Connecting to UK CCUS Clusters: Access to Transportation and Storage Infrastructure

The last twelve months have been hugely significant for CCUS in the UK, with the successful financial close of two Track-1 CCUS clusters. Both clusters expect new emitters needing to connect to the proposed transport and storage (“T&S”) infrastructure. The UK government is therefore looking to establish whether the current regulatory framework for CCUS transportation remains fit for purpose in light of significant policy and market developments in the CCUS sector. 

To that end, on 28 November 2025 the Department for Energy Security and Net Zero (“DESNZ”) launched a consultation (the “Consultation”) on the review of the Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (the “Access to Infrastructure Regulations” or “Regulations”).  The Consultation is open for responses until 6 February 2026. 

We have summarised below the key issues on which DESNZ is seeking input, and which stakeholders will be considering in their responses.

Background and Rationale for Review 

The Access to Infrastructure Regulations were originally enacted to implement the EU’s CCS Directive, with a view to ensuring transparent and non-discriminatory access to CO₂ transport and storage infrastructure. Since their introduction, the UK CCUS policy landscape has evolved considerably, most notably with the establishment of the economic regulatory regime (ERR) for CO₂ transport and storage under the Energy Act 2023.  The ERR introduces economic licensing for CO₂ transportation and storage network operators (“T&SCos”), based on a Regulated Asset Base (RAB) model, and a network code (the CCS Network Code) to govern access, charges, and operational arrangements. The Energy Act 2023 empowers DESNZ to amend, revoke or replace the Access to Infrastructure Regulations, recognising the need for alignment with the ERR.

The Government’s stated objective in the Consultation is to facilitate a self-sustaining CCUS market that attracts investment, supports decarbonisation, and mitigates the risk of monopolistic behaviour. This objective has been brought into sharper focus in light of the licence award of the East Coast Cluster in 2024 and HyNet in 2025, as the government seeks to ensure existing future CO₂ emitters have a sustainable route to the transportation of their captured CO_2.

Key Areas of Consultation 

1. Alignment with Economic Regulation and Avoidance of Duplication

There has been some uncertainty as to how the access regime in the ERR documentation will be reconciled with the Access to Infrastructure Regulations. The latter is based on a “negotiated access” model, whereby prospective CO₂ storage customers attempt to agree access terms with the storage operator and can apply to the regulator to determine (subject to certain exceptions) appropriate terms if they cannot agree. By contrast, the former assumes a “regulated access” model, whereby the T&SCo is required (again subject to certain exceptions) to offer access substantially in accordance with standard form documents approved by the regulator.

The Consultation considers whether the Access to Infrastructure Regulations should be amended to reflect the new economic regulatory framework, or whether obligations relating to access could be addressed solely through the access obligations contained in the new economic licensing regime and the CCS Network Code. 

2. Transparency and Publication of Information

The government seeks views on the technical and capacity information that CO₂ transport and storage operators should be required to publish to ensure fair and transparent access, and whether current requirements remain appropriate. 

3. Securing Access and Future Connections

The Consultation explores how the process for securing access to CO₂ infrastructure should operate in the future, particularly as the market looks to transition from the government-led cluster sequencing programme to a less structured and more emitter-led model.  Scenarios include self-funding projects seeking access outside of government allocation processes and projects wishing to extend connections beyond the initial support periods provided for in, for example, a dispatchable power agreement or industrial carbon capture agreement. 

4. Exemptions and Third-Party Access

Under the Energy Act 2023, certain CO₂ transport and storage activities may be exempted from the requirement to be subject to economic licensing.  The Consultation asks whether and how third-party access rights and obligations should apply to exempt infrastructure, and the appropriate mechanisms for imposing such obligations. 

5. Grounds for Refusal and Dispute Resolution

The Regulations currently set out circumstances in which access may be refused and provide for dispute resolution by relevant authorities (e.g., the Secretary of State for DESNZ, North Sea Transition Authority, and devolved ministers in Scotland and Wales).  The Consultation seeks feedback on whether these considerations remain appropriate, particularly in light of the new regulatory framework, and on the most suitable authority and process for resolving access disputes. 

6. Access at the Planning/Consenting Stage

The Regulations allow for access requests and associated conditions to be imposed prior to construction of infrastructure.  The government is seeking views on the continued appropriateness of this approach and the allocation of costs for modifications or increased capacity. 

7. Future Network Evolution

As the CCUS sector matures, the government anticipates the emergence of more complex network structures, potentially involving multiple licensed operators and transport modes.  The Consultation invites input on how to ensure frictionless access to such future networks, including expectations around flexibility and the ability to connect to multiple transport and storage options. 

8. CO₂ Usage and Hybrid Projects

The review considers the integration of projects intending to use (rather than store) CO₂ with storage, and the challenges for projects who might seek to switch between usage and storage pathways. 

9. Cross-Border (International) Access

The Consultation addresses the potential for cross-border CO₂ transport and storage, including the UK’s role in providing storage services to international emitters, and seeks views on access rights and obligations in an international context. 

Comment

A fair and transparent third-party access regime for CCUS infrastructure is essential to unlock the full potential of CCUS in the UK and beyond. In particular, the UK government will be mindful of the calls from some in the industry to allow T&S activities without economic regulation and the ability to follow on the access to CO₂ stores pioneered by projects like the Northern Lights in Norway.

As the UK seeks to attract a broader base of emitters to use the existing T&S network, as well as potentially new users, a regime of transparency and equal treatment will be key. In any case, any third party access regime must be simple, predictable, and commercially attractive to private investors, ensuring that participation is not hindered by excessive complexity or regulatory uncertainty.