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Make
provision about the microgeneration of electricity; to provide
for small |
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renewable energy developments
to be classed as permitted development; and |
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to provide for a renewables
obligation for public suppliers of energy other |
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than electricity suppliers. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Metering
for domestic microgeneration |
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(1) |
The Secretary of State may
by order establish a scheme to allow electricity |
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produced by domestic microgeneration
to be sold. |
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(2) |
If the Secretary of State
makes an order under subsection (1), a licensed |
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electricity supplier may
only supply electricity to a domestic customer if that |
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5 |
supplier also undertakes
to buy at the market rate any electricity produced by |
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that customer by microgeneration. |
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2 |
Microgeneration:
local authority targets |
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(1) |
The Secretary of State must
require each local authority with planning control |
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responsibility to set a target
for electricity microgeneration in their authority |
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and may from time to time
require local authorities to revise their targets. |
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(2) |
The targets are to be published
as part of the Secretary of State’s |
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microgeneration strategy
under section 82 of the Energy Act
2004 (c. 20) |
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3 |
Small
renewable energy development |
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(1) |
The Secretary of State shall
by order amend Schedule 2 of the Town and |
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Country Planning (General
Permitted Development) Order 1995 (S.I. 1995/ |
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418) to provide that a “small
renewable energy development” is classed as a |
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permitted development within
the meaning of that Order. |
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(2) |
A
development is a “small renewable energy development”
if it meets the |
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criteria set out in subsections
(3) and (4). |
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(3) |
The first criterion is that
the source of energy or technology is one of the |
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(d) |
combined heat and power system. |
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(4) |
The second criterion is that
the capacity of the development is— |
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(a) |
in relation to the generation
of electricity, 10 kilowatts or less; and |
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(b) |
in relation to the generation
of heat, 9 kilowatts thermal or less. |
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(5) |
In making an order under
subsection (1), the Secretary of State may make |
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provision about conditions
relating to the environmental impact of a small |
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renewable energy development
for it to be classed as a permitted |
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development, including provision
about appearance and noise. |
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4 |
Energy
from non-fossil fuel sources |
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(1) |
The Secretary of State may,
after consultation with the suppliers concerned, by |
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order require each public
supplier of energy in England and Wales or each |
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such supplier in Scotland,
before a day specified in the order, to make (in so far |
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as he has not already done
so) and produce evidence showing that he has |
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(b) |
or where a previous order
under this subsection has had effect in |
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relation to him, such additional
arrangements, |
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as
will secure the result mentioned in subsection (2) below. |
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(2) |
The result referred to in
subsection (1) above is that, for a period specified in |
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the order, there will be
available to the public supplier of energy— |
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(a) |
from non-fossil fuel sources
or generating stations; or |
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(b) |
if the order so provides,
from non-fossil fuel sources or generating |
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stations of any particular
description, |
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an
aggregate amount of generating capacity which is not less than
that |
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specified in relation to
him in the order; and an order under subsection (1) |
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above may make different
provision for different suppliers. |
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(3) |
A public energy supplier
who— |
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(a) |
fails to comply with an order
under subsection (1) above; or |
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(b) |
having complied with such
an order, by any act or omission of his |
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prevents the arrangements
made by him from securing the result |
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mentioned in subsection (2)
above, |
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shall
be liable on conviction on indictment to a fine. |
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(4) |
No proceedings shall be
instituted in England and Wales in respect of an |
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offence under this section
except by or on behalf of the Secretary of State. |
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(5) |
The Secretary of State may
by regulations make further provision about the |
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operation of this section,
including making provision for a similar obligation to |
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apply to public suppliers
of energy as that imposed on electricity suppliers by |
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section 32 of the Electricity
Act 1989 (c. 29) and the Renewables Obligation |
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Order 2002 (S.I. 2002/914). |
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“licensed electricity
supplier” means a supplier licensed under Part 1 of |
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the Electricity
Act 1989 (c. 29); |
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“microgeneration”
has the same meaning as in section 82 of the Energy
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Act
2004 (c. 20) (microgeneration); |
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“domestic” includes
householders and community groups; |
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“public supplier of
energy” includes— |
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(a) |
a public gas supplier
within the meaning of Part 1 of the Gas
Act |
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(b) |
any supplier of heating
oil so designated by the Secretary of |
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but excludes licensed electricity suppliers. |
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6 |
Subordinate
legislation |
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(1) |
Any power to make an order
or regulations under this Act is exercisable by |
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(2) |
A statutory instrument containing
an order or regulations under this Act is |
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subject to annulment in pursuance
of a resolution of either House of |
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20 |
(1) |
This Act may be cited as
the Renewable Energy Act 2005. |
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(2) |
This Act extends to the United
Kingdom. |
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