The Environmental Permitting (Electricity Generating Stations) (Amendment) Regulations 2025

Published: Fri 14th Feb 25 Came into force: Sat 28th Feb 26

Department: Department for Energy Security and Net Zero
Made under: Pollution Prevention and Control Act 1999

Established new decarbonisation readiness requirements for power stations in England through mandatory technical assessments and feasibility studies for environmental permits.

The regulations establish new requirements for electricity generating stations in England to demonstrate their readiness for future decarbonisation through either carbon capture and storage (CCS) or hydrogen conversion.

Operators must submit detailed technical and economic feasibility assessments when applying for environmental permits, proving they can meet specific conditions for either CCS readiness or hydrogen conversion readiness.

The regulations replace existing Carbon Capture Readiness requirements and extend to both inland and territorial waters adjacent to England.

Arguments For

Provides a clear regulatory framework for ensuring future power stations can be adapted for low-carbon operation, supporting the UK's net zero goals
Offers flexibility by allowing operators to choose between carbon capture readiness or hydrogen conversion readiness
Creates standardized assessment criteria for evaluating decarbonisation readiness across all qualifying facilities
Includes practical exemptions for specific types of generators where decarbonisation requirements would be impractical

Arguments Against

May increase initial costs and complexity for new power station developments through additional technical assessments and space requirements
Could potentially delay new generating capacity deployment due to added permitting requirements
May face implementation challenges due to uncertainties around future CCS infrastructure and hydrogen supply chains
Economic feasibility assessments may be challenging given the evolving nature of decarbonisation technologies

The Secretary of State makes the following Regulations in exercise of the powers in sections 2 and 7(9) of, and Schedule 1 to, the Pollution Prevention and Control Act 1999 ('the 1999 Act').

The regulations are created under legal powers granted by the 1999 Pollution Prevention and Control Act, establishing their statutory authority and legal basis.

PART 1 - Introductory

Citation and commencement (1) These Regulations may be cited as the Environmental Permitting (Electricity Generating Stations) (Amendment) Regulations 2025. (2) These Regulations come into force on 28th February 2026.

Sets the official name of the regulations and establishes their start date as February 28, 2026.

The timing allows industry stakeholders to prepare for the new requirements.

Extent and application (1) This Part and Part 3 extend to England and Wales and Scotland. (2) Part 2 extends to England and Wales. (3) Part 2 applies in relation to— (a) England, and (b) the sea adjacent to England out as far as the seaward boundary of the territorial sea.

Defines the geographical scope of different sections of the regulations.

While some parts apply across Great Britain, the core requirements specifically target England and its territorial waters.

Explanatory Memorandum PDF View Source

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