Explanatory note

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.