The Energy (Euratom Decisions and Miscellaneous Provisions) (Amendment and Revocation) Regulations 2025
The Energy (Euratom Decisions and Miscellaneous Provisions) (Amendment and Revocation) Regulations 2025 revoke 37 obsolete instruments, mostly related to the UK's former Euratom membership.
These regulations also revoke legacy transitional provisions concerning environmental assessments for electricity and pipeline works.
The changes simplify UK energy law, remove redundant provisions, and align the legal framework with the post-Brexit regulatory environment.
Arguments For
Streamlining Legislation: The revocation of obsolete instruments simplifies UK energy law, making it more efficient and easier to navigate. This reduces regulatory burden on businesses and government.
Removing Redundant Provisions: The regulations eliminate provisions that are no longer relevant or operable due to the UK's departure from the European Union and Euratom. This ensures the legal framework remains current and effective.
Legal Certainty: By explicitly revoking these instruments, the regulations provide legal certainty, preventing potential confusion or conflicts arising from outdated legislation. This improves clarity for stakeholders operating within the UK energy sector.
Alignment with Post-Brexit Framework: The revocation of Euratom-related instruments aligns UK energy law with the post-Brexit regulatory landscape, ensuring independence and control over domestic energy policy.
Arguments Against
Potential Unintended Consequences: Revoking numerous instruments simultaneously might have unforeseen impacts on existing processes or agreements. A thorough review is necessary to mitigate these risks.
Implementation Challenges: Efficiently removing and replacing aspects of the existing framework may require significant administrative effort and resources. Any transitional issues should be adequately dealt with.
Lack of Comprehensive Impact Assessment: The absence of a full impact assessment could lead to overlooking potential economic or social consequences associated with the removal of the legislation. This raises concerns about the preparedness for potential negative consequences.
Potential for Gaps in Law: Revocation of legal instruments could inadvertently create gaps in the legal framework that require additional legislation to address. Care must be taken to avoid such gaps to ensure proper regulatory oversight in the energy sector.
The Secretary of State makes these Regulations in exercise of the power conferred by section 14(1) of the Retained EU Law (Revocation and Reform) Act 2023 (“the Act”)1. The Secretary of State is a relevant national authority for the purposes of section 14(1) of the Act2. The requirements of paragraph 6(2) of Schedule 5 to the Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
The Secretary of State is authorized by the Retained EU Law (Revocation and Reform) Act 2023 to create these regulations.
The Secretary of State has the required authority to do so.
Parliament's procedural requirements were met.
- Citation and commencement (1) These Regulations may be cited as the Energy (Euratom Decisions and Miscellaneous Provisions) (Amendment and Revocation) Regulations 2025. (2) These Regulations come into force 21 days after the day on which they are made.
These regulations are officially titled the 'Energy (Euratom Decisions and Miscellaneous Provisions) (Amendment and Revocation) Regulations 2025'.
They will take effect three weeks after their enactment.
- Extent (1) Subject to paragraph (2), these Regulations extend to England and Wales, Scotland and Northern Ireland. (2) The revocation of an instrument or provision of an instrument by these regulations has the same extent as the instrument or provision to which the revocation relates.
These regulations apply across the UK (England, Wales, Scotland, and Northern Ireland).
The revocation of any previous instrument has the same geographical scope as that instrument.
- Revocation of certain instruments The instruments listed in the Schedule are revoked in their entirety.
The regulations completely revoke the instruments listed in the attached schedule.
- Revocation of certain legacy transitional provisions (1) Regulations 41(2) and 42 of the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 20173 are revoked. (2) Regulation 1(3) of the Pipe-line Works (Environmental Impact Assessment) Regulations 20004 is revoked.
Specific sections from the 2017 Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations and the 2000 Pipe-line Works (Environmental Impact Assessment) Regulations are revoked.
These sections are deemed to be outdated and no longer necessary.
Schedule Instruments revoked in their entirety Regulation 3 [Table listing 37 instruments and their citations]
This schedule provides a detailed list of 37 regulations that are being fully revoked.
These regulations primarily consist of EU decisions related to Euratom and one UK statutory instrument.
Explanatory Note (This note is not part of the Regulations) [Explanatory note discussing the reasons for revocation and lack of significant impact assessment]
The explanatory note provides further context, explaining that the revoked instruments were made obsolete by the UK's departure from the EU and Euratom.
It also notes that no significant impact assessment was deemed necessary.
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