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UK Act of Parliament
2008
United Kingdom
Energy Act 2008
At a glance
Enforced by
What's here
26 compliance obligations, 4 practical guides · 2 journeys · 42 statutory instruments
Penalty landscape
12 of 26 obligations carry up to 2 years imprisonment. 3 carry different penalties and 11 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 16
- Licence Holder 1
- Operator 1
- Director or Officer 1
Plus 7 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
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Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Mentioned in related content
4 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 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Licence Holders also bound by 221 other Acts (top 5 shown)
- Petroleum (Current Model Clauses) Order 1999 1999 317 duties
- The Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 2004 123 duties
- Human Medicines Regulations 2012 2012 76 duties
- Space Industry Regulations 2021 2021 68 duties
- The Petroleum (Production) (Landward Areas) Regulations 1991 1991 65 duties
Operators also bound by 730 other Acts (top 5 shown)
- Regulation (EU) No 965/2012 (Air Operations) 2012 138 duties
- Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 2018 121 duties
- Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 2012 112 duties
- Space Industry Regulations 2021 2021 75 duties
- Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 2016 66 duties
Directors and Officers also bound by 425 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 161 duties
- Companies Act 2006 2006 108 duties
- Insolvency Act 1986 1986 72 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
- The Housing Administration (England and Wales) Rules 2018 2018 26 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 — Gas Importation and Storage
Offences relating to licences
Unlimited fine- Breach energy licence conditions or give false information Any Person
Failure to comply with a direction under section 10
Unlimited fine- Fail to comply with regulator's direction Any Person
Prohibition on unlicensed activities
- Obtain a licence for carbon dioxide storage and exploration Any Person
Offence to carry on unlicensed activities
2 years imprisonment- Operate without a required licence Any Person
Offences relating to licences
2 years imprisonment- Breach licence conditions or record‑keeping duties Any Person
Failure to comply with a direction under section 24
2 years imprisonment- Fail to comply with a direction under the Energy Act Any Person
Requirement for public register
Other duties (1) — Crown / regulator
- Secretary of State must maintain a public register of energy licences Crown / Minister / Government department
Cooperation with economic regulator
Other duties (1) — Crown / regulator
- Licensing authorities must assist and inform carbon storage regulators Local authority
Browse 35 other sections in this Part — procedural / definitional / commencement
Exploitation of areas outside the territorial sea for gas importation and storage
Prohibition on unlicensed activities
Exception for activities carried on partly on land etc
Exception for unloading to an installation in certain circumstances
Licences
Applications
Terms and conditions
Model clauses
Offence to carry on unlicensed activities
OGA 's power of direction
Injunctions restraining breaches of section 2(1)
Inspectors
Criminal proceedings
Interaction with the petroleum licensing requirements
Chapter 2: interpretation
Licences
Requirements relating to grant of licences
Terms and conditions
Content of licences: regulations
Licensing authority's power of direction
Injunctions restraining breaches of section 17(1)
Inspectors
Criminal proceedings
OGA’s power to require information about change in control of licence holder
Abandonment of installations
Change of use relief for certain installations
Change of use relief: carbon storage network pipelines
Relief under sections 30A and 30B: supplementary
Termination of licence: regulations
Safety zones
Enhanced petroleum recovery: power to make orders
Power of Secretary of State etc to transfer functions
Information sharing with economic regulator
Chapter 3: interpretation
Chapters 2 and 3: consequential amendments
Part 2 — Electricity from renewable sources
Browse 8 other sections in this Part — procedural / definitional / commencement
The renewables obligation
Section 37: supplemental provision
Existing savings relating to section 32 of the Electricity Act 1989
The Northern Ireland renewables obligation
Power to amend licence conditions etc: feed-in tariffs
Power to amend licence conditions etc: procedure
Feed-in tariffs: supplemental
Offshore electricity transmission
Part 3 — Decommissioning of energy installations
Costs incurred in considering proposed programmes
- Pay fees for the review of your decommissioning proposal Any Person
Prohibition on use of site in absence of approved programme
2 years imprisonment- Use nuclear site without approved programme Any Person
Procedure for modifying approved programme
- Pay fee for decommissioning programme modification proposals Operator
Time when modification takes effect
Other duties (1) — Crown / regulator
- Secretary of State must specify when decommissioning changes take effect Crown / Minister / Government department
Offence to fail to comply with approved programme
2 years imprisonment- Fail to comply with approved decommissioning programme Any Person
Offence of further disclosure of information
2 years imprisonment- Unauthorised further disclosure of regulated information Any Person
Offence of supplying false information
2 years imprisonment- Supply false or misleading information to the Secretary of State Any Person
Provision of information to Secretary of State
2 years imprisonment- Fail to comply with information notice from the Secretary of State Any Person
Information about decommissioning of wells
2 years imprisonment- Fail to comply with a de‑commissioning notice for a well Any Person
Browse 24 other sections in this Part — procedural / definitional / commencement
Duty to submit a funded decommissioning programme
Approval of a programme
Modification of approved programme
Power to disapply section 49
Provision of information and documents
Power to review operation of programme
Nuclear decommissioning: regulations and guidance
Funded decommissioning programmes: verification of financial matters
Protection of security under approved programme
Secretary of State's power of direction
Restriction on prosecutions under this Chapter
Power to apply this Chapter to other nuclear installations
Co-operation with other public bodies
Continuity of obligations
Amendment of Nuclear Installations Act 1965
Disposal of hazardous material
Meaning of “ associated ”
Meaning of “associated”: supplementary
Interpretation
Decommissioning notices relating to offshore renewable energy installations
Security for decommissioning obligations
Persons who may be required to submit abandonment programmes
Financial resources etc
Protection of abandonment funds from creditors
Part 4 — Provisions relating to oil and gas
Transfers without the consent of the Secretary of State
2 years imprisonment- Unauthorised disclosure of petroleum licence transfer information Any Person
Modification of pipelines
Unlimited fine- Fail to comply with a pipeline modification notice Any Person
Browse 5 other sections in this Part — procedural / definitional / commencement
Part 4A — Works detrimental to navigation
Determination of applications for consent under section 82A
Other duties (1) — Crown / regulator
- Secretary of State must determine navigation consent applications Crown / Minister / Government department
Offences relating to consents
2 years imprisonment- Make false statements or omit information to obtain consent Any Person
Browse 16 other sections in this Part — procedural / definitional / commencement
Restriction of works detrimental to navigation
Applications for consent under section 82A
Authorised exploration or exploitation operations: consent conditions
Secretary of State's power of direction
Damage to, or changes in, the works: emergency safety notices
Emergency safety notices: supplementary provisions
Failure to comply with condition: immediate action notice
Carrying out operation without consent etc
Failure to comply with direction under section 82E
Failure to comply with notice under section 82F or 82H
Injunctions restraining breaches of section 82A(1)
Inspectors
Criminal proceedings
Fees
Power to extend the application of this Part
Interpretation of this Part
Part 5 — Miscellaneous
Section 84: procedure
Other duties (1) — Crown / regulator
- Secretary of State must consult and publish energy licence modifications Crown / Minister / Government department
Regulations under section 91A(1): further provision
Other duties (1) — Crown / regulator
- Ofgem must follow strict tender and conflict-of-interest rules for smart meters Statutory regulator
Power under section 91C: procedure
Other duties (1) — Crown / regulator
- Ofgem must consult and notify before modifying energy licences Statutory regulator
Renewable heat incentives
Amended 18 timesSecurity of sensitive nuclear information
Amended 2 timesBrowse 19 other sections in this Part — procedural / definitional / commencement
Duties of the Gas and Electricity Markets Authority
Power to amend licence conditions etc: transmission systems
Section 84: supplemental
Energy reports
Power to amend licence conditions etc: smart meters
Power to amend licence conditions etc: procedure
Smart meters: supplemental
Licensing of activities relating to smart meters
Grant of smart meter communication licences
Power of Gas and Electricity Markets Authority to amend licence conditions etc
Gas meters
Section 92: consequential amendments
Power to amend licence conditions: gas
Electricity meters
Section 95: consequential amendments
Power to amend licence conditions: electricity
Costs connected with making an offer of connection
Electricity safety
Application of general duties to functions relating to licences
Part 6 — General
Offences by bodies corporate etc
2 years imprisonment Amended 1 time- Personal liability for directors and officers for company energy offences Director or Officer
Subordinate legislation
Amended 3 timesParliamentary control of subordinate legislation
Amended 9 timesMinor and consequential amendments
Amended 5 timesRepeals
Amended 4 timesTransitional provision etc
Amended 1 timeExtent
Amended 2 timesBrowse 4 other sections in this Part — procedural / definitional / commencement
Schedules
Petroleum licences: amendments to model clauses
- Provide and update contact details for petroleum license communications Licence Holder
Browse 61 other Schedules — structural / supplementary
Smart meters: licensable activities
Repeals
Amendments relating to Chapters 2 and 3 of Part 1
The Food and Environment Protection Act 1985 is amended as...
In section 30 (persons who may be required to submit...
In section 44 (offshore installations)— (a) in subsection (3), after...
In section 47A (factors for the Secretary of State to...
In section 188 of the Energy Act 2004 (power to...
In section 7A (regulation of deposits made in the sea:...
In section 24 (interpretation)— (a) in subsection (1), after the...
(1) Section 21 of the Petroleum Act 1987 (automatic establishment...
In Article 3(1) of the Gas (Northern Ireland) Order 1996...
The Petroleum Act 1998 is amended as follows.
In section 11 (application of civil law)—
In section 13 (interpretation of Part 2), after the existing...
In section 28 (interpretation of Part 3), in the definition...
Property schemes
(1) Schedule 3 to the Petroleum (Production) (Landward Areas) Regulations...
(1) Part 2 of Schedule 10 (seaward production licences) is...
(1) Part 2 of Schedule 11 (seaward exploration licences) is...
(1) Part 2 of Schedule 12 (landward exploration licences) is...
(1) Part 2 of Schedule 13 (landward appraisal licences) is...
(1) Part 2 of Schedule 14 (landward development licences) is...
This Part of this Schedule amends the Petroleum Licensing (Exploration...
(1) Schedule 1 (exploration licences) is amended as follows.
(1) Schedule 2 (frontier areas: production licences without break clause)...
(1) Schedule 3 (frontier areas: production licences with break clause)...
(1) Schedule 4 (production licences for areas other than frontier...
This Part of this Schedule contains amendments to the Petroleum...
(1) Schedule 6 (exploration and development licences) is amended as...
(1) Part 2 of Schedule 2 (seaward production licences) is...
(1) Part 2 of Schedule 3 (landward production licences) is...
(1) Part 2 of Schedule 4 (landward production licences) is...
(1) Part 2 of Schedule 5 (seaward production licences) is...
(1) Part 2 of Schedule 6 (seaward production licences) is...
(1) Part 2 of Schedule 8 (landward development licences) is...
(1) Part 2 of Schedule 9 (seaward production licences) is...
After section 41H of the Gas Act 1986 (c. 44),...
After section 56F of the Electricity Act 1989 (c. 29)...
Minor and consequential amendments
In section 54 of the Pipe-lines Act 1962 (offences by...
In section 34 (revision of programmes)— (a) in subsection (2)(a),...
In section 45 (interpretation), in the definition of “submarine pipeline”...
The Utilities Act 2000 is amended as follows.
In section 33 (standard conditions of electricity licences), in subsection...
In section 81 (standard conditions of gas licences), in subsection...
In section 105 (general restrictions on disclosure of information)—
The Energy Act 2004 is amended as follows.
Omit section 105(9) (power to require provision of information in...
Omit section 107(5) to (7) (power to require provision of...
In section 132 (interpretation of Chapter 5 of Part 2),...
In section 64(2) of the Gas Act 1986 (orders) after...
In section 185 (adjustment of transmission charges), in subsection (14),...
In Schedule 13 (directions given to the Civil Nuclear Police...
In section 25 of the Electricity Act 1989 (orders for...
In section 47 of that Act (general functions of the...
In section 106 of that Act (regulations and orders), after...
In section 106(2)(b) of that Act (regulations and orders) for...
The Petroleum Act 1998 is amended as follows.
In section 5(9) (alteration of licences) for “an instrument under...
In section 31(1) (notices: supplementary provision) omit “(d) or”.
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Spent fuel management | Office for Nuclear Regulation (opens in a new tab) from ONR Detailed Guidance
- Boiler Upgrade Scheme Privacy Notice - Property Owners | Ofgem (opens in a new tab) from Ofgem Detailed Guidance
- Boiler Upgrade Scheme Privacy Notice - Installers | Ofgem (opens in a new tab) from Ofgem Detailed Guidance
- Licence assignments (opens in a new tab) from NSTA Detailed Guidance
- Gas storage and unloading (opens in a new tab) from NSTA Detailed Guidance
- Carbon Storage Licensing (opens in a new tab) Other
- Crown Estate Scotland - Marine Works (opens in a new tab) Other
- Crown Estate - On the Seabed (opens in a new tab) Other
- NSTA Licensing and Consents Overview (opens in a new tab) Other
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 …
Offshore Petroleum Regulator for Environment and Decommissioning
Regulates environmental aspects of offshore oil and gas, carbon storage, and gas unloading/storage. Issues environmental permits, approves oil spill response plans, and …
Connected legislation
42 statutory instruments
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Secondary legislation (42)
- The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015 2015
- The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 2018
- The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2020 2020
- The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2021 2021
- The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2022 2022
- The Domestic Renewable Heat Incentive Scheme Regulations 2014 2014
- The Energy Act 2008 (Commencement No. 5) Order 2010 2010
- The Energy Act 2008 (Commencement No. 6) Order 2014 2014
- The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 2010
- The Feed-in Tariffs (Amendment) (Coronavirus) (No. 2) Order 2020 2020
- The Feed-in Tariffs (Amendment) (Coronavirus) Order 2020 2020
- The Feed-in Tariffs (Amendment) (No. 2) Order 2014 2014
- The Feed-in Tariffs (Amendment) (No. 2) Order 2015 2015
- The Feed-in Tariffs (Amendment) (No. 3) Order 2015 2015
- The Feed-in Tariffs (Amendment) Order 2013 2013
+ 27 more statutory instruments
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Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.