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United Kingdom Statutory Instruments


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2004 No.2184 (C. 95 )

ATOMIC ENERGY AND RADIOACTIVE SUBSTANCES

ELECTRICITY

The Energy Act 2004 (Commencement No. 2) Order 2004

  Made 23rd August 2004 

The Secretary of State, in exercise of the powers conferred upon her by section 198(2) of the Energy Act 2004[1], hereby makes the following Order:

Citation and interpretation
     1.  - (1) This Order may be cited as the Energy Act 2004 (Commencement No. 2) Order 2004.

    (2) In this Order, "the Act" means the Energy Act 2004.

Commencement
    
2.  - (1) The provisions of the Act specified in Schedule 1 shall come into force on 24th August 2004.

    (2) The provisions of the Act specified in Schedule 2 shall come into force on 1st September 2004.


Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services, Department of Trade and Industry

23rd August 2004



SCHEDULE 1
Article 2(1)

PROVISIONS COMING INTO FORCE ON 24TH AUGUST 2004

Provisions Subject Matter of Provisions
Section 3 Designated responsibilities for Nuclear Decommissioning Authority
Section 4 Additional responsibilities under designating directions
Section 5(1) Supplemental provisions of designating directions
Section 6 Designations relating to Scotland
Section 9 General duties when carrying out functions
Section 13 Annual plans
Section 22 Expenditure and receipts of NDA
Sections 36 and 37 in so far as they relate to provisions in Chapter 1 of Part 1 of the Act previously commenced or commenced by this Order Meaning of "nuclear site" etc. and "person with control" and general interpretation of Chapter 1 of Part 1 of the Act
Section 133 "New trading and transmission arrangements"
Section 134 Power to modify licence conditions
Section 135 for the purpose of defining "transmission" and "transmission system" where those terms are used in section 133 Definition of "transmission" and "transmission system"
Section 137 (1), (2), (3), (4) and (7) New standard conditions for transmission licences
Section 138 Conversion of existing transmission licences
Section 140(2), (3) and (4) Duties to provide information to the Secretary of State and exclusion of section 105(1) of the Utilities Act 2000[2]
Section 142 Interpretation of Chapter 1 of Part 3 of the Act
Section 144 Transition
Sections 190 to 196 in so far as they relate to Chapter 1 of Part 3 of the Act Supplementary provisions relating to functions of the Secretary of State and the Gas and Electricity Markets Authority, and supplemental powers
Schedule 3 Procedural requirements applicable to NDA's annual plans
Schedule 17 Conversion of existing transmission licences: licensing scheme



SCHEDULE 2
Article 2(2)

PROVISIONS COMING INTO FORCE ON 1ST SEPTEMBER 2004

Provisions Subject Matter of Provisions
Section 135 in so far as it is not already in force Alteration of transmission activities requiring licence
Section 136 Transmission licences
Section 137(5) and (6) New standard conditions for transmission licences
Section 141 Property arrangements schemes
Section 143 Amendments consequential on Chapter 1 of Part 3 of the Act
Section 197(8) Repeal of part of section 11A(10)(b) of the Electricity Act 1989[3]
Section 197(9) in so far as it relates to the provisions in Schedule 23 to the Act brought into force by this Order Repeals set out in Schedule 23 to the Act
Schedule 18 Property arrangements schemes
Schedule 19 Amendments consequential on Chapter 1 of Part 3 of the Act
Schedule 23 in so far as it repeals part of sections 6(9), 11A(10) and 64(1) of the Electricity Act 1989, part of section 33(1) of the Utilities Act 2000 and section 53(5) of, and paragraph 31(2)(a) of Schedule 6 to, the Utilities Act 2000 Repeals



EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force provisions of the Energy Act 2004 as follows:

The remaining provisions will be brought into force by subsequent orders.



NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)These following provisions of the Act have been brought into force by commencement order made before the date of this Order:




Provision Date of Commencement S.I. No.
Section 1, 2, 10, 72, 73, 74, 75 and Schedules 1 and 15 27th July 2004 2004/1973 (C.87)


Notes:

[1] 2004 c. 20.back

[2] 2000 c. 27back

[3] 1989 c. 29back



ISBN 0 11 049727 9


  © Crown copyright 2004

Prepared 1 September 2004


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