The Renewables Obligation (Amendment) Order 2011

Statutory Instruments

2011 No. 984

Electricity

The Renewables Obligation (Amendment) Order 2011

Made

29th March 2011

Coming into force

1st April 2011

This Order is made by the Secretary of State in exercise of the powers conferred by sections 32(1) and (2), 32A(1), (2)(f) and (g), 32C(1), (2), (3) and (5), 32J(3) and 32K(1) and (3) 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(4) for the purposes of section 2(2) of the 1972 Act in relation to energy and energy sources.

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 Schedule A1 inserted by this Order into the Renewables Obligation Order 2009(6) to be construed as references to Annex 5 to the Directive as amended from time to time.

The Secretary of State has consulted the Gas and Electricity Markets Authority(7), the National Consumer Council(8), electricity suppliers to whom this Order applies, and such generators of electricity from renewable sources and other persons as considered appropriate in accordance with section 32L(1) of the 1989 Act.

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.

(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)

S.I. 2010/761.

(5)

OJ L 140, 5.6.2009, p.16.

(6)

S.I. 2009/785 amended by S.I. 2010/1107.

(7)

Section 32L(1) of the 1989 Act refers to “the Authority”, this is defined in section 111(1) as inserted by paragraph 40(a) of Schedule 6 to the Utilities Act 2000 (c.27).

(8)

Section 32L(1) of the 1989 Act refers to “the Council”, this is defined in section 111(1) as substituted by section 30(4)(b) of the Consumers, Estate Agents and Redress Act 2007 (c.17).