Introductory text

Draft Order laid before Parliament under sections 124(5) and 192(3) of the Energy Act 2004, and paragraph 2(2) of Schedule 2 to the European Communities Act 1972, for approval by resolution of each House of Parliament.

Transport

Energy

Sustainable And Renewable Fuels

Made XXth December 2011

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 124, 125A(1), 125B(1), 125C(1) and (5)(e), 126(1) to (5), 127, 128, 129(1) to (3), 130(2) and (5), 132(1) and 192(4) of the Energy Act 2004^f1 (“the 2004 Act”) and by section 2(2) of, and paragraph 1A(1) of Schedule 2 to, the European Communities Act 1972^f2 (“the 1972 Act”).

The Secretary of State is a Minister designated^f3 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 any reference in this Order to Annex V to Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources^f4 to be construed as a reference to that Annex as amended from time to time.

In accordance with section 124(4) of the 2004 Act, the Secretary of State has consulted such persons appearing to him to represent persons whose interests will be affected by this Order, and such other persons, as he considers appropriate.

A draft of this Order was laid before Parliament in accordance with sections 124(5) and 192(3) of the 2004 Act and paragraph 2(2) of Schedule 2 to the 1972 Act and approved by a resolution of each House.

Annotations

Footnotes

f1: 2004 c.20; sections 125A(1), 125B(1) and 125C(1) and (5)(e) were inserted by the Climate Change Act 2008 (c.27), section 78, Schedule 7, paragraphs 1 and 2; section 126(5) was inserted by the Climate Change Act 2008, section 78, Schedule 7, paragraphs 1 and 3; section 128(6) to (10) was inserted by the Climate Change Act 2008, section 78, Schedule 7, paragraphs 1 and 4.
f2: 1972 c.68; section 2(2) of the 1972 Act was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7); paragraph 1A(1) of Schedule 2 to the 1972 Act was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and subsequently amended by section 3(3) and Part 1 of the Schedule to the European Union (Amendment) Act 2008.
f3: S.I. 2010/761.
f4: OJ No L 140, 5.6.2009, p16.