The Renewables Obligation Order 2015

Statutory Instruments

2015 No. 1947

Electricity, England And Wales

The Renewables Obligation Order 2015

Made

26th November 2015

Coming into force in accordance with article 1

This Order is made by the Secretary of State in exercise of the powers conferred by sections 32 to 32K, 32LA and 32M of the Electricity Act 1989(1) (“the 1989 Act”) and section 2(2) of the European Communities Act 1972(2) (“the 1972 Act”) (as read with paragraph 1A of Schedule 2 to the 1972 Act)(3).

The Secretary of State is a Minister designated for the purposes of section 2(2) of the 1972 Act in relation to energy and energy sources(4).

This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for the references to Annex 5 to Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources(5) in article 83 of and Schedules 1 and 3 to this Order to be construed as references to Annex 5 to that Directive as amended from time to time.

The Secretary of State has consulted the Gas and Electricity Markets Authority, the National Association of Citizens Advice Bureaux, the Scottish Association of Citizens Advice Bureaux(6), electricity suppliers to whom this Order applies and such generators of electricity from renewable sources and other persons as the Secretary of State considered appropriate in accordance with section 32L(1) of the 1989 Act.

In exercising the power to make provision under section 32D(1) of the 1989 Act, the Secretary of State has had regard to the matters specified in section 32D(4).

In accordance with section 32L(2) of the 1989 Act, and paragraph 2(2) of Schedule 2 to the 1972 Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Accordingly the Secretary of State makes the following Order:

(1)

1989 c.29, sections 32 to 32M were substituted by section 37 of the Energy Act 2008 (c.32) for sections 32 to 32C. Section 32M(1) was amended by article 2 of S.I. 2011/984 and section 55(2) of the Energy Act 2013 (c.32) and section 32LA was inserted together with section 32LB by section 55(1) of that Act.

(2)

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

(3)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by article 3 of S.I. 2007/1388 and Part 1 of the Schedule to the European Union (Amendment) Act 2008.

(4)

Article 6 of S.I. 2010/761.

(5)

OJ No L 140, 5.6.2009, p16.

(6)

Section 32L(1) of the 1989 Act refers to “the Authority”, “Citizens Advice” and “Citizens Advice Scotland”. These are defined in section 111(1) of the 1989 Act, as inserted by paragraph 40(a) of Schedule 6 to the Utilities Act 2000 (c.27) and paragraph 5(20) of Schedule 1 to S.I. 2014/631.