ARCHIVED: This Practice Note has been archived and is not maintained. This Energy consultations tracker tool displays the current status and most recent developments of key consultations being conducted by government departments, regulators, and other bodies in relation to energy law and policy in England and Wales from 1 January 2025. The tracker is divided into the following jurisdictions and sections: • England and Wales ◦ open consultations ◦ closed consultations For information on previous consultation trackers, see: • Energy consultations tracker 2024 [Archived] • Energy consultations tracker 2023 [Archived] • Energy consultations tracker 2022 [Archived] • Energy consultations tracker 2021 [Archived] • Energy consultations tracker 2020 [Archived] • Energy consultations tracker 2019 [Archived] • Energy consultations tracker 2018 [Archived] • Energy consultations tracker 2017 [Archived] • Energy consultations tracker 2016 [Archived] For our tracker setting out the anticipated future dates of major policy/regulatory announcements in the Great Britain (GB) energy market, see Practice Note: Great Britain energy market—policy and policy implementation tracker. For information on the current status and

This Energy consultations tracker tool displays the current status and most recent developments for key consultations which have closed after being conducted by government departments, regulators, and other bodies in relation to energy law and policy in England and Wales from 1 January 2026. For information on previous consultation trackers, see: • Energy consultations tracker 2025 [Archived] • Energy consultations tracker 2024 [Archived] • Energy consultations tracker 2023 [Archived] • Energy consultations tracker 2022 [Archived] • Energy consultations tracker 2021 [Archived] • Energy consultations tracker 2020 [Archived] • Energy consultations tracker 2019 [Archived] • Energy consultations tracker 2018 [Archived] • Energy consultations tracker 2017 [Archived] • Energy consultations tracker 2016 [Archived] For information on the current status and most recent developments of key consultations conducted by EU bodies and regulators in relation to EU energy law and policy from 1 January 2026, see Practice Note: EU energy cases tracker—2026. Closed consultations Consultations are displayed in chronological order by reference to the date that they have closed. The consultation that has most recently closed

This Practice Note provides an overview of the use of derivatives in the energy markets and looks at divergence in the regulation of energy derivatives in the EU and the UK. What are energy derivatives? Energy derivatives reference the underlying price of an energy source, such as oil, gas or electricity. They can be traded over-the-counter (OTC) or on an exchange (exchange traded derivatives or ETDs). Participants in the energy derivatives markets include: • brokers • financial institutions • investment funds • speculators, and • direct energy users Common types of energy derivatives Forwards/futures A forward contract in the energy markets is an OTC derivative contract that provides for the future delivery of an energy product, but with the price of that delivery agreed on the date of the contract. A futures contract is broadly similar but is traded on an exchange rather than privately negotiated with a market counterparty. See Practice Note: Types of derivatives for more information on these products. Swaps and contracts for differences A swap contract in the energy markets is usually

Energy derivatives reference the underlying price of an energy source, such as oil, gas or electricity. They can be traded over-the-counter (OTC) or on an exchange. Participants in the energy derivatives markets include: • brokers • financial institutions • investment funds • speculators, and • direct energy users

Reducing energy consumption while still maintaining similar levels of output or performance. This is usually achieves by reducing wasted energy or increasing the power efficiency of appliances.

Brexit impact As of 31 January 2020 (exit day), the UK ceased to be an EU Member State but entered an implementation period during which it continued to be treated by the EU as a Member State for many purposes. 11 pm (GMT) on 31 December 2020 marked 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 came to an end and significant changes began to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. Upon IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) created a new category of domestic UK law—retained EU Law (REUL)—made up of EU-derived rights and legislation that were preserved in the UK following Brexit. On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) gained Royal Assent. REUL(RR)A 2023 reforms the treatment of REUL by:  • revoking substantial amounts of REUL from 31 December 2023

What is section 36 of the Electricity Act 1989? The section 36 of the Electricity Act 1989 (EA 1989) imposes a statutory requirement on any person seeking to construct, extend or operate an electricity generating station to obtain consent from the ‘appropriate authority’ (ie the Secretary of State (SoS), Scottish Ministers or Welsh Ministers depending on the location of the proposed project), unless exempt. This includes exemptions for certain capacities and types of generating stations, such as onshore wind stations in England and Wales, with effect from 31 December 2025, generating stations which generate electricity directly from sunlight and are situated in England where the capacity does not exceed 100 MW (or will not exceed 100 MW when constructed or extended) (EA 1989, s 36(2)(a) and (b), as modified by the EA 1989 (Requirement of Consent for Solar Generating Stations) (England) Order 2025, SI 2025/762, art 2), and those covered by other legislative consents like the Planning Act 2008 (PA 2008). However, following the introduction of the development consent regime

Introduction Following the introduction of the development consent regime under the Planning Act 2008 (PA 2008), the need to apply for consent under section 36 of the Electricity Act 1989 (EA 1989) has been significantly reduced. However, s 36 remains relevant to: • onshore and offshore generating stations in Scotland, and • offshore wind (or water) generators with between 1 MW and 100 MW capacity (excluding any in Scottish waters or a Renewable Energy Zone in respect of which the Scottish Ministers have functions) When is s 36 consent required? EA 1989, s 36(1) prohibits the construction (at a 'relevant place'), extension or operation of a generating station without the consent of the ‘appropriate authority’. For these purposes, a ‘relevant place’ is a place in Great Britain, in the territorial sea adjacent to Great Britain or in a Renewable Energy Zone (EA 1989, ss 36(1) and (4)). ‘Renewable Energy Zone’ takes its meaning from the section 84 of the Energy Act 2004 (EA 2004). The ‘appropriate authority’ is generally

Title Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related productsConsolidated version—June 2014. Entry into Force 19 June 2010 *Article 5(d), 5(g) and 5(h) of Directive 2010/30/EU, apply from 31 July 2011 (Article 18 of Directive 2010/30/EU).The Energy Labelling Directive 2010/30/EU was repealed by Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling, which came into force on 1 August 2017. For more details, see Practice Note: EU Energy Labelling Regulation (EU) 2017/1369—snapshot. Transposition Deadline 20 June 2011 *Implementing measures apply from 20 July 2011 (Article 16 of Directive 2010/30/EU). Amendments Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC. Article 27(2) repealed Article 9(1) and (2) of Directive 2010/30/EU with effect from 5 June 2014. Implementing

ARCHIVED: This Practice Note has been archived and is not maintained. This Energy legislation tracker tool displays key upcoming legislation of interest to Energy lawyers from 1 September 2016. Legislation will be displayed in reverse chronological order. Legislation that is only applicable to Wales will be indicated on the tracker. The tracker is divided into the following jurisdictions: • England and Wales • European Union For information on legislation that comes into force in 2017, see: Energy legislation tracker 2017 [Archived]. England and Wales Title Key date Topics See Details Climate Change Agreements (Administration) (Amendment and Related Provision) Regulations 2016SI 2016/1189 30 December 2016 Climate change and targets In force From 30 December 2016, amendments are made to the terms relating to the buy-out fee for future Target Periods that must be included in the agreements in the Climate Change Agreements Scheme (the CCA Scheme). See: LNB News 09/12/2016 117. Contracts for Difference (Allocation) (Excluded Sites) Amendment Regulations 2016SI 2016/1246 15 December 2016 Renewable Subsidies and Embedded Benefits In force Some

ARCHIVED: This Practice Note has been archived and is not maintained. This Energy legislation tracker tool displays key upcoming legislation of interest to Energy lawyers from 1 January 2017. The tracker is divided into the following jurisdictions: • England and Wales • European Union Legislation will be displayed in reverse chronological order. Legislation that is only applicable to Wales will be indicated on the tracker. England and Wales Title Key date Topics See Details Ionising Radiations Regulations 2017SI 2017/1075 1 January 2018Comes into force • Nuclear licensing and regulation In force The Regulations set out a framework to ensure that occupational exposures to ionising radiations are kept as low as is reasonably practicable. The occupational elements of Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiations are transposed. The Ionising Radiations Regulations 1999 are revoked. See: The occupational elements of Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiations are transposed. The Ionising Radiations Regulations

ARCHIVED: This Practice Note has been archived and is not maintained. This Energy legislation tracker tool displays key upcoming legislation of interest to Energy lawyers from 1 January 2018. The tracker is divided into the following jurisdictions: • England and Wales • European Union Legislation will be displayed in reverse chronological order. Legislation that is only applicable to Wales (Wales Statutory Instruments—Wales SI) will be indicated on the tracker. Legislation which was laid in 2017 but came into force in 2018 can be found in the Energy legislation tracker 2017 [Archived]. For our tracker setting out the anticipated future dates of major policy/regulatory announcements in the Great Britain (GB) energy market (including those in relation to new legislation and major legislative amendments). Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. The implementation period will end on implementation period completion day