The Climate Change Levy (General) Regulations 2001

Generation and certification of renewable source electricity U.K.

47.—(1) Subject to paragraphs (3) to (15) and regulation 48, electricity is “renewable source electricity” for the purposes of the Act to the extent that it has been generated from renewable sources provided that it is not electricity generated from a large hydro generating station.

(2) In this regulation—

[F1 “biomass” means fuel used in a generating station of which at least 98 per cent. of the energy content is derived from plant or animal matter, or substances derived directly or indirectly therefrom (whether or not such matter or substances are waste) and includes agricultural, forestry or wood wastes or residues, sewage and energy crops (provided that such plant or animal matter is not or is not derived directly from or indirectly from fossil fuel);]

“declared net capacity” means the highest generation of electricity (at the main alternator terminals) which, on the assumption that the source of power is available without interruption, can be maintained indefinitely without causing damage to the plant less so much of that capacity as is consumed by the plant;

“distribution system” and “transmission system” in relation to Great Britain have the meanings given in section 4 of the Electricity Act 1989(1) as it will have effect once it has been amended by section 28 of the Utilities Act 2000(2); in relation to Northern Ireland “transmission system” system has the meaning given in article 3 of the Electricity (Northern Ireland) Order 1992(3);

“fossil fuel” means coal, substances produced directly or indirectly from coal, lignite, natural gas, crude liquid petroleum, or petroleum products (and “natural gas” and “petroleum products” have the same meanings as in the Energy Act 1976(4));

“generator”, except in the definition of “hydro generating station” below, means the operator of a generating station;

“hydro generating station” means a generating station which is wholly or mainly driven by water other than stations driven by tidal flows, waves, ocean currents or geothermal sources and the “station” extends to all structures and works for holding or channelling water for a purpose directly related to the generation of electricity together with any turbines and associated generators directly connected to or fed by such common structures or works;

“large hydro generating station” means a hydro generating station with a declared net capacity of more than 10 megawatts;

“renewable sources” means sources of energy other than [F2 peat,] fossil fuel or nuclear fuel and includes [F3 (a) biomass, and (b)] waste provided that it is not waste with an energy content 90 per cent. or more of which is derived from fossil fuel;

“waste” has the meaning given in section 75(2) of the Environmental Protection Act 1990(5) as that subsection will have effect once it has been amended by paragraph 88 of Schedule 22 to the Environment Act 1995(6)(7), but does not include gas derived from landfill sites or gas produced from the treatment of sewage.

[F4 (2A) For the purposes of this Part and paragraphs 19 and 20 of the Act, coal mine methane shall be regarded as a renewable source and not a fossil fuel (see paragraph 19(4A) of the Act).]

(3) In the following paragraphs, except in relation to paragraphs (7), (8) and (12), references to fossil fuel do not include references to any fossil fuel content of [F5 biomass or] waste.

(4) Paragraph (11) is to apply where a generating station is fuelled by renewable sources and fossil fuel in order to calculate the respective proportions of electricity generated by that station from renewable sources and from fossil fuel in any period specified by the relevant Authority, but paragraph (11) does not apply to generating stations to which paragraph (10) applies.

(5) Where the renewable sources used to fuel a generating station includes waste (whether or not the generating station is fuelled by waste in combination with other renewable sources or fossil fuel) paragraphs (7), (8) and (9) apply in order to calculate the amount of renewable source electricity which is to be regarded as generated from that waste in any period specified by the relevant Authority.

[F6 (5A) Where the renewable sources used to fuel a generating station includes biomass (whether or not the generating station is fuelled by biomass in combination with other renewable sources or fossil fuel) paragraph (9) applies in order to calculate the amount of renewable source electricity which is to be regarded as generated from that biomass in any period specified by the relevant Authority.]

(6) Paragraph 10 applies where fossil fuel is used only for the purposes specified in that paragraph.

(7) Subject to paragraphs (8) and (9), where a generating station is fuelled by waste, the proportion of electricity generated from waste which is to be regarded as renewable source electricity is 50 per cent. of the proportion of electricity which has been generated by that station from waste provided that the relevant Authority determines that the generator has no reasonable grounds to believe that more than 50 per cent. of the energy content of the waste used is derived from fossil fuel.

(8) On request by a generator who considers that more than 50 per cent. of the electricity generated from waste by that station has been generated from waste which is not or has not been derived from fossil fuel, the relevant Authority shall determine in accordance with paragraph (12) the proportion of electricity so generated from such waste and that proportion shall be regarded as renewable source electricity.

(9) Where the relevant Authority determines that a generating station is fuelled by [F7 biomass or] waste at least 98 per cent. of the energy content of which is derived from plant or animal substances (including agricultural, forestry, wood and human wastes or residues), the amount of electricity generated from such [F7 biomass or] waste which is to be regarded as renewable source electricity is 100 per cent. of the electricity which is generated from such [F7 biomass or] waste.

(10) Where a generating station uses fossil fuel only for one or more of the following purposes—

(a) the ignition of gases of low or variable calorific value;

(b) the heating of the combustion system to its normal operating temperature or the maintenance of that temperature;

(c) emission control;

provided that the relevant Authority determines that in any year the energy content of the fossil fuel used for the above purposes in the generating station does not exceed 10 per cent. of the energy content of the renewable sources used, that fossil fuel shall be treated as if it were the renewable source used as the remainder of the fuel in the generating station.

(11) Where a generating station is fuelled partly by renewable sources and partly by fossil fuel, (with the exception of generating stations to which paragraph (10) applies) the respective proportions of electricity which have been generated from fossil fuel and any one or more renewable sources shall be determined by the relevant Authority in the manner described in paragraph (12), and the proportion of electricity generated from renewable sources other than waste (to which paragraphs (7), (8) and (9) apply) shall be regarded as renewable source electricity.

(12) In any case where the relevant Authority is required or requires to determine the proportions of electricity generated from either fossil fuel or any one or more renewable sources, it shall do so by reference to the energy content of the relevant fuels.

(13) Where the amount of electricity generated by a hydro generating station has been increased due to the flow rate, height or pressure of water being artificially increased as a result of pumping, the amount of renewable source electricity generated by that station shall be calculated by deducting from the amount of electricity generated by the station any electricity which has not been generated from renewable sources which is used for such pumping.

F8 (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) Where the relevant Authority is required to make any determination under this regulation it shall only be so required once it has been provided with adequate information on which to base its decision.

Textual Amendments

F1 Words in reg. 47(2) inserted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 11(a)

F2 Word in reg. 47(2) inserted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 11(b)(i)

F3 Words in reg. 47(2) inserted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 11(b)(ii)

F4 Reg. 47(2A) inserted (1.11.2003) by The Climate Change Levy (General) (Amendment) (No. 2) Regulations 2003 (S.I. 2003/2633), regs. 1, 2

F5 Words in reg. 47(3) inserted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 12

F6 Reg. 47(5A) inserted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 13

F7 Words in reg. 47(9) inserted (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 12

F8 Reg. 47(14) omitted (1.4.2003) by virtue of The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 14

Commencement Information

I1 Reg. 47 in force at 1.4.2001, see reg. 1

(1)

1989 c. 29.

(2)

At the time of making these regulations section 28 of the Utilities Act 2000 has not yet been brought into force, but is to be treated as if it had been in this regulation.

(3)

S.I. 1992/231 (N.I. 1).

(4)

1976 c. 76.

(5)

1990 c. 43.

(6)

1995 c. 25.

(7)

At the time of making these Regulations paragraph 88 of Schedule 22 to the Environment Act 1995 has not yet been brought into force, but is to be treated as if it had been in this regulation.