The Energy Act 2023 (Consequential Amendments) Regulations 2024 (the regulations) were laid before the UK Parliament on the 13 May 2024.
These regulations are made under section 330 of the Energy Act 2023. These are enabling powers that the Senedd did not consent to. Notwithstanding that, now that these provisions are on the statute book we are committed to ensuring they are exercised responsibly.
The regulations make amendments that are consequential to the implementation of the Energy Act 2023. The Energy Act 2023 makes provision about energy production and security and the regulation of the energy market and the establishment of an independent, public corporation responsible for planning Britain’s electricity and gas networks and operating the electricity system – the National Energy System Operator (NESO). The purpose of the Regulations is to make consequential amendments to implement the 2023 Act and in particular for the establishment of the NESO which includes a singular necessary amendment to the definition of licence holders in the Environment (Wales) Act 2016.
The establishment of the NESO will provide greater clarity for planning the electricity and gas networks and operating the electricity system. This minor and consequential amendment proposed is necessary to clarify, in legislative terms, which of the National Grid ESO’s and National Gas Transmission’s powers, rights, and duties the NESO will or will not inherit and does not in itself introduce any policy change which would impact on devolved areas.
I have laid a Statutory Instrument Consent Memorandum in respect of these regulations, given the change to the Environment (Wales) Act 2016 is, for the purposes of Standing Order 30A, within the legislative competence of the Senedd. I have laid the memorandum in accordance with the requirement under Standing Order 30A. I consider the regulations to be a relevant statutory instrument because they make provisions in relation to Wales amending primary legislation within the legislative competence of the Senedd, which is not an incidental, consequential, transitional, transitory, supplementary or savings provision relating to matters that are not within the legislative competence of the Senedd.
