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The Renewable Heat Incentive (Amendment to the Energy Act 2008) Regulations 2011

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Statutory Instruments

2011 No. 2195

Energy

The Renewable Heat Incentive (Amendment to the Energy Act 2008) Regulations 2011

Made

5th September 2011

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 100(5) of the Energy Act 2008(1).

In accordance with section 105(3) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

In accordance with section 100(7) of that Act, the Secretary of State has obtained the consent of the Scottish Ministers to the making of these Regulations.

Citation and commencement

1.  These Regulations may be cited as the Renewable Heat Incentive (Amendment to the Energy Act 2008) Regulations 2011 and come into force on the day after the day on which they are made.

Amendments to section 100 of the Energy Act 2008

2.—(1) Section 100 of the Energy Act 2008 is amended as follows.

(2) In section 100(3)—

(a)for the definition of “biogas”, substitute—

““biogas” means gas produced by the anaerobic or thermal conversion of biomass;”;

(b)in the definition of “biomass”, after “fossil fuel” insert “or peat”.

(3) In section 100(4), at the end insert—

“(i)biogas.”.

Gregory Barker

Minister of State

Department of Energy and Climate Change

5th September 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend section 100 of the Energy Act 2008.

Regulation 2 amends the definitions of “biogas” and “biomass” contained in subsection (3) and modifies the list of sources of energy and technologies set out in subsection (4) to include biogas.

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

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