Energy

SI Title

Laid Date

Policy Area

Summary

Feed-in Tariffs and Contracts for Difference (Amendment) (EU Exit) Regulations 2018

23/07/18

Energy

The Feed-in Tariff (FIT) and Contracts for Difference (CFD) schemes support the deployment of low-carbon electricity generation in GB. Both schemes are funded through a compulsory levy on electricity suppliers in proportion to their share of the GB supply market. The relevant legislation sets out certain criteria which electricity supplied in GB must satisfy in order to be excluded for the purposes of calculating an individual supplier's liability in respect of the costs of the schemes (subject in each case to a cap on the total amount of electricity capable of being excluded for these purposes). In the case of both schemes one of those requirements is for the electricity to be generated in a member State of the European Union   ˜other than the United Kingdom'. The UK ceasing to be a member State of the European Union will result in references to the UK as a   ˜member State' being out of date. This instrument amends the relevant legislation to remove what would otherwise be outdated references to the UK as a member State of the European Union. These Regulations do not alter the operation of the FIT or CFD schemes or the means by which they are funded and do not impose any new liabilities or obligations on any relevant persons.

Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations 2018

31/08/18

Energy

This instrument amends the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 and the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations (Northern Ireland) 2003 (together, the GOO Regulations) in consequence of the United Kingdom's withdrawal from the EU. The GOO Regulations provide for the Gas and Electricity Markets Authority (in Great Britain) and the Northern Ireland Authority for Utility Regulation (in Northern Ireland) to issue guarantees of origin ( GOOs) in respect of renewable electricity generated in the UK, when requested to do so by generators. The GOO Regulations also require public bodies in Great Britain and in Northern Ireland (1) to recognise GOOs issued in both part of the UK and GOOs issued in other member States of the EU (EU GOOs) unless the public body is requested not to do so by the issuing authority or is satisfied that there is a good reason to doubt the accuracy, reliability or veracity of the GOO; (2) to notify the European Commission if the public body decides not to recognise a EU GOO; and (3) to comply with Commission decisions about whether an EU GOO should be recognised. After the UK leaves the EU, the European Commission will have no jurisdiction in respect of the UK. Accordingly, the Commission will no longer have a role in the recognition of EU GOOs by UK public authorities, and this should be made clear in the GOO Regulations.

Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018

05/09/18

Energy

This instrument partially amends four EU Regulations relating to electricity and gas to correct deficiencies arising from the United Kingdom's exit from the EU. It amends provisions of each Regulation which confer powers on the European Commission to make tertiary legislation, substituting powers for authorities in the United Kingdom to make regulations by statutory instrument.

Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration (Amendment) (EU Exit) Regulations

17/10/18

Energy

This instrument amends the Guarantees of Origin of Electricity Produced from High efficiency Cogeneration Regulations 2007 and the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations (Northern Ireland) 2008 (together, the GOO Regulations) in consequence of the United Kingdom's withdrawal from the EU. The GOO Regulations provide for the Secretary of State for Business, Energy and Industrial Strategy (in Great Britain) and the Department for the Economy (in Northern Ireland) to issue GOOs in respect of electricity from high-efficiency cogeneration in the UK, when requested to do so. Public bodies in Great Britain and Northern Ireland are required to recognise guarantees of origin issued in both parts of the UK, and those issued in accordance with the Energy Efficiency Directive by EU Member States, unless requested not to by the issuing body or where satisfied that there is good reason to doubt the accuracy, reliability or veracity of the GOO. Where a public body decides not to recognise a GOO issued in a Member State, the public body must notify the European Commission and in the event of a refusal the Commission may require the public body to recognise it, under Article 14(10) of the Energy Efficiency Directive. When the United Kingdom leaves the EU, it will no longer be appropriate for the European Commission to be able to require public bodies in the United Kingdom to recognise GOOs issued in EU Member States. This instrument gives effect to this.

Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018

15/11/18

Energy

The Instrument will fix certain provisions that would not work or remain appropriate   ˜post-exit' within nine sets of existing legislation in relation to: (i) onshore and offshore oil and gas licensing; (ii) offshore oil and gas developments including pipe-lines; (iii) onshore pipe-lines; (iv) major offshore and onshore electricity works developments (i.e. generation stations and overhead lines); and (v) the stockholding of oil.

CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018

22/11/18

Energy

The purpose of this statutory instrument is to amend the CRC Energy Efficiency Order 2013 (S.I. 2013/1119) as amended by various instruments, and as saved by the provisions of S.I. 2018/841 ( the CRC Order) to address legal inoperabilities that arise from the withdrawal of the United Kingdom from the European Union taken together with the operation of other provisions made under the European Union (Withdrawal) Act 2018.

Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018

22/11/18

Energy

The purpose of this statutory instrument is to amend the Energy Savings Opportunity Scheme Regulations 2014 (S.I. 2014/1643 as amended,   ˜the ESOS Regulations') to address deficiencies that arise from the withdrawal of the United Kingdom from the European Union taken together with the operation of other provisions made under the European Union (Withdrawal) Act 2018.

Renewables Obligation (Amendment) (EU Exit) Regulations 2018

27/11/18

Energy

This instrument is being made under the European Union (Withdrawal) Act 2018 in order to make minor and technical changes to UK secondary legislation relating to the Renewables Obligation (RO) scheme for England and Wales, for Scotland and for Northern Ireland, to correct deficiencies arising from the withdrawal of the UK from the European Union.

Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019

17/12/18

Energy

This instrument (the amending instrument) is one of a package of statutory instruments that will ensure that legislation governing the UK's energy systems will function effectively in the event that the UK leaves the European Union ( ˜EU') without a withdrawal agreement in place. It makes modifications to Regulation (EU) No 1227/2011 on wholesale energy market integrity and transparency (REMIT), Commission Implementing Regulation (EU) No 1348/2014 (the REMIT Implementing Regulation) and Regulation (EU) No 543/2013 on submission and publication of data in electricity markets (the Transparency Regulation) in order to ensure that they are operable when incorporated into domestic law by the European Union (Withdrawal) Act 2018. It also amends domestic legislation which confers investigation and enforcement powers on the energy regulators in relation to breaches of REMIT requirements.

Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019

17/12/18

Energy

This instrument is one of a package of statutory instruments that will ensure that legislation governing the UK's energy systems will function effectively if the UK leaves the European Union ( ˜EU') without a withdrawal agreement in place. It amends a range of primary and secondary law, of both domestic and European origin, to address inoperabilities caused by the UK's exit from the EU. Most notably this instrument will remove inoperabilities from the Gas Act 1986 and Electricity Act 1989, which apply in Great Britain; the Gas (Northern Ireland) Order 1996 and Electricity (Northern Ireland) Order 1992 which apply in Northern Ireland; and the EU's Electricity and Gas Regulations; which together form the legislative core of the UK's electricity and gas market regulatory frameworks. In addition, this instrument and several other Acts, Regulations and Orders will remove inoperabilities from related secondary legislation and revoke a number of EU regulations and decisions which will become retained EU law.

Electricity Network Codes and Guidelines (Markets and Trading) (Amendment) (EU Exit) Regulations 2019

17/12/18

Energy

This instrument is one of a package of statutory instruments that will ensure that legislation governing the UK's energy systems will function effectively in the event that the UK leaves the European Union ( ˜EU') without a withdrawal agreement in place. It amends two retained EU regulations relating to the cross-border trade of electricity to ensure that they will function effectively once incorporated in domestic law by the European Union (Withdrawal) Act 2018. It further revokes two retained EU regulations on the grounds that they would be inoperable if incorporated into domestic law.

Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) Regulations 2019

17/12/18

Energy

This instrument is one of a package of statutory instruments that will ensure that legislation governing the UK's energy systems will function effectively in the event that the UK leaves the European Union ( ˜EU') without a withdrawal agreement in place. It amends two retained EU regulations relating to electricity system operation to ensure that they will function effectively once incorporated in domestic law by the European Union (Withdrawal) Act 2018. It further revokes three retained EU regulations on the grounds that they would be inoperable if incorporated into domestic law.

Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019

17/12/18

Energy

This instrument is one of a package of statutory instruments that will ensure that legislation governing the UK's energy systems will function effectively if the UK leaves the European Union ( ˜EU') without a withdrawal agreement in place. On 29 March 2019, the European Union (Withdrawal) Act 2018 will incorporate directly applicable EU legislation into UK law. In response, this instrument amends five pieces of retained EU law relating to energy to correct or remove inoperable provisions. Specifically, this piece of legislation amends Regulation (EU) No 2017/1938 of the European Parliament and the Council concerning measures to safeguard the security of gas supply (hereafter   ˜the Security of Gas Supply Regulation') in order to ensure that it is operable when incorporated into domestic legislation. It also amends provisions of four pieces of directly applicable EU tertiary legislation (collectively, the network codes), namely Commission Regulation (EU) 2015/703 establishing a network code on Interoperability and Data Exchange Rules ( ˜INT'), Commission Regulation 2017/460 establishing a network code on Harmonised Transmission Tariff Structures for Gas ( ˜TAR'), Commission Regulation 312/2014 establishing a network code on Balancing of Transmission Networks ( ˜BAL') and Commission Regulation (EU) 2017/459 establishing a network code on Capacity Allocation Mechanisms in Gas Transmission Systems ( ˜CAM') (gas transmission systems being the gas pipeline system and associated facilities designed for transporting gas).

The Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

04/06/19

Energy

This instrument amends the Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/533) and will help ensure that legislation governing the UK  s energy systems will function effectively in the event that the UK leaves the European Union ( ˜EU  ) without a withdrawal agreement in place on 31 October 2019. It ensures that three Commission Regulations for electricity connection codes become retained EU law. These codes did not apply in full before an exit date of 29 March 2019 but they will now apply in full before exit as a result of the Article 50 extension to 31 October 2019.  The Requirements for Generators (RfG) is established by Commission Regulation (EU) 2016/631 and will become retained direct EU law in full as it has a compliance date of 27 April 2019. The Demand Connection Code (DCC) is established by Commission Regulation (EU) 2016/1388 and will become retained direct EU law in full as it has a compliance date of 17 August 2019. The High Voltage Direct Current (HVDC) code is established by Commission Regulation (EU) 2016/1447 and will become retained direct EU law in full as it has a compliance date of 26 August 2019.

Gas Tariffs Code (Amendment) (EU Exit) Regulations 2019

10/07/19

Energy

The purpose of the instrument is to deal with deficiencies arising from the United Kingdom  s withdrawal from the European Union. It does this by making amendments to Schedule 5 of the Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531) ( the 2019 Regulations). The 2019 Regulations make amendments to Commission Regulation (EU) 2017/460 which establishes a network code on harmonised transmission tariff structures for gas ( TAR). This instrument is required as a result of changes to what will be retained EU law on exit day as a consequence of the postponement of exit day beyond 31 May 2019, the date from which Chapters II, III and IV of TAR apply.

Energy Efficiency (Building Renovation and Reporting) (Amendment) Regulations 2020

03/06/20

Energy

The purpose of this instrument is to insert new requirements into the Energy Efficiency (Building Renovation and Reporting) Regulations 2014, transposing three articles (Articles 2a, 10(6) and 20(2)) contained within Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (the Energy Performance of Buildings Directive or EPBD). This SI is required to ensure the UK fulfils its obligations under the Withdrawal Agreement to transpose EU law into domestic statute until the end of the Transition Period. This instrument will expire on the last day of the Transition Period.

Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020

22/06/20

Energy

This instrument is required to ensure that the United Kingdom ( ˜UK  ) has a functioning statute book at the end of the implementation period ( ˜IP  ) should the UK not reach a further agreement with the EU, or should any agreement not cover the relevant policy area. It amends six EU exit statutory instruments which amended a range of primary and secondary legislation, of both domestic and European origin, to ensure Great Britain ( ˜GB  ) and Northern Ireland  s ( ˜NI  ) energy systems remained operable once the UK left the EU.

Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration and Renewables Obligation (Amendment) (EU Exit) Regulations 2020

30/06/20

Energy

This instrument amends the references to 'exit day' in the Guarantees of Origin of Electricity Produced from High-Efficiency Cogeneration (Amendment) (EU Exit) Regulations 2018 ( the 2018 Guarantees of Origin SI) and the Renewables Obligation (Amendment) (EU Exit) Regulations 2019 ( the 2019 Renewables Obligation SI), to ensure that the drafting intent of these regulations is preserved, following the United Kingdom  s withdrawal from the EU.

Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020

13/10/20

Energy

This SI fixes deficiencies in retained EU Ecodesign and Energy Labelling legislation to ensure that this law remains fully operable in the UK after the end of the transition period. With regards to energy labels specifically, some of the requirements apply during the transition period (and will become retained EU law) and some of the requirements apply after the transition period (and will not form part of retained EU law). This SI makes fixes to address this. Secondly, this SI amends the Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 ( the first EU Exit SI  ) to take into account changes made to EU Ecodesign and Energy Labelling legislation since the first EU Exit SI was laid. Thirdly, this SI will implement the Northern Ireland Protocol (NI Protocol) and deliver unfettered access for qualifying NI goods on the GB market. To ensure full legislative implementation of the NI Protocol, it amends the first EU Exit SI and underlying legislation so that certain UK-wide provisions are limited to GB only and bespoke fixes for Northern Ireland (NI) are implemented where necessary. EU Ecodesign and Energy Labelling Regulations will continue to apply directly in NI after the transition period. Finally, this SI will account for labelling and marking requirements from the end of the transition period. It limits the recognition of CE marking to 12 months from 1 January 2021. In addition, it ensures that energy labels bear the UK flag and text from 1 January 2021 in place of the EU flag and any EU language text.

Energy Information (Amendment) Regulations 2020

02/11/20

Energy

The purpose of this instrument is to amend the table at paragraph 1 of Schedule 1 of the Energy Information Regulations 2011 (the 2011 Regulations). This table lists the EU energy labelling measures that currently have effect, and that can therefore be enforced by the UK market surveillance authorities (MSAs) under the 2011 Regulations. This instrument adds to the table new energy labelling measures coming into force from 1 November 2020 pursuant to Commission Delegated Regulations made under the EU Energy Labelling Framework Regulation (EU) 2017/1369. Transitional provisions in most of the new Commission Delegated Regulations came into force on the 25 December 2019 to allow manufacturers to make the product information sheet available through the EU product database (EPREL), but the substantive provisions relating to the design of the labels and the information they provide come into force on 1 November 2020 or 1 March 2021. This instrument will provide MSAs with the legal basis to enforce new energy labelling requirements for: household washer-dryers, household washing machines, household dishwashers, household refrigerating appliances and electronic displays. This instrument will not be in force by the 1 November 2020, and so there will be an enforcement gap of a few weeks. However, as products take many months to go through product design, testing and distribution, and energy labels are prepared well in advance of sale, the risk that companies may take advantage of this temporary lack of enforcement is very low.

Heat Network (Metering and Billing) (Amendment) Regulations 2020

06/11/20

Energy

This instrument amends the existing Heat Network (Metering and Billing) Regulations 2014 (S.I. 2014/3120) (as amended by S.I. 2015/855) (the Regulations) which originally transposed heat network metering and billing requirements of Directive 2012/27/EU (the Energy Efficiency Directive (EED)). The amendments ensure that metering devices which measure consumption of heating, cooling or hot water by each final customer are installed in buildings where it is technically feasible and cost-effective to do so, and ensure that compliance with the metering and billing requirements of the Regulations is enforced. This instrument extends mandatory billing and meter accuracy requirements to all customers in buildings where metering devices are installed.

Electricity and Gas (Internal Markets) (No. 2) Regulations 2020

01/12/20

Energy

This instrument modifies electricity licence conditions in order to implement and address matters arising out of, or related to, the entry into force of Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity (recast) (the œElectricity Directive). It also modifies gas licence conditions in a limited way to ensure that the relevant aspects of the billing regime are consistent across electricity and gas.

Renewable Energy, Energy Efficiency and Motor Fuel Emissions (Miscellaneous Amendments) (EU Exit) Regulations 2021

18/03/21

Energy

This instrument remedies deficiencies arising in the following EU-derived domestic legislation as a result of EU Exit: a) The Renewable Transport Fuel Obligations Order 2007 as amended (SI 2007/3072) (the 'RTFO Order'); b) The Promotion of the Use of Energy from Renewable Sources Regulations 2011 (SI 2011/243) (the 'PUERS Regulations'); c) The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012 as amended (SI 2012/3030) (the 'Motor Fuel Regulations'); d) Energy Efficiency (Building Renovation and Reporting) Regulations 2014 (SI 2014/952) (the 'Building Renovation and Reporting Regulations'); e) Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014 (SI 2014/1403) (the 'Encouragement, Assessment and Information Regulations'

The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021

08/03/21

Energy

This draft SI substitutes for the draft of the same name that was laid on 11 February 2021. This instrument is being made as part of the legislative effort to establish a United Kingdom ('UK') Emissions Trading Scheme ('ETS') and accompanying emission allowance market. The UK ETS was established by the Greenhouse Gas Emissions Trading Scheme Order 2020 - it is a UK-wide greenhouse gas emissions trading scheme to encourage cost-effective emissions reductions which will contribute to the UK'™s emissions reduction targets and net zero goal. This instrument is being introduced to parliament now so that it will be in force before the first UK emission allowances are auctioned later this year. This instrument updates existing UK provisions to reflect that the UK is no longer part of the EU ETS but has now established the UK ETS. The holding of a UK auction of emissions allowances will, if approved by Parliament, be governed by the Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021. This instrument is specifically concerned with amendments to financial services law that govern access to a UK ETS auction platform, what is required of an auction platform, and the auctioning and trading of emissions allowances as financial instruments. The auction platform of the UK ETS is the service that allows emitters and financial intermediaries to bid on and purchase UK emission allowances via periodic auctions. These allowances are then surrendered for the purposes of emitting greenhouse gases. As part of the ETS design, the number of available allowances will decrease year-onyear. The Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 establish in law how these auctions function in the UK ETS. This instrument ensures the appropriate regulatory treatment of UK emission allowances, which includes replacing references to EU emissions allowances with references to UK emissions allowances or adding references to UK emissions allowances to existing references to EU emissions allowances (such as in relation to emissions allowances listed in paragraph 11 of Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001).

Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2021

08/06/21

Energy

This instrument deals with matters arising out of, or related to, the Northern Ireland Protocol ('NIP') by extending the application of EU-derived legislation that regulates carbon dioxide (CO2) emissions from new passenger cars ('cars') and new light commercial vehicles ('vans') in Great Britain ('GB') to Northern Ireland, in effect creating a United Kingdom ('UK') wide regime.

 Updated 23 June 2021 

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