Energy Act 2004

132 Interpretation of Chapter 5 of Part 2 U.K.

(1) In this Chapter—

• [F1 “Administrator” means the person for the time being appointed as the Administrator by order under this Chapter; ]

• [F2 “authorised person” has the meaning given by section 131A(3); ]

• “biofuel” means liquid or gaseous fuel that is produced wholly from biomass;

• “blended biofuel” means liquid or gaseous fuel consisting of a blend of biofuel and fossil fuel;

• “civil penalty notice” has the meaning given by section 129(2);

• [F2 “enactment” includes—

  (a)

  an enactment contained in subordinate legislation,

  (b)

  an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,

  (c)

  an enactment contained in, or in an instrument made under, Northern Ireland legislation, and

  (d)

  an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;]

• “renewable transport fuel” means—

  (a)

  biofuel;

  (b)

  blended biofuel;

  (c)

  any solid, liquid or gaseous fuel (other than fossil fuel or nuclear fuel) which is produced—

  (i)

  wholly by energy from a renewable source; or

  (ii)

  wholly by a process powered wholly by such energy; or

  (d)

  any solid, liquid or gaseous fuel which is of a description of fuel designated by an RTF order as renewable transport fuel;

• “renewable transport fuel obligation” has the meaning given by section 124(1);

• “RTF order” has the meaning given by section 124(3);

• “specified” means specified in, or determined in accordance with, an RTF order;

• “supply” means, in relation to fuel, the supply of that fuel to any person with a view to its being used (whether by that person or persons to whom it is subsequently supplied) wholly or primarily for transport purposes;

• “transport fuel” means—

  (a)

  renewable transport fuel;

  (b)

  fossil fuel; or

  (c)

  any solid, liquid or gaseous fuel that is neither renewable transport fuel nor fossil fuel;

• “transport fuel supplier” means a person who, in the course of any business of his, supplies transport fuel at or for delivery to places in the United Kingdom.

(2) For the purposes of this section a process powered by electricity that was generated by energy from a particular source is to be treated as being powered by energy from that source.

[F3 (3) For the purposes of this section fuel is used for transport purposes if—

(a) it is used as fuel for one or more of the following—

(i) any mode of transport, including vehicles, vessels, aircraft and trains;

(ii) recreational craft which do not normally operate at sea;

(iii) agricultural or forestry tractors;

(iv) non-road mobile machinery, including inland waterway vessels which do not normally operate at sea; or

(b) it is used for producing fuel that is intended to be so used.]

[F4 (3A) For the purposes of subsection (3) “sea”—

(a) includes tidal rivers and estuaries;

(b) does not include—

(i) non-tidal rivers and canals where the significant wave height could not be expected to exceed 0.6 metres at any time; and

(ii) lakes and lochs where the significant wave height could not be expected to exceed 1.2 metres at any time.]

(4) In this section—

• [F5 “agricultural or forestry tractor” has the meaning given by Article 1 of Directive 2000/25/EC of the European Parliament and of the Council of 22 May 2000 on action to be taken against the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors;]

• “biomass” means the biodegradeable portion of a specified product, waste or residue;

• “fossil fuel” has the same meaning as in [F6 section 32M] of the 1989 Act;

• [F5 “inland waterway vessel” has the meaning given by Article 2 of Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (“Directive 97/68”);]

• [F5 “non-road mobile machinery” has the meaning given by Article 2 of Directive 97/68;]

• [F5 “recreational craft” has the meaning given by Article 1(3) of Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft;]

• “renewable source” means, in relation to energy, any of the following sources of energy—

  (a)

  wind;

  (b)

  solar heat;

  (c)

  water (including waves and tides);

  (d)

  geothermal sources; or

  (e)

  biomass.

Textual Amendments

F1 Words in s. 132(1) substituted (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 7 para. 7(2)

F2 Words in s. 132(1) inserted (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 7 para. 7(3)

F3 S. 132(3) substituted (4.12.2012) by The Energy Act 2004 (Amendment) Regulations 2012 (S.I. 2012/2723), regs. 1, 3

F4 S. 132(3A) inserted (4.12.2012) by The Energy Act 2004 (Amendment) Regulations 2012 (S.I. 2012/2723), regs. 1, 4

F5 Words in s. 132(4) inserted (4.12.2012) by The Energy Act 2004 (Amendment) Regulations 2012 (S.I. 2012/2723), regs. 1, 5

F6 Words in s. 132(4) substituted (1.4.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 5 para. 19; S.I. 2009/45, art. 3(c)(i)

Commencement Information

I1 S. 132 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1