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) F4 ... 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.]

[F5 (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—

• F6 ...

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

• “fossil fuel” has the same meaning as in [F7 section 32M] of the 1989 Act;

• [F8 “inland waterway vessel” means an inland waterway vessel, within the meaning given by Article 3(c) of the 2016 Directive, to which that Directive applies (see Article 2 of the 2016 Directive); and in this definition “the 2016 Directive” means Directive EU 2016/1629 of the European Parliament and of the Council of 14 September 2016 laying down technical requirements for inland waterway vessels;]

• [F9 “non-road mobile machinery” means non-road mobile machinery, within the meaning given by Article 3(1) of the 2016 Regulation, which has installed in it an engine within a category set out in paragraph 1 of Article 4 of that Regulation; and in this definition “the 2016 Regulation” means Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery;]

• [F10 “recreational craft” has the meaning given by Article 3(2) of Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft;]

• [F11 “renewable source”, in relation to energy, means any of the following non-fossil sources of energy, namely wind, the sun, aerothermal sources, geothermal sources, water (including hydrothermal sources, waves and tides) and biomass (including landfill gas, sewage treatment plant gas and biogases), where—

  (a)

  “aerothermal” means energy stored in the form of heat in the ambient air;

  (b)

  “geothermal” means energy stored in the form of heat beneath the surface of solid earth; and

  (c)

  “hydrothermal” means energy stored in the form of heat in surface water;]

• [F12 “tractor” has the meaning given by Article 3(8) of Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles.]

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 Words in s. 132(3)(a)(iii) omitted (15.4.2018) by virtue of The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 4(2)

F5 S. 132(3A) inserted (4.12.2012) by The Energy Act 2004 (Amendment) Regulations 2012 (S.I. 2012/2723), regs. 1, 4

F6 Words in s. 132(4) omitted (15.4.2018) by virtue of The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 4(3)(a)

F7 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)

F8 Words in s. 132(4) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 4(3)(b)

F9 Words in s. 132(4) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 4(3)(c)

F10 Words in s. 132(4) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 4(3)(d)

F11 Words in s. 132(4) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 4(3)(e)

F12 Words in s. 132(4) inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 4(3)(f)

Commencement Information

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