Electricity Act 1989

Changes over time for: Section 41A

Version Superseded: 18/12/2011

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Point in time view as at 26/01/2009. This version of this provision has been superseded.

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Electricity Act 1989, Section 41A is up to date with all changes known to be in force on or before 24 November 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.

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[F341A[F1Promotion of reductions in carbon emissions: [F2electricity generators,] electricity distributors and electricity suppliers]E+W+S

(1)The Secretary of State may by order impose—

[F4(za)on each electricity generator (or each electricity generator of a specified description);]

(a)on each electricity distributor (or each electricity distributor of a specified description); and

(b)on each electricity supplier (or each electricity supplier of a specified description),

an obligation to achieve, within a specified period and in accordance with the order, the [F5carbon emissions reduction target] to be determined by the Authority under the order for that [F6generator,] distributor or supplier (and that obligation is referred to in this section as [F7a “carbon emissions reduction obligation”]).

[F8(1A)The power to make orders under this section may be exercised so as to impose more than one carbon emissions reduction obligation on a person in relation to the same period or to periods that overlap to any extent.]

[F9(2)In this section “carbon emissions reduction target” means a target for the promotion of any of the following—

(a)measures for improving energy efficiency, that is to say, efficiency in the use by consumers of electricity, gas conveyed through pipes or any other source of energy which is specified in the order;

(b)if the order so provides—

(i)measures for increasing the amount of electricity generated, or heat produced, by microgeneration;

(ii)any other measures of a description specified in the order for increasing the amount of electricity generated, or heat produced, using low-emissions sources or technologies;

(iii)measures for reducing the consumption of such energy as is mentioned in paragraph (a).]

(3)An order under this section may specify criteria by reference to which the Authority is to determine [F10carbon emissions reduction targets] for the [F11electricity generators,] electricity distributors or electricity suppliers on whom obligations are imposed by the order.

(4)The Secretary of State and the Authority shall carry out their respective functions under this section in the manner he or it considers is best calculated to ensure that [F12—

(a)no electricity generator is unduly disadvantaged in competing with other electricity generators,

(b)no electricity distributor is unduly disadvantaged in competing with other electricity distributors, and

(c)no electricity supplier is unduly disadvantaged in competing with other electricity suppliers.]

(5)The order may make provision generally in relation to the [F13carbon emissions reduction obligations] which it imposes, including in particular provision—

(a)as to the treatment of persons who become [F14electricity generators,] electricity distributors or electricity suppliers after the beginning of the period to which the order relates;

(b)as to the action which qualifies for the purpose of meeting the whole or any part of [F15a carbon emissions reduction target];

[F16(ba)requiring the whole or any part of a carbon emissions reductions target to be met by action relating to—

(i)persons of a specified description,

(ii)specified areas or areas of a specified description, or

(iii)persons of a specified description in specified areas or areas of a specified description;]

(c)as to the method by which improvements in energy efficiency[F17, increases in the amount of electricity generated, or heat produced, by microgeneration or otherwise using low-emissions sources or technologies or reductions in energy consumption] attributable to any qualifying action are to be assessed;

(d)requiring [F18generators,] distributors and suppliers to give to the Authority specified information, or information of a specified nature, about their proposals for complying with their [F19carbon emissions reduction obligations];

(e)requiring the Authority to determine—

(i)whether any proposed action qualifies for the purpose of achieving the whole or any part of a person’s [F20carbon emissions reduction target]; and

(ii)if so, what improvement in energy efficiency[F21, increase in the amount of electricity generated, or heat produced, by microgeneration or otherwise using low-emissions sources or technologies or reduction in energy consumption] is to be attributed for that purpose to the proposed action or to any result of that action specified in the determination; and

(f)requiring [F22generators,] distributors or suppliers to produce to the Authority evidence of a specified kind demonstrating that they have complied with their [F23carbon emissions reduction obligations].

(6)The order may make provision authorising the Authority to require a [F24generator,] distributor or supplier to provide it with specified information, or information of a specified nature, relating to—

(a)his proposals for complying with his [F25carbon emissions reduction obligation]; or

(b)the question whether he has complied with that obligation.

(7)The order may make provision as to circumstances in which—

(a)a person’s [F26carbon emissions reduction target] may be altered during the period to which the order relates;

(b)the whole or any part of a person’s [F26carbon emissions reduction target] may be treated as having been achieved by action taken otherwise than by or on behalf of that person;

(c)any action taken before the period to which the order relates may be treated as qualifying action taken during that period;

(d)the whole or any part of a person’s [F27carbon emissions reduction target] may be transferred to another [F28electricity generator,] electricity distributor or electricity supplier or to a gas transporter or gas supplier (within the meaning of Part I of the M1Gas Act 1986); or

(e)a person may carry forward the whole or any part of his [F27carbon emissions reduction target] for the period to which the order relates to a subsequent period.

(8)The order may—

(a)provide for exceptions from any requirement of the order;

(b)provide that any specified requirement contained in it is to be treated as a relevant requirement for the purposes of this Part;

(c)make supplementary, incidental and transitional provision; and

(d)subject to subsection (4), make different provision for different cases (including different provision in relation to different [F29generators,] distributors or suppliers).

(9)The order may include provision for treating the promotion of the supply to premises of—

(a)electricity generated by a generating station which is operated for the purposes of producing heat, or a cooling effect, in association with electricity;

(b)heat produced in association with electricity or steam produced from (or air or water heated by) such heat;

(c)any gas or liquid subjected to a cooling effect produced in association with electricity,

as promotion of energy efficiency.

(10)No person shall be required by virtue of this section to provide any information which he could not be compelled to give in evidence in civil proceedings in the High Court or, in Scotland, the Court of Session.

[F30(10A)An order under this section shall not include provision made by virtue of subsection (2)(b) which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.]

(11)Before making an order under this section the Secretary of State shall consult the Authority, the Council, [F31electricity generators,] electricity distributors and electricity suppliers and such other persons as he considers appropriate.

(12)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.

[F32(13)In this section—

“microgeneration” has the same meaning as in the Climate Change and Sustainable Energy Act 2006;
“plant” includes any equipment, apparatus or appliance.
[F33“specified” means specified in the order.]

(14)For the purposes of subsection (2)(b)(ii), electricity is generated, or heat is produced, using low-emissions sources or technologies if it is generated, or produced, by plant which relies wholly or mainly on a source of energy or a technology mentioned in section 26(2) of the Climate Change and Sustainable Energy Act 2006.]]

Textual Amendments

F1S. 41A heading substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 5(2); S.I. 2007/538, art. 2

F2Words in s. 41A heading inserted (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 8 para. 3(12)

F3S. 41A inserted (1.10.2001) by 2000 c. 27, ss. 70, 198(2); S.I. 2001/3266, art. 2, Sch. (with arts. 3-20)

F4S. 41A(1)(za) inserted (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 8 para. 3(2)(a)

F5Words in s. 41A(1) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), ss. 16(2)(a), 28(3); S.I. 2007/538, art. 2

F6Word in s. 41A(1) inserted (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 8 para. 3(2)(b)

F7Words in s. 41A(1) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), ss. 16(2)(b), 28(3); S.I. 2007/538, art. 2

F8S. 41A(1A) inserted (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 8 para. 3(3)

F9S. 41A(2) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), ss. 16(3), 28(3); S.I. 2007/538, art. 2

F10Words in s. 41A(3) substituted (28.2.2007) by Climate Change and Sustainable Energy Act 2006 (c. 19), s. 28(3), Sch. para. 5(3); S.I. 2007/538, art. 2

F11Words in s. 41A(3) inserted (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 8 para. 3(4)