Energy storage—construction issues
Produced in partnership with Richard Streeter and Madi Dacey of Eversheds-Sutherland
Energy storage—construction issues

The following Energy practice note Produced in partnership with Richard Streeter and Madi Dacey of Eversheds-Sutherland provides comprehensive and up to date legal information covering:

  • Energy storage—construction issues
  • Brexit impact
  • Introduction
  • Contracting structure
  • Co-location
  • Performance guarantees
  • Manufacturers’ warranties
  • Importation of the battery and recycling the battery
  • Ownership of software
  • Compliance with industry codes

Brexit impact

As of 31 January 2020 (exit day), the UK is no longer an EU Member State, but it has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. 11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below.

For information on how leaving the EU will affect Great Britain’s (GB) renewable energy sector, see Practice Note: Energy and Brexit—renewable energy, which tracks the key publications and announcements made to date in relation to Brexit and the Great Britain (GB) renewable energy sector. It also provides brief explanation of the key areas where Brexit will have an identified and direct legal impact on the renewables sector. It includes focus on Brexit and Renewable Energy Guarantees of Origin (REGOs); Brexit and Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration (CHPGOs); and Brexit and the Renewables Obligation (RO), Feed-in Tariffs (FiTs), and Contract for Difference (CfD) subsidy schemes.


The advances in energy storage technology, as well as

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