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The Sale of Electricity by Local Authorities (Scotland) Regulations 2010

S.I. 2010/1908 · Made 26 July 2010

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.

Local Government, Scotland

Made 26th July 2010

Laid before Parliament 27th July 2010

Coming into force 18th August 2010

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 170A(3)f1 of the Local Government (Scotland) Act 1973f2.

Annotations to the whole text

Footnotes

f1

See section 235 for the definition of “prescribed”.

f2

1973 c.65.

Contents

  1. 1Citation and commencement
  2. 2Exception from the restriction on selling electricity in section 170A(3) of the Local Government (Scotland) Act 1973
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Sale of Electricity by Local Authorities (Scotland) Regulations 2010 and come into force on 18th August 2010.

2Exception from the restriction on selling electricity in section 170A(3) of the Local Government (Scotland) Act 1973

For the purpose of section 170A(3) of the Local Government (Scotland) Act 1973, a local authority shall be entitled to sell electricity produced from the following sources—

(a)

wind;

(b)

solar;

(c)

aerothermal;

(d)

geothermal;

(e)

hydrothermal and ocean energy;

(f)

hydropower;

(g)

biomass;

(h)

landfill gas;

(i)

sewage treatment plant gas; and

(j)

biogases.

Signature

Chris Huhne

Secretary of State,

Department of Energy and Climate Change

26th July 2010

Explanatory note

(This note is not part of the Regulations)

Pursuant to section 170A(1) and (3) of the Local Government (Scotland) Act 1973 local authorities in Scotland are only entitled to sell electricity produced in association with heat and waste unless regulations provide otherwise. These Regulations provide that local authorities in Scotland can also sell electricity which is produced from the following renewable sources: wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogases.

In accordance with section 170A(2) of the Local Government (Scotland) Act 1973, local authorities in Scotland remain subject to the requirements of Part I of the Electricity Act 1989 (1989 c.29).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.