UK Act of Parliament
2004
United Kingdom
Energy Act 2004
At a glance
Enforced by
What's here
44 compliance obligations, 2 practical guides · 7 statutory instruments
Penalty landscape
6 of 44 obligations carry up to 2 years imprisonment. 2 carry different penalties and 36 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 13
- Director or Officer 2
Plus 29 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
1 guidesSupporting — topic alignment
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — The Civil Nuclear Industry
Designated responsibilities
Other duties (1) — Crown / regulator
- Secretary of State must notify site controllers of NDA designations Crown / Minister / Government department
Designations relating to Scotland
Other duties (1) — Crown / regulator
- Secretary of State and Scottish Ministers must jointly direct NDA activities Crown / Minister / Government department
Supplemental functions
Other duties (1) — Crown / regulator
- NDA must support nuclear decommissioning research and local communities Statutory regulator
Special functions in relation to pensions etc.
Other duties (1) — Crown / regulator
- NDA must manage pension and compensation schemes for nuclear industry staff Statutory regulator
General duties when carrying out functions
Other duties (1) — Crown / regulator
- NDA must manage nuclear sites safely and support local communities Statutory regulator
Strategy for carrying out functions
Other duties (1) — Crown / regulator
- NDA must maintain a strategy for decommissioning nuclear sites Statutory regulator
Contents of strategy
Other duties (1) — Crown / regulator
- NDA must publish a strategy for nuclear decommissioning and site cleanup Statutory regulator
Duty to decommission and clean up installations and sites
Other duties (1) — Crown / regulator
- NDA must decommission and clean up designated nuclear sites Statutory regulator
Duty to use installations etc. for purposes of NDA
- Use nuclear sites only for purposes approved by the NDA Any Person
Directions by NDA to the person with control
- Follow NDA directions for decommissioning and managing nuclear sites Any Person
Financial responsibilities of NDA
Other duties (1) — Crown / regulator
- NDA must meet decommissioning costs for designated public nuclear sites Statutory regulator
Accounts of NDA
Other duties (1) — Crown / regulator
- Nuclear Decommissioning Authority must maintain and report audited accounts Crown / Minister / Government department
Establishment and maintenance of the Account
Other duties (1) — Crown / regulator
- Secretary of State must maintain the Nuclear Decommissioning Funding Account Crown / Minister / Government department
Examination of the Account
Other duties (1) — Crown / regulator
- Secretary of State must prepare and report on nuclear funding accounts Crown / Minister / Government department
Transfer of Nuclear Liabilities Investment Portfolio
Other duties (1) — Crown / regulator
- Secretary of State must manage and account for nuclear liability funds Crown / Minister / Government department
Chief constable and other senior officers
Other duties (1) — Crown / regulator
- Police Authority must appoint senior officers for the Constabulary Statutory regulator
Functions of senior officers
Other duties (1) — Crown / regulator
- Chief Constable must follow policing and strategy plans Statutory regulator
Provision of additional police services
- Police Authority may provide additional security services via agreement Any Person
Provision of assistance to other forces
Other duties (1) — Crown / regulator
- Civil Nuclear Constabulary must prioritize primary functions when assisting others Statutory regulator
Constables serving with National Crime Agency
Other duties (1) — Crown / regulator
- NCA Director General must direct Constabulary members on secondment Statutory regulator
Supervision by Secretary of State
Other duties (1) — Crown / regulator
- Secretary of State must supervise and fund the Civil Nuclear Police Authority Crown / Minister / Government department
Rank-related associations
- Maintain independence of rank-related associations Any Person
Representation at certain disciplinary proceedings
Other duties (1) — Crown / regulator
- Civil Nuclear Police Authority must offer legal representation in hearings Statutory regulator
Browse 62 other sections in this Part — procedural / definitional / commencement
The Nuclear Decommissioning Authority
Constitution of NDA
Additional responsibilities under designating directions
Supplemental provisions of designating directions
Powers for carrying out functions
Annual plans
Annual reports
Duties to operate installations and to provide treatment etc.
Designation as a related site for the purposes of s. 18
Duty to comply with directions under s. 18
Expenditure and receipts of NDA
Borrowing by the NDA
Limit on NDA borrowing
Government guarantees for NDA borrowing
Tax exemption for NDA activities
Taxation of NDA activities chargeable under miscellaneous provisions
Disregard for tax purposes of cancellation etc. of provisions
Disregard for tax purposes of provisions recognised by NDA
Validity of transactions
Amendment of Schedule 12 to the 1989 Act
Power to modify Chapter 1 of Part 1
Meaning of “nuclear site” etc. and “person with control”
General interpretation of Chapter 1 of Part 1
Nuclear transfer schemes
Transfers of publicly owned assets
Transfers with the consent of the transferor
Recovery of property from private ownership
Undertakings given by the Secretary of State
Extinguishment of BNFL losses for tax purposes
Further provision applying to transferee companies
Pensions
Taxation
Supplementary powers of the Secretary of State, the NDA and the UKAEA
Duty to assist the Secretary of State
Interpretation of Chapter 2 of Part 1
The Civil Nuclear Police Authority
The Civil Nuclear Constabulary
Members of the Constabulary
Jurisdiction of Constabulary
Exercise of powers and privileges in Scotland
Exercise of functions in relation to children under the Scottish age of criminal responsibility
Stop and search under Terrorism Act 2000
Government, administration and conditions of service
Members of Constabulary serving with other forces
Charges
Planning and reports
Inspection
Civil Nuclear Police Federation
Trade union membership
Application of offences etc. applying to constables
Minor amendments relating to the Constabulary
Nuclear transfer scheme for UKAEA Constabulary
Interpretation of Chapter 3 of Part 1
Transfer of authorisations
Applications for variation of authorisations
Periodic reviews of authorisations
Consequential amendments of the 1993 Act
Amendments for giving effect to international obligations
Regulation of equipment, software and information
Application of the 1965 Act to Northern Ireland
Expenditure on nuclear related matters
Additional functions of UKAEA
Part 2 — Sustainability and Renewable Energy Sources
Offences relating to safety zones
2 years imprisonment- Unauthorised entry or activity in offshore safety zones Any Person
Further provision relating to public rights of navigation
Amended 6 timesApplication of civil aviation regulations to renewable energy installations
Amended 1 timeAmendments of 1989 Act consequential on Chapter 2 of Part 2
Amended 5 timesOther amendments consequential on Chapter 2 of Part 2
Amended 4 timesInterpretation of Chapter 2 of Part 2
Amended 2 timesRequirement to prepare decommissioning programmes
Amended 5 timesSection 105 notices: supplemental
Amended 5 timesApproval of decommissioning programmes
Amended 3 timesFailure to submit or rejection of decommissioning programmes
Amended 2 timesOther duties (1) — Crown / regulator
- Secretary of State may prepare and charge for a decommissioning programme Crown / Minister / Government department
Reviews and revisions of decommissioning programmes
Amended 4 timesOther duties (1) — Crown / regulator
- Secretary of State must review and can modify decommissioning programmes Crown / Minister / Government department
Carrying out of decommissioning programmes
2 years imprisonment Amended 2 times- Carry out offshore decommissioning exactly as approved Any Person
Default in carrying out decommissioning programmes
Amended 2 timesProtection of funds held for purposes of decommissioning
Amended 2 timesSection 110A: supplemental
Amended 2 timesRegulations about decommissioning
2 years imprisonment Amended 4 times- Breach decommissioning regulations for offshore energy installations Any Person
Duty to inform appropriate Minister
Unlimited fine Amended 4 times- Fail to notify the Minister of responsibility for offshore energy assets Any Person
Power of appropriate Minister to require information and documents
2 years imprisonment Amended 4 times- Fail to provide information regarding offshore decommissioning Any Person
Offences relating to decommissioning programmes
2 years imprisonment Amended 1 time- Fail to comply with offshore decommissioning requirements Director or Officer
Interpretation of Chapter 3 of Part 2
Amended 3 timesDischarge of renewables obligation in Great Britain by payment
Amended 2 timesIssue of green certificates in Great Britain
Amended 4 timesUse of green certificates issued in Northern Ireland
Amended 2 timesDistributions to Northern Ireland suppliers
Amended 2 timesSupplementary provision relating to renewables obligation in Great Britain
Amended 2 timesIssue of green certificates in Northern Ireland
Amended 1 timeGEMA’s power to act on behalf of Northern Ireland regulator
Amended 4 timesGEMA ’s power to act on behalf of Northern Ireland regulator in issuing guarantees of origin of renewables electricity
Amended 4 timesConsultation in relation to Northern Ireland renewables orders
Amended 1 timeModification of conditions of Northern Ireland electricity licences
Amended 1 timeImposition of renewable transport fuel obligations
Amended 1 timeAppointment of the Administrator
Amended 1 timeGeneral functions of the Administrator
Amended 1 timeFunctions of the Administrator: supplementary
Amended 1 timeTransfer of functions to new Administrator
Amended 1 timeDeterminations of amounts of transport fuel
Amended 1 timeRenewable transport fuel certificates
Amended 1 timeDischarge of obligation by payment
Amended 1 time- Pay a sum to the Administrator to discharge fuel obligations Any Person
Imposition of civil penalties
Amended 2 timesObjections to civil penalties
Amended 1 timeAppeals against civil penalties
Amended 1 timeDisclosure of information held by Revenue and Customs
Amended 1 timeFurther disclosure of information
Amended 1 timeWrongful disclosure
2 years imprisonment Amended 1 time- Wrongfully disclose tax or customs information Any Person
Recycled carbon fuel and nuclear-derived fuel
Amended 1 timeInterpretation of Chapter 5 of Part 2
Amended 14 timesBrowse 18 other sections in this Part — procedural / definitional / commencement
Reports under section 1 of Sustainable Energy Act 2003
Microgeneration
Sustainable development
Exploitation of areas outside the territorial sea for energy production
Application of criminal law to renewable energy installations etc.
Prosecutions
Application of civil law to renewable energy installations etc.
Orders in Council under ss. 85 and 87
Activities offshore requiring 1989 Act licences
Modification of licence conditions for offshore transmission and distribution
Extension of transmission licences offshore
Competitive tenders for offshore transmission licences
Consents for generating stations offshore
Application of regulations under 1989 Act offshore
Safety zones around renewable energy installations
Prohibited activities in safety zones
Supplementary provisions relating to offences under s. 97
Navigation
Part 3 — Energy Regulation
“New trading and transmission arrangements”
Amended 1 timePower to modify licence conditions
Amended 1 timeAlteration of transmission activities requiring licence
Amended 2 timesTransmission licences
Amended 1 timeNew standard conditions for transmission licences
Amended 9 timesConversion of existing transmission licences
Amended 1 timeProperty arrangements schemes
Amended 1 timeInterpretation of Chapter 1 of Part 3
Amended 1 timeAmendments consequential on Chapter 1 of Part 3
Amended 1 timeTransition
Amended 1 timeOperators of electricity interconnectors to be licensed
Amended 4 timesStandard conditions for electricity interconnectors
Amended 6 timesConsequential amendments of the 1989 Act
Amended 1 timeGrant of electricity interconnector licences to existing operators
Amended 1 timeOperators of gas interconnectors to be licensed
Amended 6 timesStandard conditions for gas interconnectors
Amended 4 timesDisapplication of existing regimes
Amended 1 timeGrant of gas interconnector licences to existing operators
Amended 1 timeExtraterritorial application of Gas Act 1986
Amended 1 timeEnergy administration orders
Amended 2 timesObjective of an energy administration
Amended 1 timeApplications for energy administration orders
Amended 1 timeOther duties (1) — Crown / regulator
- Secretary of State must notify relevant parties of energy administration apps Crown / Minister / Government department
Powers of court
Amended 1 timeEnergy administrators
Amended 1 time- Energy administrator must manage company for quick and efficient resolution Director or Officer
Conduct of administration, transfer schemes etc.
Amended 5 timesRestrictions on winding-up orders
Amended 1 timeRestrictions on voluntary winding up
Amended 1 timeRestrictions on making of ordinary administration orders
Amended 1 timeRestrictions on administrator appointments by creditors etc.
Amended 1 timeRestrictions on enforcement of security
Amended 1 timeGrants and loans
Amended 1 timeIndemnities
Amended 4 timesGuarantees where energy administration order is made
Amended 1 timeModifications of particular or standard conditions
Amended 1 timeLicence conditions to secure funding of energy administration
Amended 1 timeModification of Chapter 3 of Part 3 under Enterprise Act 2002
Amended 5 timesInterpretation of Chapter 3 of Part 3
Amended 11 timesAnnual report on security of energy supplies
Amended 4 timesOther duties (1) — Crown / regulator
- Secretary of State must publish annual reports on energy supply security Crown / Minister / Government department
Appeals to the CMA
Amended 8 timesProcedure on appeals
Amended 4 timesDetermination of appeals
Amended 6 timesOther duties (1) — Crown / regulator
- CMA must determine energy appeals and provide reasoned decisions Tribunal / Court
Specialist members of Competition Commission
Amended 2 timesModifications of standard conditions for funding appeals and references
Amended 2 timesDuty to have regard to best regulatory practice
Amended 1 timeMeaning of electricity supply
Amended 3 timesMeaning of “high voltage line”
Amended 3 timesPrepayment meters
Amended 1 timeAdditional inspectors
Amended 1 timeExclusion of confidential information from registers
Amended 1 timeAssistance for areas with high distribution costs
Amended 2 timesOther duties (1) — Crown / regulator
- Secretary of State must review high-cost electricity distribution schemes Crown / Minister / Government department
Adjustment of transmission charges
Amended 7 timesRestrictions on disclosure of information
Amended 1 timePayments of sums raised by fossil fuel levy
Amended 1 timeOther duties (1) — Crown / regulator
- Scottish Ministers must fund renewable energy from fossil fuel levy proceeds Crown / Minister / Government department
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 4 — Miscellaneous and Supplemental
Power to impose charges to fund energy functions
Amended 16 timesPower to modify Petroleum Act 1998
Amended 1 timeApplication of general duties to Part 3 functions etc.
Amended 2 timesSupplementary provision about licence condition powers
Amended 2 timesPowers exercisable by statutory instrument
Amended 8 timesService of notifications and other documents
Amended 2 timesNotifications and documents in electronic form
Amended 2 timesTiming and location of things done electronically
Amended 2 timesGeneral interpretation
Amended 9 timesRepeals etc.
Amended 9 timesBrowse 1 other section in this Part — procedural / definitional / commencement
Schedules
Procedural requirements applicable to NDA’s strategy
Other duties (1) — Crown / regulator
- NDA must review and submit nuclear decommissioning strategies for approval Statutory regulator
Planning and reports about Constabulary
Other duties (1) — Crown / regulator
- Civil Nuclear Police Authority must publish annual and three-year strategy plans Statutory regulator
Conduct of energy administration
Unlimited fine- Fail to notify stakeholders of revised energy administration proposals Any Person
Procedure for appeals under section 173
- Apply for permission to appeal an energy decision Any Person
Conversion of existing transmission licences: licensing scheme
Other duties (1) — Crown / regulator
- Secretary of State must consult before changing transmission licences Crown / Minister / Government department
Browse 18 other Schedules — structural / supplementary
The Nuclear Decommissioning Authority
Procedural requirements applicable to NDA’s annual plans
Supplemental taxation provisions for exempt activities
Structure etc. of transferee companies
Pensions
Taxation provisions relating to nuclear transfer schemes
Minor amendments relating to Constabulary
Applications and proposals for notices under section 95
Consequential amendments relating to Chapter 1 of Part 3
Energy transfer schemes
Supplementary provisions about nuclear transfer schemes
Finances and accounts of transferee companies
The Civil Nuclear Police Authority
Removal and suspension of senior officers of Constabulary
Directions by Secretary of State about Constabulary
Amendments of 1993 Act
Property arrangements schemes
Repeals
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Offshore renewable energy: decommissioning guidance for Scottish waters (opens in a new tab) Publication
- Offshore electricity generating stations: applying for consent (opens in a new tab) Detailed Guidance
- Offshore Wind Leasing Round 5 (opens in a new tab) Other
- ScotWind Leasing Round (opens in a new tab) Other
- Scottish Government offshore wind guidance (opens in a new tab) Detailed Guidance
- Apply for a Development Consent Order (opens in a new tab) Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Ofgem
PrimaryOffice of Gas and Electricity Markets
Regulates gas and electricity markets in Great Britain. Issues licences for generation, transmission, distribution, and supply. Protects consumers and promotes competition. Also …
North Sea Transition Authority
Licenses and regulates the UK oil and gas, offshore hydrogen, and carbon storage industries. Issues petroleum production licences and CO2 storage licences. …
Manages Crown land and seabed around England, Wales, and Northern Ireland. Grants leases for offshore wind farms, tidal, and wave energy projects. …
Manages Crown land and seabed in Scottish waters. Grants leases for offshore wind farms under ScotWind and INTOG leasing rounds. Separate from …
Office for Nuclear Regulation
Independent regulator for nuclear safety and security. Issues nuclear site licences. Regulates nuclear installations, transport, and safeguards.
Connected legislation
7 statutory instruments
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Secondary legislation (7)
- The Electricity (Offshore Generating Stations) (Safety Zones) (Application Procedures and Control of Access) (Amendment) (Wales) Regulations 2019 2019
- The Energy Act 2004 (Amendment) Regulations 2012 2012
- The Energy Act 2004 (Assistance for Areas with High Distribution Costs) (Amendment) Order 2020 2020
- The Energy Act 2004 (Assistance for Areas with High Distribution Costs) (Amendment) Order 2023 2023
- The Energy Act 2004 (Commencement No. 10) Order 2010 2010
- The Energy Act 2004 (Commencement No. 11) Order 2014 2014
- The Energy Act 2004 (Designation of Publicly Owned Companies) (Revocation) Order 2014 2014
Explore more
Browse legislation
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Regulators
Learn more about the bodies that enforce this legislation.