Energy

This page provides links to the full text of key pieces of Energy environmental legislation that may affect your business in Scotland. The websites hosting the legislation may list amendments separately.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.
Environmental management systems and environmental reports

 

Energy Act 2023 (2023 c. 52). This Act makes provisions about the energy production, security, regulation, and market in the United Kingdom. It covers topics on, among others: carbon capture and storage; hydrogen production, transport, grid and storage; fusion energy; low-carbon heat schemes; renewable and sustainable fuels; removals of greenhouse gases; heat networks; energy smart appliances and load control; energy performance of premises; energy savings opportunity schemes; core fuel sector resilience;  offshore wind electricity generation, oil and gas; the civil nuclear sector; and governance of gas and electricity industry codes.

The Energy Act 2023 (Commencement No. 2) Regulations 2024 (SI 2024/890). These regulations establish that specified provisions of the Energy Act 2023 come into the force on 10 September 2024: section 156 of the Act (fusion energy facilities: nuclear site licence not required); some sections in Part 6 of the Act (governance of gas and electricity industry codes), including provision for the licensing and selection of code managers for the purpose of managing industry codes in the electricity and gas sectors; section 209 of the Act (power to make consequential etc. amendments in connection with sections 205 to 208); and section 302 (application to the territorial sea of requirement for nuclear site licence).

The Energy Act 2023 (Commencement No. 3) Regulations 2024 (SI 2024/957 (c 60)).These regulations establish that specified provisions within Part 5 (establishing an Independent System Operator and Planner) of the Energy Act 2023, come into the force on 1 October 2024: subsection (2) of section 166 (amendment of section 4(1) of the Electricity Act 1989 to add prohibition on carrying out unlicensed activity); subsection (2) of section 168 (amendment of section 5 of the Gas Act 1986 to add prohibition on carrying out unlicensed activity); paragraphs 1, 2, 4 and 5 of Schedule 11 (minor and consequential amendments relating to Part 5).

Building (Scotland) Amendment Regulations 2006 SSI 534. Replaces the six schedules up to 2004/406 that set out functional standards for buildings. Requires building owners to inspect air conditioning systems regularly and give advice to building occupants on reducing their energy consumption.

Capital Allowances (Energy-saving Plant and Machinery) Order 2001 SI 2541

Introduces a scheme for 100% first-year allowances to encourage businesses to invest in energy-saving plant and machinery.

CRC Energy Efficiency Scheme Order 2013

Introduces a simplified version of the Carbon Reduction Commitment (CRC) that will apply following the end of the introductory phase established under the CRC Energy Efficiency Scheme Order 2010. It provides for revocations, continuing effect and amendments to the CRC Energy Efficiency Scheme Order 2010 and the CRC Energy Efficiency Scheme (Amendment) Order 2011.

CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018 SI 841

Makes provision for the early closure of the CRC Scheme. Revokes the CRC 2013 order with savings and amends the CRC 2010 order to extent it continues to operate following its revocation, with savings by the 2013 order. Means that there will still be some obligations to be met up until 2025.

 

The Ecodesign for Energy-Related Products and Energy Information Regulations 2021 

These Regulations set out ecodesign requirements for specified energy-related products and amend the 2010 regulations. They include ecodesign requirements for certain refrigeration appliances, welding equipment, dishwashers, electric motors and variable speed drives.

The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2015

Amend the 2010 and 2011 Regulations to include power transformers from 1 July 2015 and ventilation units from 1 Jan 2016

The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2013 No 1232

Regulations to make provision relating to fans driven by motors with an electric input power between 125W and 500kW, directional lamps, light emitting diode lamps, household tumble driers and electrical lamps and luminaires.

The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2012 No 3005

Inserts additional products (water pumps, air conditioners and comfort fans) into the table in Schedule 1 of the Ecodesign for Energy-Related Products Regulations 2010. Amends items in the Energy Information Regulations 2011

The Ecodesign for Energy-Related Products (Amendment) Regulations 2011 No 2677

Insert two additional products (household dishwashers and household washing machines) into the table in Schedule 1 to the Ecodesign for Energy Related Products Regulations 2010. Amend the Energy Information Regulations 2011 to require persons to make technical documentation available from the time when the person placed products on the market and for 5 years after.

Ecodesign for Energy-Related Products Regulations 2010 SI 2617

Puts in place a framework for minimum energy efficiency standards for energy-using products. Adds civil sanctions as an enforcement mechanism. Introduces powers to require manufacturers to pay for cost of testing products if shown that they don't comply.

The Electricity (Class Exemptions from the Requirement for a Licence) (Amendment) Order 2024 (SI 2024/819) . This Order amends the Electricity (Class Exemptions from the Requirement for a Licence) Order 2001 (S.I. 2001/3270) to exempt high-voltage array systems from the transmission licence regime. Exemption persons will therefore be able to own and operate offshore wind farms alongside array systems of different voltages, and, separately under a transmission licence, offshore transmission owners will own and operate non- array systems transmission cables which connect to shore.

Energy Efficiency (Refrigerators and Freezers) Regulations 1997 SI 1941

Specifies energy efficiency standards (electricity consumption) for new household electric refrigerators freezers and their combinations.

The Energy Information (Amendment) Regulations 2020

These regulations amend the Energy Information Regulations 2011 (S.I. 2011/1524) in relation to household combined washer-dryers, household washing machines, household dishwashers, household refrigerating appliances and electronic displays.

The Energy Information (Amendment) Regulations 2018

These Regulations amend the Energy Information Regulations 2011 (S.I. 2011/1524) These regulations implement Regulation (EU) 2017/1369 of the European Parliament and of the Council setting a framework for energy labelling. They alter the domestic enforcement regime for the labelling of energy-related products.

Energy Information Regulations 2011 SI 1524

Applies to energy-related products which have a significant impact on energy consumption. Requires information to be provided to customers. Includes powers of enforcement to improve the environmental performance of products.

Energy Information (Dishwashers) Regulations 1999 SI 1676

Requires dishwasher suppliers to provide labels showing energy consumption, and dealers to display this information to potential buyers. There are also requirements for mail order and catalogue sales.

Energy Information (Refrigerators and Freezers) Regulations 1994 SI 3076

Requires refrigerators and freezer suppliers to provide labels showing energy consumption, and dealers to display this information to potential buyers. There are also requirements for mail order and catalogue sales.

Energy Information (Washing Machines) Regulations 1996 SI 600

Requires suppliers of household washing machines to provide energy consumption information on their products, and dealers to display this information to potential buyers.

Energy Information (Washing Machines) (Amendment) Regulations 1997 SI 803

Updates 1996/600 to exclude washing machines with no internal water heating capacity and defines 'enforcement action'.

The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 No 208

Requires Energy Performance Certificates to be show to prospective tenants or buyers and requires further information to be included in certificates

The Energy Performance of Buildings (Scotland) Amendment Regulations 2012 No 190

Amends the 2008 Regulations by requiring the Energy Performance certificate to provide an indication as to where the owner or tenant can receive more detailed information on the cost effectiveness of the energy performance certificate. Requires data to be entered into the Register

The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016

Aims to reduce emissions and energy use in existing non-domestic buildings. It introduces a requirement for owners of non-domestic buildings (those over 1,000 m² in area) to undertake an assessment of the greenhouse gas emissions and energy performance of their building. This will identify improvement targets for the building. The building owner must then produce a plan that will achieve these targets. Improvement must be completed within 42 months of the assessment.

The Building (Energy Performance of Buildings) (Scotland) Regulations 2016

Requires an inspection of air conditioning systems to be undertaken at least every 5 years and to include all accessible parts of the system. This will come into force for all buildings owned by public authorities by 1 Jan 2019, and for all other buildings on 31 December 2020.

Energy Performance of Buildings (Scotland) Regulations 2008 SSI 309

Requires building owners to make an energy performance certificate available for buyers or tenants and sets out the requirements for the certificate. Also requires public buildings to clearly display an energy performance certificate within the building.

The Energy Savings Opportunity Scheme Regulations 2014

This introduces the Energy Savings Opportunity Scheme(“ESOS”) under which all large undertakings must audit their energy use and identify reasonably practicable and cost effective ways in which they can improve their energy efficiency.

The Energy Savings Opportunity Scheme (Amendment) Regulations 2015

These Regulations amend Schedules 1, 2 and 4 to the Energy Savings Opportunity Scheme Regulations 2014 to correct drafting errors.

The Energy Savings Opportunity Scheme (Amendment) Regulations 2023

The instrument makes changes to the Energy Savings Opportunity Scheme (ESOS) to strengthen and standardise the requirements for ESOS audits, improve their quality, and require public disclosure of information relating to them. The changes are intended to increase the energy and related carbon savings of the scheme’s participants.

Environmental Impact Assessment (Scotland) Regulations 1999 SSI 1

Requires environmental impact assessments of the effects of certain public and private projects to be carried out as part of town and country planning, and road and drainage works.

Environmental Impact Assessment (Scotland) Amendment Regulations 2002 SSI 324

Amends 1999/1 to require planning authorities to carry out environmental assessments when revising conditions for existing minerals planning permission. Includes National Parks in the definition of 'sensitive areas'.

The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017

Make minor changes to the Environmental Impact Assessment Regulations that deal separately with Electricity Works, Town and Country Planning, Forestry, Agriculture, Land Drainage and Irrigation and Marine Works.

EU Regulation1369/2017: Setting a framework for energy labelling

Revokes Directive 2010/30/EU. Lays down a framework that applies to energy-related products placed on the market or put into service. It provides for the labelling of those products and the provision of standard product information regarding energy efficiency, the consumption of energy and of other resources, thus enabling customers to choose more efficient products and reduce energy consumption.

EU Regulation on a Revised Community Eco-Label Award Scheme 1980/2000

Sets out a scheme to award an 'eco-label' to manufacturers who want to inform consumers about what they are doing to reduce the environmental impact of their products.

EU Regulation on ecodesign requirements for fluorescent and high intensity discharge lamps, and for ballasts and luminaires 245/2009 (Adobe PDF - 209KB)

Lists requirements for marketing fluorescent lamps, high intensity discharge lamps, ballasts and luminaires. Also includes benchmarks for office lighting and public street lighting products.

EU Regulation on Eco-design requirements for lamps 347/2010 (Adobe PDF - 892KB)

Amends 245/2009 by introducing new definitions and technical information, including efficacy values for fluorescent lamps.

EU Regulation on ecodesign requirements for non-directional household lamps 244/2009 (Adobe PDF - 94KB)

Establishes eco-design requirements for marketing non-directional household lamps including those marketed for non-household use.

EU Regulation 1222/2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters

Requires tyre suppliers to ensure that the tyres they deliver to distributors and end users are labelled with their fuel efficiency and noise levels from 1 November 2012.

The Green Gas Support Scheme (Amendment) Regulations 2024 (SI 2024/642) . The Green Gas Support Scheme is a renewable heat incentive scheme to facilitate and encourage the production of biomethane by anaerobic digestion, for injection into the gas grid. These regulations extend the scheme closure date to 31 March 2028; and change the formula for calculating the proportion of eligible biomethane that receives tariff payments, by removing penalties for the use of heat pumps in the production of biomethane. This will encourage the use of low carbon heat pumps.

Non-Domestic Rates (Renewable Energy Generation Relief) (Scotland) Regulations 2010 SSI 44

From the start of financial year 2010-2011, reduces on a sliding scale (from 100% to 2.5%) the amount payable as non-domestic rates for business premises in Scotland used solely for the generation of renewable heat or power (or both).

The Domestic Renewable Heat Incentive Scheme Regulations 2014

These Regulations establish a renewable heat incentive scheme under which owners of biomass plants, heat pumps and solar thermal plants which generate heat for domestic properties may receive payments at prescribed rates when the plant generates heat for that property.

The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015

These regulations ensure that participants in the domestic and non-domestic schemes use biomass, biogas or biomethane which is associated with limited total greenhouse gas emissions. They also ensure that participants in the domestic and nondomestic schemes use biomass which comes from sources other than those which are protected and in the case of wood, sources which are properly managed.

The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2016

Makes amendments to the 2011 (Non-domestic RHI) and the 2014 (Domestic RHI) regulations, including changing the tariff uplift from RPI to CPI for schemes with a tariff start date on or after 1 April 2016 and defining what is meant by biomass obtained from a sustainable source.

The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2017

These Regulations amend the Renewable Heat Incentive Scheme Regulations 2011 and the Domestic Renewable Heat Incentive Scheme Regulations 2014. The amendment provides for updated Microgeneration Installation Standard requirements to apply to contractors undertaking the supply, design and installation etc. of microgeneration heat pump systems under the Microgeneration Certification Scheme (MCS).

The Renewable Heat Incentive Scheme Regulations 2018

Revokes the 2011 regulations and introduces changes to eligibility criteria, methods of calculating and issuing scheme payments, budget control, sanctions for non-compliance, and levels of tariffs.

The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018

Make changes to the 2014 regulations regarding metering and monitoring, and changes to the rights of investors to receive RHI payments.

The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018

Clarifies what is meant by an investor in the 2014 regulations and ensures they cannot receive payments unless properly registered and nominated.

Amends the 2018 regulations: requiring bio-methane producers to specify the plant that will be used for the purposes of the scheme, and require a declaration that any necessary environmental permits have granted, or that no permits are required, and that the plant will operate in compliance with all regulations.

The Renewables Obligation (Scotland) Amendment Order 2017

This imposes an obligation (“the renewables obligation”) on electricity suppliers to produce a certain number of renewables obligation certificates in respect of the electricity they supply to customers in Scotland during an “obligation period”.

The Renewables Obligation (Scotland) Amendment Order 2024

Ensures that the mutualisation threshold is updated each year and linked to the annual cost of the scheme to suppliers.

The Renewable Transport Fuel Obligations (Amendment) Order 2024 (SI 2024/634). This order amends The Renewable Transport Fuel Obligations Order 2007 (SI 2007/3072), as a result of which there is financial incentive to suppliers of renewable fuels. The new order extends the scope of fuels that can be rewarded this way, to include recycled carbon fuel (RTC). A RTC is defined as a liquid or gaseous fuel produced wholly from a waste of fossil origin that has been designated as a relevant feedstock.

The Smart Meters Act 2018 (Commencement) Regulations 2024

These Regulations bring into force sections 11 to 13 of the Smart Meters Act 2018. They enable the modification of electricity codes by the Gas and Electricity Markets Authority, to make possible or require half-hourly electricity imbalances to be calculated using information about customers’ actual consumption of electricity on a half hour basis. 

The Pollution Prevention and Control (Scotland) Amendment Regulations 2017

These Regulations provide that no Medium Combustion Plant (MCP) brought into operation after 20th December 2018 can operate without a permit or being registered. In relation to MCPs already in operation at that date:

• those with a rated thermal input above 5 MW are brought within the permitting regime from 1st January 2024
• those with a rated thermal input of 1 to 5 MW are brought within the permitting regime from 1st January 2029.

MCPs are required to comply with emission limit values for sulphur dioxide, nitrogen oxides and fine particulate matter, subject to specified exceptions.

The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

These Regulations make amendments to legislation in the fields of environmental protection, water, water industry, waste and bathing waters. They make amendments to  the 2012 PPC regulations including to industrial emissions, with definitions of combustion, incineration and co-incineration plants. 

The Green Gas Support Scheme (Amendment) Regulations 2022

The Regulations make amendments and corrections to the Green Gas Support Scheme 2021, which established the Green Gas Support Scheme (GGSS). The amendments correct drafting defects and bring the 2021 Regulations in line with original policy intent.

The Green Gas Support Scheme (Amendment) Regulations 2023
These Regulations amend the Green Gas Support Scheme Regulations 2021 to make amendments to the Green Gas Levy (GGL).

The Green Gas Support Scheme (Amendment) Regulations 2024 (SI 642) 

The Green Gas Support Scheme is a renewable heat incentive scheme to facilitate and encourage the production of biomethane by anaerobic digestion, for injection into the gas grid. These regulations extend the scheme closure date to 31 March 2028; and change the formula for calculating the proportion of eligible biomethane that receives tariff payments, by removing penalties for the use of heat pumps in the production of biomethane. 

The Local Heat and Energy Efficiency Strategies (Scotland) Order 2022

The purpose of the instrument is to place a duty on local authorities to produce Local Heat and Energy Efficiency Strategies and Delivery Plans by 31 December 2023, and subsequently on a 5 yearly cycle, in line with guidance to be provided by Scottish Ministers. The Order came into force on 21 May 2022.