- Latest available (Revised)
- Point in Time (18/02/2014)
- Original (As enacted)
Point in time view as at 18/02/2014.
Energy Act 2013, Section 57 is up to date with all changes known to be in force on or before 28 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)The operator of any fossil fuel plant must secure that the emissions of carbon dioxide from it that are attributable to the use of fossil fuel do not exceed EL tonnes of carbon dioxide (“the emissions limit”) in any year, where—
and—
R is the statutory rate of emissions, in g/kWh;
C is the installed generating capacity, in MW, of the electricity generating station comprised in the fossil fuel plant.
(2)Until (and including) 2044, the statutory rate of emissions is 450 g/kWh.
(3)In this Chapter, “fossil fuel plant” means an electricity generating station which satisfies the conditions in subsection (4), together with any associated gasification plant and any associated CCS plant.
(4)Those conditions are that the generating station—
(a)is constructed pursuant to a relevant consent given or made on or after the date on which subsection (1) comes into force, and
(b)uses—
(i)fossil fuel, or
(ii)fuel produced by gasification plant.
(5)Subsection (1) is subject to—
(a)section 58, and
(b)any provision made by or under regulations made under subsection (6).
(6)The Secretary of State may by regulations—
(a)make provision about the interpretation of the duty imposed by subsection (1) (“the emissions limit duty”);
(b)make any provision mentioned in Schedule 4 (application of emissions limit duty to additional cases or subject to modifications).
(7)Regulations under subsection (6)(a) may, in particular, make provision—
(a)for determining whether gasification plant or CCS plant (including any CCS plant associated with gasification plant) is associated with a generating station;
(b)for determining the emissions from fossil fuel plant;
(c)for the use of fossil fuel—
(i)for operating plant that is ancillary to a generating station for safety purposes, or in an emergency, or
(ii)by a network generating station at a time when it is not exporting to a network,
to be disregarded for any of the purposes of this Chapter;
(d)for determining (whether by apportionment or otherwise) which emissions from fossil fuel plant are attributable to the use of fossil fuel;
(e)for determining when plant ceases to be, or to be part of, fossil fuel plant;
(f)specifying the meaning of any of the following expressions—
(i)“operator”, in relation to fossil fuel plant;
(ii)“installed generating capacity”;
(iii)“constructed pursuant to a relevant consent”, in relation to an electricity generating station;
(g)specifying any category of emissions by reference to provision made, or that may from time to time be made, by or under regulations implementing the ETS Directive.
(8)Provision that may be made by virtue of subsection (7)(d) includes provision for treating emissions attributable to the supply of heat to customers from combined heat and power plant as not being attributable to the use of fossil fuel.
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 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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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: