Legislation – Energy Act 2023

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 2Carbon dioxide capture, storage etc and hydrogen production, transport and storage

Chapter 3Strategy and policy statement

102Procedural requirements

(1)

This section sets out the requirements that must be satisfied in relation to a statement before the Secretary of State may designate it as the CCUS strategy and policy statement.

(2)

In this section references to a statement include references to a statement as amended following a review under section 101(6)(a).

(3)

The Secretary of State must first—

(a)

prepare a draft of the statement, and

(b)

issue the draft to the required consultees for the purpose of consulting them about it.

(4)

The “required consultees” are—

(a)

the economic regulator,

(b)

the Scottish Ministers,

(c)

the Department for the Economy in Northern Ireland, and

(d)

the Welsh Ministers.

(5)

The Secretary of State must then—

(a)

make such revisions to the draft as the Secretary of State considers appropriate as a result of responses to the consultation under subsection (3)(b), and

(b)

issue the revised draft for the purposes of further consultation about it to the required consultees and to such other persons as the Secretary of State considers appropriate.

(6)

The Secretary of State must then—

(a)

make any further revisions to the draft that the Secretary of State considers appropriate as a result of responses to the consultation under subsection (5)(b), and

(b)

prepare a report summarising those responses and the changes (if any) that the Secretary of State has made to the draft as a result.

(7)

In relation to required consultees within subsection (4)(b) to (d), references in subsections (3)(b) and (5)(b) to consultation about a draft are to consultation about the draft so far as it relates—

(a)

in the case of the Scottish Ministers, to Scottish devolved matters;

(b)

in the case of the Department for the Economy in Northern Ireland, to Northern Ireland devolved matters;

(c)

in the case of the Welsh Ministers, to Welsh devolved matters.

(8)

References in this section to relating to Scottish devolved matters, Northern Ireland devolved matters or Welsh devolved matters are to be interpreted in accordance with section 101(14).

(9)

The Secretary of State must lay before Parliament—

(a)

the statement as revised under subsection (6)(a), and

(b)

the report prepared under subsection (6)(b).

(10)

The statement as laid under subsection (9)(a) must have been approved by a resolution of each House of Parliament before the Secretary of State may designate it as the strategy and policy statement under section 99.

(11)

The requirement under subsection (3)(a) to prepare a draft of a statement may be satisfied by preparation carried out before, as well as preparation carried out after, the passing of this Act.