# The Renewable Transport Fuel Obligations (Sustainable Aviation Fuel) Order 2024, Note: Explanatory note


(This note is not part of the Order)
This Order implements Chapter 5 of Part 2 of the Energy Act 2004, and imposes an obligation on aviation fuel suppliers that supply aviation turbine fuel in the United Kingdom to produce evidence that a specified amount of sustainable aviation fuel has been supplied in the United Kingdom (the “SAF obligation”) (Part 2).
Part 3 makes the Secretary of State the Administrator under the Order (article 5) and makes provision for the administration and management of accounts for suppliers to ensure a record is kept of obligations and certificates (articles 6, 8 and 9). This Part also places specific duties on the Administrator in respect of the processing and collection of information, provision of guidance and determining feedstock eligibility (articles 10, 11, 14 and 15), and provides the Administrator with powers to enable it to fulfil those duties (articles 7, 12 and 14).
Part 4 sets out the application requirements for SAF (sustainable aviation fuel) certificates (article 16) along with the requirements for verifiers’ reports and declarations (article 17). This Part also provides for the issue of SAF certificates to suppliers who are subject to a SAF obligation, and to other suppliers who are not obligated (article 16). These certificates can then be produced as evidence that the obligation has been discharged. Certificates may also be transferred (article 19) or revoked (article 20).
Part 5 provides for the discharge of a SAF obligation by payment in cases where a supplier has not wholly discharged the obligation by producing sufficient SAF certificates (article 21); sets a limit on the maximum amount of SAF derived from segregated oils and fats that may be counted towards meeting a supplier’s main obligation (article 22); and sets limits on the proportion of SAF certificates issued for one obligation period that may be used to discharge a supplier’s obligation in a later obligation period (article 23).
Part 6 provides for a person that contravenes certain provisions to be liable to a civil penalty (article 24). It also provides for the process of objecting to a civil penalty (article 25). Section 131 of the Energy Act 2004 provides for appeals to be made to the High Court (in England and Wales or Northern Ireland) or the Court of Session (in Scotland) where a person disputes a liability to a penalty or claims that the penalty is too high.
Part 7 makes consequential amendments to the Renewable Transport Fuel Obligations Order 2007 to remove fuel supplied for use in aircraft from that Order. This Part also amends the definition of support schemes in that Order so that the definition includes all support schemes not just those which apply within the European Economic Area and excludes investment aid, tax exemptions and reductions, and tax refunds.
Part 8 places a duty on the Secretary of State to review the regulatory provision contained in this Order every five years and publish a report setting out the conclusions of that review.
An impact assessment, in the form of a cost benefit analysis, on the effect that this Order will have on the costs of business and the voluntary sector is available from the Low Carbon Fuels Division, Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR. The impact assessment is annexed to the Explanatory Memorandum which is available alongside this Order on the UK legislation website at http://www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/ukdsi/2024/9780348262575/note (the official version)
Page: https://openlegislation.uk/draft-renewable-transport-fuel-obligations-sustainable-aviation-fuel-order-2024/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

