UK Act of Parliament
2016
United Kingdom
Energy Act 2016
At a glance
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
1 guidesWhat 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 OGA
Browse 16 other sections in this Part — procedural / definitional / commencement
The OGA
Transfer of functions to the OGA
Transfer of property, rights and liabilities to the OGA
Transfer of staff to the OGA
Transfer schemes: supplementary
Pensions
Contracting out of functions to the OGA
Matters to which the OGA must have regard
Directions: national security and public interest
Directions: requirements to notify Secretary of State
Power of Secretary of State to require information and samples
Powers of the OGA to charge fees
Levy on licence holders
The licensing levy: regulations
Payments and financial assistance
Review of OGA and guidance from Secretary of State
Part 2 — Further functions of the OGA relating to offshore petroleum
Browse 53 other sections in this Part — procedural / definitional / commencement
Overview of Part 2
Interpretation of Part 2
Qualifying disputes and relevant parties
Reference of disputes to the OGA
Action by the OGA on a dispute reference
Power of the OGA to consider disputes on its own initiative
Procedure for consideration of disputes
Power of the OGA to acquire information
Power of the OGA to require attendance at meetings
Appeals against decisions of the OGA: disputes
Petroleum-related information and samples
Retention of information and samples
Retention: supplementary
Information and samples plans: termination of rights under offshore licences
Preparation and agreement of information and samples plans
Changes to information and samples plans
Information and samples plans: supplementary
Power of the OGA to require information and samples
Information and samples coordinators
Appeals against decisions of the OGA: information and samples plans
Meetings: interpretation
Duty to inform the OGA of meetings
Participation by the OGA in meetings
Provision of information to the OGA after meetings
Notices
Power of OGA to give sanction notices
Enforcement notices
Financial penalty notices
Amount of financial penalty
Payment of financial penalty
Revocation notices
Operator removal notices
Duty of OGA to give sanction warning notices
Appeals in relation to sanction notices
Appeals against finding of failure to comply
Appeals against sanction imposed
Publication of details of sanctions
Subsequent sanction notices
Withdrawal of sanction notices
Alternative means of enforcement
Sanctions: information powers
Appeals against information requests
Procedure for enforcement decisions
Sanctions: interpretation
Prohibition on disclosure
Meaning of “protected material” and related terms
Disclosure by OGA to certain persons
Disclosure required for returns and reports prepared by OGA
Disclosure in exercise of certain OGA powers
Disclosure after specified period
Disclosure with appropriate consent
Disclosure required by legislation
Disclosure for purpose of proceedings
Part 3 — Infrastructure and Information
Browse 6 other sections in this Part — procedural / definitional / commencement
Requirements to provide information
Applications to use infrastructure: changes of applicant and owner
Abandonment of offshore installations
Duty to act in accordance with strategy: decommissioning and alternatives
Part 1A of the Petroleum Act 1998: Northern Ireland
International oil and gas agreements: information exchange
Part 4 — Fees
Browse 2 other sections in this Part — procedural / definitional / commencement
Powers to charge fees
Validation of fees charged
Part 5 — Wind power
Browse 4 other sections in this Part — procedural / definitional / commencement
Part 6 — Final Provisions
Browse 4 other sections in this Part — procedural / definitional / commencement
Schedules
Browse 94 other Schedules — structural / supplementary
The Energy Act 1976 is amended as follows.
Omit section 9D.
(1) Section 9E (security and resilience functions) is amended as...
(1) Section 9F (producing and revising a strategy) is amended...
(1) Section 9G (procedure for producing and revising a strategy)...
In section 14(1) (construction and use of pipelines), for “Secretary...
In section 15 (authorisations), for “Secretary of State” (in each...
In section 16 (compulsory modifications of pipelines), for “Secretary of...
(1) Section 17 (acquisition of rights to use pipelines) is...
(1) Section 17F (acquisition of rights to use controlled petroleum...
(1) Section 17G (section 17F: supplemental) is amended as follows....
(1) Section 12 (disposal of gas by flaring, etc) is...
(1) Section 17GA (controlled petroleum pipeline subject to Norwegian access...
(1) Section 17GB (section 17GA: supplemental) is amended as follows....
(1) Section 18 (termination of authorisations) is amended as follows....
(1) Section 19 (vesting of pipelines on termination or subsequent...
(1) Section 20 (inspectors etc) is amended as follows.
(1) Section 21 (enforcement) is amended as follows.
In section 25 (orders and regulations), for subsection (1) substitute—...
In section 28(1) (interpretation of Part 3), for the definition...
In section 45A (abandoned wells), for “Secretary of State” (in...
In section 46(1) (Northern Ireland and Isle of Man shares...
After section 12 insert— Disposal of gas by flaring, etc:...
(1) Section 47A (factors to take into account) is amended...
In section 48 (interpretation), after subsection (1) insert—
(1) Schedule 2 (authorisations) is amended as follows.
(1) Paragraph 4 is amended as follows.
(1) Paragraph 5 is amended as follows.
In paragraph 6, for “Secretary of State” (in both places)...
In paragraph 7— (a) for “Secretary of State” (in each...
(1) Paragraph 8 is amended as follows.
(1) Paragraph 9 is amended as follows.
In paragraph 10— (a) for “Secretary of State” (in each...
(1) Section 18 (administration, enforcement and offences) is amended as...
(1) Section 188 of the Energy Act 2004 (power to...
The Energy Act 2008 is amended as follows.
In section 4(1) (licences), for “Secretary of State” substitute “...
(1) Section 5 (applications) is amended as follows.
In section 6 (terms and conditions), for “Secretary of State”...
(1) Section 7 (model clauses) is amended as follows.
(1) Section 9 (offences relating to licences) is amended as...
In section 10 (power of direction), for “Secretary of State”...
In section 12 (injunctions restraining breaches of section 2(1)), for...
(1) Section 13 (inspectors) is amended as follows.
In section 21 (interpretation), after the definition of “natural gas”...
In section 14(5) (proceedings for offence created by regulations under...
In section 15 (interaction with petroleum licensing requirements), for “Secretary...
In section 16 (interpretation), at the end insert— “the OGA”...
In section 18(2) (licences: the licensing authority), for “Secretary of...
In section 19 (requirements relating to grant of licences), after...
In section 21 (content of licences: regulations), after subsection (2)...
In section 26 (injunctions restraining breaches of section 17(1)), for...
(1) Section 27 (inspectors) is amended as follows.
In section 28(5) (proceedings for offence created by regulations under...
In section 29 (requirement for public register) at the end...
The Petroleum Act 1998 is amended as follows.
In section 31 (termination of licences: regulations), after subsection (3)...
In section 33 (enhanced petroleum recovery: power to make orders),...
In section 35(1) (interpretation), after the definition of “offshore UK-controlled...
The Energy Act 2011 is amended as follows.
In section 82 (acquisition of rights to use upstream petroleum...
(1) Section 83 (power to give notice under section 82(11)...
In section 84 (compulsory modification of upstream petroleum infrastructure), for...
In section 85 (variation of notices under sections 82 and...
In section 86 (publication of notices and variations), for “Secretary...
In section 87 (powers to require information), for “Secretary of...
In section 9A(2) (principal objective and the strategy), for “Secretary...
(1) Section 88 (enforcement) is amended as follows.
In section 89 (minor, consequential and supplemental provision), for “Secretary...
In section 90(1) (interpretation), after the definition of “gas processing...
The Infrastructure Act 2015 is amended as follows.
Omit section 42 (levy on holders of certain energy industry...
In section 55(4)(b) (statutory instruments subject to affirmative procedure), omit...
Omit Schedule 7 (the licensing levy).
The Storage of Carbon Dioxide (Licensing etc) Regulations 2010 (S.I....
In regulation 1(3) (interpretation), in the definition of “the authority”,...
In regulation 3(1)(a) (applications for a licence), for “Department of...
In section 9B (exercise of certain functions)—
In paragraph 2(3)(a) of Schedule 1 (application for consent to...
In regulation 2(1) (interpretation) of the Offshore Petroleum Licensing (Offshore...
After section 9B insert— Exercise of certain functions of the...
Part 4 of the Petroleum Act 1998 (abandonment of offshore...
In section 40 (offences: penalties)— (a) after “section” insert “...
(1) Section 41 (offences: general) is amended as follows.
(1) Section 42 (validity of Secretary of State's acts) is...
(1) Section 30 of the Energy Act 2008 (abandonment of...
Before section 29 insert— Restriction on abandonment (1) A person to whom a notice may be given...
(1) Section 29 (preparation of programmes) is amended as follows....
(1) Section 32 (approval of programmes) is amended as follows....
In section 33 (failure to submit programme), after subsection (3)...
(1) Section 34 (revision of programmes) is amended as follows....
After section 34 insert— Amendment of programmes (1) This section applies where an abandonment programme approved by...
After section 36 insert— Reduction of costs of carrying out...
In section 37 (default in carrying out programmes), after subsection...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Renewables Obligation: Closure of the scheme to onshore wind in England, Scotland and Wales | Ofgem (opens in a new tab) from Ofgem Detailed Guidance
- Statutory Notice (opens in a new tab) from NSTA Detailed Guidance
- Flaring and venting (opens in a new tab) from NSTA Detailed Guidance
- Consents (opens in a new tab) from NSTA Detailed Guidance
- Regulatory Information - Asset Stewardship (opens in a new tab) from NSTA Detailed Guidance
- PON 9 (opens in a new tab) from NSTA Detailed Guidance
- Carbon storage (opens in a new tab) from NSTA Detailed Guidance
- NSTA: licensing (opens in a new tab) Detailed Guidance
- NSTA Legislative Context (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. …
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
3 statutory instruments
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Secondary legislation (3)
- The Energy Act 2016 (Commencement No. 4 and Transitory Provision) Regulations 2017 2017
- The Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018 2018
- The Oil and Gas Authority (Offshore Petroleum) (Retention of Information and Samples) Regulations 2018 2018
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Regulators
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