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Statutory Instruments

2017 No. 108 (C. 11)

Electricity

The Infrastructure Act 2015 (Commencement No. 6 and Savings) Regulations 2017

Made

6th February 2017

The Secretary of State, in exercise of the powers conferred by section 57(7)(c) and (11) of the Infrastructure Act 2015(1), makes the following Regulations:

Citation and interpretation

1.—(1) These Regulations may be cited as the Infrastructure Act 2015 (Commencement No. 6 and Savings) Regulations 2017.

(2) In these Regulations—

“the 2015 Act” means the Infrastructure Act 2015;

“EA 1989” means the Electricity Act 1989(2); and

“first connection” has the meaning given in paragraph 1 of Schedule 5B to EA 1989(3).

Provision coming into force on 6th April 2017

2.  Section 52 of the 2015 Act (reimbursement of persons who have met expenses of making electrical connections) comes into force on 6th April 2017.

Savings

3.  Despite the coming into force of section 52(2)(a) and (5)(a) of the 2015 Act—

(a)section 19(2) and (3) of EA 1989(4) shall remain in force on and after 6th April 2017 for the purpose of making regulations which apply in cases where a first connection was made before that date;

(b)any regulations made in exercise of the powers in section 19(2) and (3) of EA 1989 which are in force immediately before 6th April 2017 shall remain in force on and after that date (unless revoked by further regulations under those subsections) in so far as they apply in cases where a first connection was made before that date; and

(c)where regulations under section 19(2) of EA 1989 are in force by virtue of sub-paragraph (a) or (b), section 16A(5)(b) of EA 1989(5) shall have effect as if the words “or regulations under section 19(2)” had not been repealed.

Jesse Norman

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

6th February 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations commence section 52 of the Infrastructure Act 2015 (reimbursement of persons who have met expenses of making electrical connections) on 6th April 2017.

A savings provision provides for regulations made under subsections (2) and (3) of section 19 of the Electricity Act 1989 (which are repealed by section 52(2)(a) of the Infrastructure Act 2015) to remain in force on and after 6th April 2017 in so far as they apply where a first connection to an electricity distribution network was made before 6th April 2017, and for the Secretary of State to continue to have power to make further regulations under those subsections in relation to such cases.

An impact assessment of the costs that section 52 of the Infrastructure Act 2015 will have on business and the voluntary sector has been produced, and copies are available from the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Infrastructure Act 2015 have been brought into force by commencement regulations made before the date of these Regulations:

ProvisionDate of CommencementS.I. No.
Part 1, so far as not already in force5th March 20152015/481 (C. 26)
Part 231st July 20152015/1543 (C. 88)
Section 23, so far as it relates to England12th April 20152015/481 (C. 26)
Sections 24 and 25, so far as they relate to England5th March 20152015/481 (C. 26)
Part 4, so far as it relates to Wales12th April 20152015/990 (W. 67) (C. 67)
Section 2612th April 20152015/758 (C. 41)
Section 28, so far as not already in force14th July 20152015/758 (C. 41)
Sections 41 and 4212th April 20152015/481 (C. 26)
Section 50 (partially)30th July 20152015/157 (C. 90)
Section 50, so far as not already in force6th April 20162016/455 (C. 23)
Schedule 712th April 20152015/481 (C. 26)
(3)

Schedule 5B is inserted by section 52(3) of the 2015 Act.

(4)

Section 19(2) was substituted and section 19(3) was amended by the Utilities Act 2000 (c. 27), section 46.

(5)

Section 16A was inserted by the Utilities Act 2000, section 44, and amended by the Energy Act 2008 (c. 32), section 98.