The Secretary of State makes these Regulations in exercise of the powers conferred by sections 108 and 331(2)(b) of the Energy Act 2023(1).

The Secretary of State has, in accordance with section 108(7) of that Act, consulted the licensing authorities that may under section 18(1) of the Energy Act 2008(2) (“the 2008 Act”) grant a licence in respect of the carrying on, in a place to which these Regulations apply, of activities within section 17(2) of the 2008 Act.