The Energy Act 2016 (Commencement No. 1 and Savings Provisions) Regulations 2016

• Citation: S.I. 2016/602
• Sections: 4

Section 1 Citation

These Regulations may be cited as the Energy Act 2016 (Commencement No. 1 and Savings Provisions) Regulations 2016.

Section 2 Provisions coming into force on the day after the day on which this instrument is made

The following provisions of the Energy Act 2016 come into force on the day after the day on which this instrument is made —

(a) subsection (4) of section 1 (the OGA),

(b) subsections (2) to (6) of section 2 (transfer of functions to the OGA), and

(c) subsections (3) and (4) of section 66 (disclosure after specified period).

Section 3 Provisions coming into force on 12 July 2016

The following provisions of the Energy Act 2016 come into force on 12th July 2016—

(a) subsections (1) to (3) of section 1 (the OGA),

(b) section 3 (transfer of property, rights and liabilities to the OGA),

(c) section 4 (transfer of staff to the OGA),

(d) section 5 (transfer schemes: supplementary),

(e) section 13 (levy on licence holders),

(f) section 14 (the licensing levy: regulations), and

(g) section 78 (onshore wind generating stations in England and Wales).

Section 4 Savings

(1) The coming into force of section 78 does not affect the continuing application of—

(a) section 36(1) of the Electricity Act 1989 (“the 1989 Act ”) ,

(b) section 36C of the 1989 Act (variation of consents under section 36) , and

(c) section 90 of the Town and Country Planning Act 1990 (deemed planning permission),

in the case of an onshore wind generating station in respect of which Condition 1 or Condition 2 is satisfied.

(2) Condition 1 is that consent under section 36(1) of the 1989 Act was granted before 1st March 2016.

(3) Condition 2 is that—

(a) an application for consent under section 36(1) of the 1989 Act was refused before 1st March 2016; and

(b) that decision is quashed by order of a court.