, a subsidiary of National Grid plc. The tariff in 2022/23 is 0.040670p per kwh.

Part 4

Section 198 - Short title, commencement and extent

The following orders have been made under this section:
  • Schedule 14

Paragraph 11 repealed by Part 2 of Schedule 17 to the Serious Organised Crime and Police Act 2005.

Schedule 15

This Schedule was repealed as to England and Wales by Schedule 28 to the Environmental Permitting Regulations 2010. Paragraphs 1 to 8 and 10 to 12 were repealed as to Scotland by paragraph 1 of Schedule 7 to the Environmental Authorisations Regulations 2018.

Schedule 16

Paragraph 9 was inserted by section 62 of the Scotland Act 2016.