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The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2018, ISBN 9780111164242

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under sections 124(5) and 192(3) of the Energy Act 2004, section 2(8) of the Pollution Prevention and Control Act 1999, and paragraph 2(2) of Schedule 2 to the European Communities Act 1972, for approval by resolution of each House of Parliament.

Transport

Energy

Climate Change

Made 2018

Coming into force 15th April 2018

The Secretary of State, having consulted in accordance with section 124(4) of the Energy Act 2004f1 (“the 2004 Act”) and section 2(4) of the Pollution Prevention and Control Act 1999f2 (“the 1999 Act”), makes these Regulations in exercise of the powers conferred by: sections 124, 125A(1), 125B(1), 126(1) to (5), 127, 128(1) and (2), 129(1), 132(4) and 192(4) of the 2004 Actf3; sections 2 and 7(8) of, and paragraphs 1, 2, 11, 12, 17 and 21A of Schedule 1 to, the 1999 Actf4; and section 2(2) of the European Communities Act 1972f5 (“the 1972 Act”), as read with paragraph 1A of Schedule 2 to that Actf6.

The Secretary of State is a Minister designated for the purposes of section 2(2) of the 1972 Act in relation to the environmentf7 and in relation to energy and energy sourcesf8.

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears expedient to the Secretary of State for certain references to provisions of European Union instruments to be construed as references to those provisions as amended from time to time.

A draft of these Regulations was laid before Parliament in accordance with sections 124(5) and 192(3) of the 2004 Act; section 2(8) of the 1999 Act; and paragraph 2(2) of Schedule 2 to the 1972 Act, and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2004 c.20 (“the 2004 Act”).

f2

1999 c.24 (“the 1999 Act”).

f3

Sections 125A, 125B and 126(5) of the 2004 Act were inserted by section 78 of, and Schedule 7 to, the Climate Change Act 2008 (c.27). Section 192(4) of the 2004 Act was amended by section 62 of the Scotland Act 2016 (c.11).

f4

Paragraph 21A of Schedule 1 to the 1999 Act was inserted by section 38 of the Waste and Emissions Trading Act 2003 (c.33). There are other amendments to the 1999 Act which are not relevant to these Regulations.

f5

1972 c.68 (“the 1972 Act”). 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) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

f6

Paragraph 1A of Schedule 2 to the 1972 Act was inserted by section 28 of the Legislative and Regulatory Reform Act 2006. It was amended by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 and by S.I. 2007/1388.

f7

S.I. 2008/301.

f8

S.I. 2010/761.

Contents

  1. Part 1: PRELIMINARY MATTERS
  2. 1Citation and commencement
  3. 2Extent
  4. Part 2: AMENDMENT OF THE ENERGY ACT 2004
  5. 3Introductory
  6. 4Amendment of section 132 of the Energy Act 2004
  7. Part 3: RENEWABLE TRANSPORT FUEL AMENDMENTS
  8. 5Introductory
  9. 6Insertion of article 1A
  10. 7Amendment of article 2
  11. 8Amendment of article 3
  12. 9Amendment of article 4
  13. 10Revocation of article 4A
  14. 11Amendment of article 5
  15. 12Amendment of article 9
  16. 13Amendment of article 12
  17. 14Amendment of article 15
  18. 15Amendment of article 16
  19. 16Amendment of article 16A
  20. 17Amendment of article 16B
  21. 18Amendment of article 17
  22. 19Insertion of article 17A
  23. 20Substitution of article 19
  24. 21Amendment of article 20
  25. 22Amendment of article 21
  26. 23Insertion of article 21A
  27. 24Revocation and saving of article 22
  28. 25Amendment of article 23
  29. 26Revocation of Part 7
  30. 27Amendment of the Schedule
  31. Part 4: GREENHOUSE GAS EMISSIONS AMENDMENTS
  32. 28Introductory
  33. 29Amendment of regulation 2
  34. 30Amendment of regulation 3
  35. 31Amendment of regulation 4
  36. 32Amendment of regulation 5
  37. 33Amendment of regulation 6
  38. 34Insertion of Part 2A
  39. 35Amendment of regulation 7
  40. 36Amendment of regulation 8
  41. 37Amendment of regulation 9
  42. 38Amendment of regulation 10
  43. 39Amendment of regulation 12
  44. 40Substitution of regulation 13
  45. 41Amendment of regulation 14
  46. 42Amendment of regulation 15
  47. 43Insertion of regulation 15A
  48. 44Amendment of regulation 16
  49. 45Insertion of Part 3A
  50. 46Amendment of regulation 17
  51. 47Amendment of regulation 18
  52. 48Amendment of regulation 25
  53. 49Substitution of regulation 26
  54. 50Insertion of Schedule
  55. Signature
  56. Explanatory note