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Gas Act 1986

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seize property and destroy it where there are reasonable grounds to believe it would cause serious personal injury [30] Acorn: led by Pale Blue Dot Energy, this hydrogen production plant is focused on the delivery of an energy and cost-efficient process for hydrogen production, using natural gas produced in the North Sea, with carbon capture and storage technology for the associated emissions. Advisers should be aware that, despite its powers, the Health and Safety Executive is unlikely to be able to deal with every case it receives. For tenants in houses in multiple occupation, local authorities have powers under the Housing Act 2004 and the Housing (Management of Houses in Multiple Occupation) (England) Regulations 2006 [35] to ensure the safe (and continuous) supply of gas. Local authorities can serve notice on landlords to comply with the regulations for houses in multiple occupation, and can prosecute where necessary.

Health and Safety Executive inspectors have wide powers of enforcement under the 1974 Act. They can: [29] Supply Point Administration Agreement – this is a multi-party agreement to which all gas transporters and suppliers are required to comply with. It facilitates supply point administration, being the change of gas supplier. The European Agreement concerning the International Carriage of Dangerous Goods by Road ( “ADR”) regulates the transport of hydrogen, which is classified as a dangerous good under Annex 5 of the ADR. Hydrogen transport is excluded through ten tunnels in the UK, based on its ADR classification. The government expects that 20-35% of the UK’s energy consumption in 2050 can be met with hydrogen and that it can be used in sectors ranging from heating to heavy industry, land, air and maritime transport. However, while the Hydrogen Strategy was welcomed by many in the industry, legal analysis and the development of new laws and an industry framework is yet to come with new legislation likely to be needed.. This is in addition to navigating the HSE and environmental regulations, whether as part of consenting such projects or in trying to get them built. Hydrogen Projects in developmentIt is a criminal offence to reconnect any gas fitting or any part of the gas system without the consent of the appropriate authorities (for example the gas transporter or the Secretary of State). [41] Gas Safety (Management) Regulations 1996 – concerns the flow of gas through the network. All gas transporters must prepare and submit a safety case to HSE. This identifies the hazards and risks, explains how they are controlled, and describes the system in place to ensure that controls are applied. The gas transporter will be audited to ensure compliance with their safety case Gas transporters have powers under which they can disconnect and seal off any gas fitting or any part of the gas system in residential premises for safety reasons. [37] They must send the customer written notice within five days of the disconnection, detailing the nature of the defect, the danger involved, and what action has been taken. [38] If occupiers want to object they have 21 days to appeal to the Secretary of State for Trade and Industry. [39] The meter stays disconnected until the fault is remedied or the appeal is successful. [40] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/945899/201216_BEIS_EWP_Command_Paper_Accessible.pdf Storage of Hydrogen is regulated by The Planning (Hazardous Substances) Regulations 2015 and/or the Control of Major Accident Hazards Regulations 2015 (“ COMAH”), depending on the quantities involved. COMAH sets a high bar of requiring operators to take all measures necessary to prevent a major accident and limit consequences for human health and the environment. The operator must have in place various strategies, including safety plans, emergency plans and a Major Accident Prevention Policy.

the way forward to developing a hydrogen business model and revenue mechanism, namely, launching a consultation on the proposed models with the ambition to finalise this in 2022; that work is ongoing with the Health and Safety Executive to assess the potential for 20 % hydrogen blending into the gas network, and a call for evidence on the future of the gas system is to be launched later in 2021; and The Uniform Network Code – sets out the common rules governing the gas transportation arrangements between licenced gas transporters and shippers, as required under their licence. Every licensed gas transporter must have its own network code, incorporating the Uniform Network Code, and governing the terms on which it will transport gas. It includes a Transportation Principal Document, which sets out the gas transportation arrangements between gas shippers and transporters and an Offtake Arrangements Document which sets out arrangements between different transporters. Hydrogen, like other gasses is heavily regulated from a health and safety perspective. The Health and Safety Executive (“ HSE”) requires compliance with the following regulations: Independent Gas Transporter Uniform Network Code – sets out the common rules applying to independent gas transporters. It aims to harmonise the network code arrangements of Independent Gas Transporters, who operate extensions to the gas network such as those serving new housing developments.

Ofgem is the Office of Gas and Electricity Markets.

reg 36(6) Gas Safety (Installation and Use) Regulations 1998 SI 1998/2451 and, from 6 April 2018, amendments made by reg 5, Gas Safety (Installation and Use)(Amendment) Regulations 2018 SI 2018/139. Hydrogen is expected to have a substantial role in the decarbonised UK energy system over the coming decades. Total UK consumption of hydrogen is anticipated to increase from 0.7 million tonnes (Mt) in 2020 to between 3-19 Mt by 2050. The Dangerous Substances and Explosive Atmosphere Regulations 2002 sets out requirements for the use of equipment and protective systems in potentially hazardous environments, including those where hydrogen is produced or stored. There is very little legislation that specifically relates to hydrogen. Instead, hydrogen projects must navigate the existing legislative landscape that applies to gasses more generally. Hydrogen is captured under the definition of “gas” in the Gas Act 1986 (the “ Gas Act”) and is therefore regulated as part of the gas network. In August 2021, the UK government published its long-awaited and first ever Hydrogen Strategy for the UK. As highlighted throughout this chapter, the Hydrogen Strategy reinforces prior commitments (such as the ambition for 5GW of hydrogen production capacity by 2030) but also provides clarity on plans for the near future to develop a hydrogen economy in the UK, taking a “whole-system” approach. In particular, it sets out (amongst other things):

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