The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013

• Citation: S.I. 2013/2696
• Sections: 9

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013 and come into force on 25th November 2013.

(2) These Regulations extend to Great Britain.

(3) Subject to regulation 8, these Regulations do not apply in England.

Section 2 Interpretation

(1) In these Regulations—

“the 1990 Act” means the Town and Country Planning Act 1990;

“the 2008 Act” means the Planning Act 2008 ;

“ the 2024 Act ” means the Infrastructure (Wales) Act 2024;

“appropriate authority” means—

in relation to a combustion plant in England and Wales, the Secretary of State; and

in relation to a combustion plant in Scotland, the Scottish Ministers;

“CCR assessment”, in relation to a combustion plant, means an assessment as to whether the CCR conditions are met in relation to that plant;

“CO 2 ” means carbon dioxide;

“combustion plant” means any technical apparatus in which fuels are oxidised in order to use the heat thus generated, but does not include the types of plant listed in points (a) to (j) of Article 28 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast) ;

“consent order” means an order granting development consent within the meaning of section 31 of the 2008 Act;

“devolved combustion plant” means a combustion plant in Wales with a related electrical output of between 300 and 350 megawatts;

“ infrastructure consent ” means a consent required by section 19 of the 2024 Act;

“ infrastructure consent order ” means an order under the 2024 Act granting infrastructure consent;

“local planning authority” and “planning permission” have the meanings given in section 336 of the 1990 Act;

“relevant consent order” means a consent order—

for the construction of a combustion plant with a rated electrical output of 300 megawatts or more; or

for a relevant extension;

“ relevant infrastructure consent order ” means an infrastructure consent order—

for the construction of a devolved combustion plant; or

for a relevant extension;

“relevant extension” means an extension to a combustion plant which will have the effect of increasing the rated electrical output of the plant to 300 megawatts or more;

“ relevant planning authority ” means in relation to—

consent required by section 19 of the 2024 Act, the Welsh Ministers;

planning permission required under the 1990 Act, the local planning authority;

“relevant planning permission” means a planning permission or infrastructure consent —

for the construction of a devolved combustion plant; or

for an extension or alteration to a combustion plant in Wales which will have the effect of increasing the rated electrical output of the plant to between 300 and 350 megawatts;

“relevant section 36 consent” means a section 36 consent—

for the construction of a combustion plant with a rated electrical output of 300 megawatts or more; or

for a relevant extension;

“section 36 consent” means a consent under section 36 of the Electricity Act 1989 ; and

“storage site” has the meaning given by Article 3 of Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide .

(2) For the purposes of these Regulations, the CCR conditions are met in relation to a combustion plant, if, in respect of all of its expected emissions of CO 2 —

(a) suitable storage sites are available;

(b) it is technically and economically feasible to retrofit the plant with the equipment necessary to capture that CO 2 ; and

(c) it is technically and economically feasible to transport such captured CO 2 to the storage sites referred to in sub-paragraph (a).

Section 3 Development consent: determination of carbon capture readiness and requirements to be imposed where CCR conditions are met

(1) The Secretary of State must not make a relevant consent order unless the Secretary of State has determined whether the CCR conditions are met in relation to the combustion plant to which the consent order relates.

(2) The Secretary of State’s determination under paragraph (1) must be made on the basis of—

(a) a CCR assessment of the combustion plant prepared by the person who made the application for the relevant consent order; and

(b) any other available information, particularly concerning the protection of the environment and human health.

(3) If the Secretary of State—

(a) determines that the CCR conditions are met in relation to a combustion plant; and

(b) decides to make a relevant consent order in respect of that plant,

the Secretary of State must include a requirement in the relevant consent order that suitable space is set aside for the equipment necessary to capture and compress all of the CO 2 that would otherwise be emitted from the plant.

(4) In this regulation, in the case of a consent order for a relevant extension, references to a “combustion plant” are references to that plant as extended.

Section 4 Changes to development consent orders and infrastructure consent orders : determination of carbon capture readiness and requirements to be imposed where CCR conditions are met

(1) The Secretary of State must not—

(a) change a consent order in respect of a combustion plant with a rated electrical output of less than 300 megawatts in such a way as to enable the plant to have a rated electrical output of 300 megawatts or more; or

(b) change a relevant consent order in such a way as to enable a combustion plant to increase its rated electrical output,

unless the Secretary of State has determined whether the CCR conditions are met in relation to the combustion plant, as constructed or extended in accordance with the consent order as so changed (“the modified plant”) (but see paragraph (1A)) .

(1A) The Welsh Ministers must not—

(a) change a consent order or an infrastructure consent order in respect of a combustion plant in Wales with a rated electrical output of less than 300 megawatts in such a way as to enable the plant to have a rated electrical output of between 300 and 350 megawatts; or

(b) change a relevant consent order or an infrastructure consent order in respect of a devolved combustion plant in such a way as to enable a combustion plant to increase its rated electrical output to a maximum of 350 megawatts,

unless the Welsh Ministers have determined whether the CCR conditions are met in relation to the combustion plant, as constructed or extended in accordance with the consent order or an infrastructure consent order as so changed (“the modified plant”).

(2) The Secretary of State’s determination under paragraph (1) and the Welsh Ministers’ determination under paragraph (1A) must be made on the basis of—

(a) a CCR assessment of the modified plant prepared by—

(i) where an application was made for the consent order to be changed, the person who made the application;

(ii) the operator of the combustion plant; or

(iii) a person who intends to operate the combustion plant; and

(b) any other available information, particularly concerning the protection of the environment and human health.

(3) If the Secretary of State—

(a) determines under paragraph (1) that the CCR conditions are met in relation to a combustion plant; and

(b) decides to—

(i) change a consent order in respect of that plant in the way described in paragraph (1)(a); or

(ii) change a relevant consent order in respect of that plant in the way described in paragraph (1)(b),

the Secretary of State must ensure that the consent order (as changed) includes a requirement that suitable space is set aside for the equipment necessary to capture and compress all of the CO 2 that would otherwise be emitted from the plant.

(3A) If the Welsh Ministers—

(a) determine under paragraph (1A) that the CCR conditions are met in relation to a combustion plant; and

(b) decide to—

(i) change a consent order or a relevant infrastructure consent order in respect of that plant in the way described in paragraph (1A)(a); or

(ii) change a relevant consent order or a relevant infrastructure consent order in respect of that plant in the way described in paragraph (1A)(b),

the Welsh Ministers must ensure that the consent order (as changed) or infrastructure consent order (as changed) includes a requirement that suitable space is set aside for the equipment necessary to capture and compress all of the CO 2 that would otherwise be emitted from the plant.

(4) In this regulation, “change” means to make a change using the powers conferred by Schedule 6 to the 2008 Act .

Section 5 Section 36 consent: determination of carbon capture readiness and conditions to be imposed where CCR conditions are met

(1) The appropriate authority must not grant a relevant section 36 consent unless the appropriate authority has determined whether the CCR conditions are met in relation to the combustion plant to which the section 36 consent relates.

(2) The appropriate authority’s determination under paragraph (1) must be made on the basis of—

(a) a CCR assessment of the combustion plant prepared by the person who made the application for the relevant section 36 consent; and

(b) any other available information, particularly concerning the protection of the environment and human health.

(3) If the appropriate authority—

(a) determines that the CCR conditions are met in relation to a combustion plant; and

(b) decides to grant a relevant section 36 consent in respect of that plant,

it must include in the relevant section 36 consent a condition that suitable space is set aside for the equipment necessary to capture and compress all of the CO 2 that would otherwise be emitted from the plant.

(4) In this regulation, in the case of a section 36 consent for a relevant extension, references to a “combustion plant” are references to that plant as extended.

Section 6 Variations of section 36 consents: determination of carbon capture readiness and conditions to be imposed where CCR conditions are met

(1) The appropriate authority must not—

(a) vary a section 36 consent in respect of a combustion plant with a rated electrical output of less than 300 megawatts in such a way as to enable the plant to have a rated electrical output of 300 megawatts or more; or

(b) vary a relevant section 36 consent in such a way as to enable a combustion plant to increase its rated electrical output,

unless the appropriate authority has determined whether the CCR conditions are met in relation to the combustion plant, as constructed or extended in accordance with the section 36 consent as so varied (“the modified plant”).

(2) The appropriate authority’s determination under paragraph (1) must be made on the basis of—

(a) a CCR assessment of the modified plant prepared by the person who applied for the section 36 consent to be varied; and

(b) any other available information, particularly concerning the protection of the environment and human health.

(3) If the appropriate authority—

(a) determines that the CCR conditions are met in relation to a combustion plant; and

(b) decides to—

(i) vary a section 36 consent in respect of that plant in the way described in paragraph (1)(a); or

(ii) vary a relevant section 36 consent in respect of that plant in the way described in paragraph (1)(b),

it must ensure that the section 36 consent (as varied) includes a condition that suitable space is set aside for the equipment necessary to capture and compress all of the CO 2 that would otherwise be emitted from the plant.

(4) In this regulation, “vary” means to make a variation under section 36C of the Electricity Act 1989 .

Section 6A Applications for planning permission and infrastructure consent : determination of carbon capture readiness and requirements to be imposed where CCR conditions are met

(1) The relevant planning authority must not grant a relevant planning permission unless the relevant planning authority has determined whether the CCR conditions are met in relation to the combustion plant to which the planning permission or infrastructure consent relates.

(2) The relevant planning authority’s determination under paragraph (1) must be made on the basis of—

(a) a CCR assessment of the combustion plant prepared by the person who made the application for the relevant planning permission; and

(b) any other available information, particularly concerning the protection of the environment and human health.

(3) If the relevant planning authority—

(a) determines that the CCR conditions are met in relation to a combustion plant; and

(b) decides to grant a relevant planning permission in respect of that plant,

the relevant planning authority must include a requirement in the relevant planning permission that suitable space is set aside for the equipment necessary to capture and compress all of the CO 2 that would otherwise be emitted from the plant.

(4) In this regulation, in the case of a planning permission or infrastructure consent for an extension to a combustion plant which will have the effect of increasing the rated electrical output of the plant to between 300 and 350 megawatts, references to a “combustion plant” are references to that plant as extended.

Section 7 Review

Before 30th November 2018, the Secretary of State must—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

Section 8 Savings

(1) Regulation 1(3) does not affect the continued operation on and after the relevant day of any of the following requirements or conditions imposed in relation to a combustion plant in England—

(a) a requirement included, as required by regulation 3(3), in a relevant consent order made before the relevant day;

(b) a requirement included before the relevant day, as required by regulation 4(3), in a consent order or relevant consent order;

(c) a condition included, as required by regulation 5(3), in a relevant section 36 consent granted before the relevant day;

(d) a condition included before the relevant day, as required by regulation 6(3), in a section 36 consent or relevant section 36 consent.

(2) These Regulations continue to have effect on and after the relevant day in relation to any existing application as they had effect immediately before that date.

(3) For the purposes of paragraph (2) “ existing application ” means any of the following applications which was made in relation to a combustion plant in England, but had not been finally determined, before the relevant day—

(a) an application for a relevant consent order;

(b) an application for a change described in regulation 4(1)(a) to a consent order or in regulation 4(1)(b) to a relevant consent order;

(c) an application for a relevant section 36 consent;

(d) an application for a variation described in regulation 6(1)(a) of a section 36 consent or in regulation 6(1)(b) of a relevant section 36 consent.

(4) For the purposes of paragraph (3) an application has not been finally determined unless—

(a) following a decision on the application, the period for bringing an appeal against that decision has expired without any such appeal being brought, or

(b) where an appeal is brought against the decision, the appeal is withdrawn or finally decided.

(5) In this regulation, “ the relevant day ” means the day on which the Environmental Permitting (Electricity Generating Stations) (Amendment) Regulations 2025 come into force.