The Energy Act 2023 (Commencement No. 4) Regulations 2025

Published: Wed 12th Nov 25

These Regulations, made by the Secretary of State under the powers in the Energy Act 2023, specify that provisions of that Act will commence on 2nd December 2025; specifically, Regulation 2 brings into force the remaining parts of Section 304, which amends the Nuclear Installations Act 1965 to establish a pathway for excluding specific installations used for disposing of nuclear matter from the existing nuclear third party liability regime.

Arguments For

  • Implementing changes to nuclear liability frameworks by bringing Section 304 of the Energy Act 2023 into force, which modifies the exclusion criteria for certain nuclear disposal sites under the Nuclear Installations Act 1965.

  • Providing regulatory certainty for the energy sector, particularly regarding the management and legal status of nuclear matter disposal sites.

Arguments Against

  • The staggered commencement of various sections of the 2023 Act may create temporary complexity in understanding which legal provisions are active at any given time.

  • Introducing or modifying exclusion routes from the nuclear third party liability regime could alter risk allocation and compensation mechanisms related to nuclear incidents.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 334(1) of the Energy Act 2023.

Citation1.

These Regulations may be cited as the Energy Act 2023 (Commencement No. 4) Regulations 2025.

Provision coming into force on 2nd December 20252.

Section 304 of the Energy Act 2023 (excluded disposal sites) comes into force on 2nd December 2025, insofar as it is not already in force.
Vallance
Minister of State
Department for Energy Security and Net Zero 
Explanatory Note
(This note is not part of the Regulations)

These Regulations bring into force on 2nd December 2025 specified provisions of the Energy Act 2023 (c. 52) (“the Act”). These are the fourth set of commencement regulations under the Act.

Regulation 2 brings into force the remaining provisions of section 304, amending the Nuclear Installations Act 1965 (c. 57) to create a route by which certain installations for the disposal of nuclear matter can be excluded from the nuclear third party liability regime established by that Act.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS
(This note is not part of the Regulations)

The following provisions of the Energy Act 2023 have been brought into force by commencement Regulations made before the date of these Regulations.

Provision

Date of Commencement

S.I. No.

Sections 103 to 106

11th January 2024

S.I. 2024/32

Section 156

10th September 2024

S.I. 2024/890

Sections 161 to 165

31st January 2024

S.I. 2024/32

Section 166(1)

31st January 2024

S.I. 2024/32

Section 166(2)

1st October 2024

S.I. 2024/957

Section 166(3) to (10)

31st January 2024

S.I. 2024/32

Section 167

31st January 2024

S.I. 2024/32

Section 168(1)

31st January 2024

S.I. 2024/32

Section 168(2)

1st October 2024

S.I. 2024/957

Section 168(3) to (5)

31st January 2024

S.I. 2024/32

Sections 171 to 173

31st January 2024

S.I. 2024/32

Sections 176 to 179

31st January 2024

S.I. 2024/32

Sections 182 to 201

10th September 2024

S.I. 2024/890

Section 209

10th September 2024

S.I. 2024/890

Sections 238 to 249

11th January 2024

S.I. 2024/32

Sections 267 to 289

11th January 2024

S.I. 2024/32

Sections 296 to 298

11th January 2024

S.I. 2024/32

Section 299(1) and (2)

11th January 2024

S.I. 2024/32

Sections 300 and 301

11th January 2024

S.I. 2024/32

Section 302

10th September 2024

S.I. 2024/890

Section 304(3)(partially)3

11th January 2024

S.I. 2024/32

Section 310

31st January 2024

S.I. 2024/32

Schedule 6

11th January 2024

S.I. 2024/32

Schedule 11 paragraphs 1 and 2

1st October 2024

S.I. 2024/957

Schedule 11 paragraph 3

31st January 2024

S.I. 2024/32

Schedule 11 paragraphs 4 and 5

1st October 2024

S.I. 2024/957

Schedule 11 paragraphs 6, 7 and 8

31st January 2024

S.I. 2024/32

Schedule 12

10th September 2024

S.I. 2024/890

Schedule 13

10th September 2024

S.I. 2024/890

Schedule 14

10th September 2024

S.I. 2024/890

Schedule 19

11th January 2024

S.I. 2024/32

Schedule 20

11th January 2024

S.I. 2024/32

Schedule 21

11th January 2024

S.I. 2024/32

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