- Latest available (Revised)
- Point in Time (26/10/2023)
- Original (As enacted)
Point in time view as at 26/10/2023.
Electricity Act 1989, Section 32Z2 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In this section and sections 32N to 32Z1 (“the relevant sections”), the following terms have the meanings given in section 32M(1)—
“fossil fuel” (but see subsection (4));
“generated”;
“Northern Ireland authority”;
“Northern Ireland supplier”;
“renewables obligation certificate”;
“renewables obligation order”.
(2)In the relevant sections—
“administrator”, in relation to the certificate purchase levy, is to be construed in accordance with section 32P(7) to (10);
“banding provision” is to be construed in accordance with section 32V(3);
“CFD counterparty” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2013 (see section 7 of that Act);
“certificate purchase levy” is to be construed in accordance with section 32P;
“certificate purchase order” is to be construed in accordance with section 32N;
“the certificate purchase obligation” is to be construed in accordance with section 32N(3);
“distribution system” includes a distribution system within the meaning of Part 2 of the Electricity (Northern Ireland) Order 1992, and “distributing” is to be construed accordingly;
“GB certificate” is to be construed in accordance with section 32S;
“NI certificate” is to be construed in accordance with section 32T;
“the Northern Ireland department” means the Department of Enterprise, Trade and Investment;
“Northern Ireland RO certificate” means a certificate issued by the Northern Ireland authority in accordance with provision included in an order under Article 52 of the Energy (Northern Ireland) Order 2003;
“the purchasing body of GB certificates” is to be construed in accordance with section 32N(4);
“the purchasing body of NI certificates” is to be construed in accordance with section 32N(5);
“relevant authority” means—
in relation to GB certificates, the Authority;
in relation to NI certificates, the Northern Ireland authority;
“relevant purchasing body” means—
in relation to GB certificates, the purchasing body of GB certificates;
in relation to NI certificates, the purchasing body of NI certificates;
“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”, in relation to a certificate purchase order, means specified in the order;
“transmission system” includes a transmission system within the meaning of Part 2 of the Electricity (Northern Ireland) Order 1992, and “transmitting” is to be construed accordingly.
(3)For the purposes of the definition of “renewable sources”, a certificate purchase order may make provision—
(a)about what constitutes “waste”;
(b)about how the proportion of waste which is, or is derived from, fossil fuel is to be determined;
(c)about what, subject to such exceptions as may be specified, constitutes sufficient evidence of that proportion in any particular case;
(d)authorising the relevant authority, in specified circumstances, to require an operator of a generating station to arrange—
(i)for samples of any fuel used (or to be used) in the generating station, or of any gas or other substance produced as a result of the use of such fuel, to be taken by a person, and analysed in a manner, approved by the relevant authority;
(ii)for the results of that analysis to be made available to the relevant authority.
(4)In the application of the relevant sections to Northern Ireland, “fossil fuel” includes peat.
(5)In the relevant sections “Northern Ireland” does not include any part of the territorial sea of the United Kingdom, but this is subject to subsection (6).
(6)A certificate purchase order may provide that “Northern Ireland” includes the territorial sea adjacent to Northern Ireland.
(7)An Order in Council under section 98(8) of the Northern Ireland Act 1998 (apportionment of sea areas) has effect for the purposes of this section if, or to the extent that, the Order is expressed to apply—
(a)by virtue of this subsection, for those purposes, or
(b)if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.
(8)References in the relevant sections to the supply of electricity to customers in Northern Ireland are to be construed in accordance with the definition of “supply” in Article 3 of the Electricity (Northern Ireland) Order 1992.
(9)A certificate purchase order may make provision, for the purposes of the relevant sections, about the circumstances in which electricity is to be regarded as having been supplied—
(a)to customers in Great Britain;
(b)to customers in Northern Ireland.]
Textual Amendments
F1Ss. 32N-32Z2 inserted (18.2.2014) by Energy Act 2013 (c. 32), ss. 56(2), 156(2)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Part you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Part you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: