This Order is made by the Secretary of State in exercise of the powers conferred by sections 32(1) and (2), 32A(1), (2)(f) and (g), 32C(1), (2), (3) and (5), 32J(3) and 32K(1) and (3) of the Electricity Act 1989() (“the 1989 Act”) and section 2(2) of the European Communities Act 1972() (“the 1972 Act”) (as read with paragraph 1A of Schedule 2 to the 1972 Act()).
The Secretary of State is a Minister designated() for the purposes of section 2(2) of the 1972 Act in relation to energy and energy sources.
This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for the references to Annex 5 to Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources() in Schedule A1 inserted by this Order into the Renewables Obligation Order 2009() to be construed as references to Annex 5 to the Directive as amended from time to time.
The Secretary of State has consulted the Gas and Electricity Markets Authority(), the National Consumer Council(), electricity suppliers to whom this Order applies, and such generators of electricity from renewable sources and other persons as considered appropriate in accordance with section 32L(1) of the 1989 Act.
In accordance with section 32L(2) of the 1989 Act and paragraph 2(2) of Schedule 2 to the 1972 Act a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Accordingly the Secretary of State makes the following Order: