- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Exiting The European Union
Electricity
Energy Conservation
Sift requirements satisfied
11th October 2022
Made
28th November 2022
Laid before Parliament
29th November 2022
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018(1).
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
1.—(1) These Regulations may be cited as the Guarantees of Origin of Electricity Produced from Renewable Energy Sources and High-efficiency Cogeneration (Amendment) (EU Exit) Regulations 2022.
(2) This Part and Part 3 come into force on 1st January 2023.
(3) Part 2 comes into force on 1st April 2023.
(4) These Regulations extend to England and Wales and to Scotland.
2. The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003(2) are amended in accordance with regulations 3 to 5.
3.—(1) Regulation 2 is amended as follows.
(2) In paragraph (1)—
(a)in the definition of “guarantee of origin” omit “a member State or”;
(b)omit the definition of “non-Great Britain authority”;
(c)after the definition of “hydrothermal energy” insert—
““Northern Ireland authority” means a person in Northern Ireland corresponding to a competent authority;”.
4.—(1) Regulation 4 is amended as follows.
(2) In paragraph (5)(b) omit “a member State or”.
5.—(1) Regulation 9 is amended as follows.
(2) In paragraph (2) omit sub-paragraph (a).
(3) In paragraph (3)—
(a)in the opening words omit “a member State or”;
(b)in sub-paragraph (a) for “non-Great Britain authority” substitute “Northern Ireland authority”.
(4) In paragraph (4)(a) for “non-Great Britain authority” substitute “Northern Ireland authority”.
(5) In paragraph (5) omit “a member State or”.
(6) In paragraph (6) omit “a member State or”.
6. The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007(3) are amended in accordance with regulations 7 and 8.
7.—(1) Regulation 2 is amended as follows.
(2) In regulation 2—
(a)omit the definition of “Energy Efficiency Directive”;
(b)in the definition of “guarantee of origin” for “(3) to (5)” substitute “(3) and (4)”.
8. In regulation 10 omit paragraphs (3)(a) and (5).
Graham Stuart
Minister of State for Energy and Climate
Department for Business, Energy and Industrial Strategy
28th November 2022
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address deficiencies in retained EU law (in particular under section 8(2)(c)).
Part 2 amends the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 (S.I. 2003/2562) (the “2003 Regulations”). The 2003 Regulations provide for the Gas and Electricity Markets Authority to issue guarantees of origin (“GOOs”) in respect of electricity generated from renewable energy sources.
Part 3 amends the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 (S.I. 2007/292) (the “2007 Regulations”). The 2007 Regulations provide for the Secretary of State for Business, Energy and Industrial Strategy to issue GOOs in respect of electricity produced from high efficiency cogeneration (known in the UK as Combined Heat and Power).
As of 1st January 2021 and as a result of the UK’s withdrawal from the European Union, GOOs issued in the UK are no longer recognised by EU member States. However, the UK continued to recognise GOOs issued in EU member States. These Regulations remedy this deficiency by removing the obligations to recognise GOOs issued in an EU member State and by removing references to such GOOs being recognised.
An impact assessment has not been produced for these Regulations as no significant impact on business or the public or voluntary sectors is foreseen.
S.I. 2003/2562; relevant amending instruments are S.I. 2010/2715 and 2018/1093.
S.I. 2007/292; relevant amending instruments are S.I. 2014/1403 and 2018/1206. S.I. 2018/1206 was amended by S.I. 2020/849.
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.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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: