Electricity Act 1989

[F1 32 Obligation in connection with electricity from renewable sources. E+W+S

(1) F2 The Secretary of State may by order impose on each electricity supplier falling within a specified description (a “designated electricity supplier”) an obligation to do what is set out in subsection (3) (and that obligation is referred to in this section and sections 32A to 32C as the “renewables obligation”).

(2) The descriptions of electricity supplier upon which an order may impose the renewables obligation are those supplying electricity—

(a) in Great Britain;

(b) in England and Wales; or

(c) in Scotland,

excluding such categories of supplier (if any) as are specified.

(3) Subject to the provisions of this section and sections 32A [F3 to 32C], the renewables obligation is that the designated electricity supplier [F4 must, by each specified day, have produced] to the Authority evidence of a specified kind showing—

(a) that it has supplied to customers in Great Britain during a specified period such amount of electricity generated by using renewable sources as is specified in relation to such a supplier; or

(b) that another electricity supplier has done so (or that two or more others have done so); or

(c) that, between them, they have done so.

(4) If the order applies only to electricity suppliers in part of Great Britain, it may specify that the only electricity supplied which counts towards discharging the renewables obligation is electricity supplied to customers in that part of Great Britain.

(5) Evidence of the supply [F5 or other use] of electricity may not be produced more than once in relation to the same electricity.

(6) In the case of electricity generated by a generating station fuelled or driven partly by renewable sources and partly by fossil fuel, only the proportion attributable to the renewable sources can count towards discharging the renewables obligation (but this is subject to section 32A(1)(g)).

(7) Before making an order, the Secretary of State must consult—

(a) the Authority;

(b) the Council;

(c) the electricity suppliers to whom the proposed order would apply;

[F6 (d) such generators of electricity from renewable sources as he considers appropriate; and]

(e) such other persons, if any, as he considers appropriate.

(8) In this section—

• “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 M1 Energy Act 1976);

• “renewable sources” means sources of energy other than fossil fuel or nuclear fuel, but includes waste of which not more than a specified proportion is waste which is, or is derived from, fossil fuel;

• “specified” means specified in the order.

[F7 (8A) In this section and in sections 32A to 32C—

• “generated” means generated at any place whether situated in the United Kingdom or elsewhere, and cognate expressions shall be construed accordingly;

• “Northern Ireland authority” means the Northern Ireland Authority for Energy Regulation;

• “Northern Ireland supplier” means an electricity supplier within the meaning of Part 7 of the Energy (Northern Ireland) Order 2003.]

(9) An order under this section shall not be made unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.]

Textual Amendments

F1 S. 32 substituted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 62; S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F2 S. 32(1) amendment to earlier affecting provision SI 1995/1750 Sch. 1 (15.12.2006) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 3) Order 2006 (S.I. 2006/3258), arts. 1(2), 3(1) (with art. 5)

F3 Words in s. 32(3) substituted (5.10.2004) by Energy Act 2004 (c. 20), ss. 119(1), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F4 Words in s. 32(3) substituted (5.10.2004) by Energy Act 2004 (c. 20), ss. 115(1), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F5 Words in s. 32(5) inserted (21.8.2006) by Climate Change and Sustainable Energy Act 2006 (c. 19), ss. 24(1), 28(1)

F6 S. 32(7)(d) substituted (5.10.2004) by Energy Act 2004 (c. 20), ss. 119(2), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F7 S. 32(8A) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 119(3), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 S. 32 functions transferred to Scottish Ministers (S.) by virtue of S.I. 2000/3253, arts. 1(3)(a), 2, Sch. (with art. 6) (as amended (15.12.2006) by S.I. 2006/3258, arts. 1(2), 3(3) (with art. 5))

C2 S. 32 saved (E.W.) (1.10.2001) by S.I. 2000/2727, art. 8A (as inserted (1.10.2001) by S.I. 2001/3268, art. 2(11))

C3 S. 32 saved (S.) (1.10.2001) by S.I. 2001/3269, art. 7

C4 S. 32(7) modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 115(6), 116(8), 117(2), 118(2), 119(7), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

C5 S. 32(7): transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 1, Sch. (with art. 6) (as amended (15.12.2006) by S.I. 2006/3258, arts. 1(2), 3(5) (with art. 5))

Marginal Citations

M1 1976 c. 76.