Sustainable Energy Act 2003

7 Use of certain money held by Gas and Electricity Markets Authority

(1) If the Secretary of State so directs, the person prescribed under section 33(1)(b) of the Electricity Act (collection of fossil fuel levy) must pay an amount into the Consolidated Fund out of money that has been paid under section 33(5A) of that Act.

(2) The total of the amounts directed to be paid under this section must not exceed £60,000,000.

(3) At any time which falls after the giving of a direction under this section, the Secretary of State is under a duty to spend the required amount for the purpose of promoting the use of energy from renewable sources.

(4) “The required amount”, for the purposes of subsection (3), is an amount of money equal to the total of the amounts that at the time in question have been paid into the Consolidated Fund under subsection (1), less the total of any amounts that the Secretary of State has already spent under subsection (3).

(5) In subsection (3) “renewable sources” means sources of energy other than fossil fuel or nuclear fuel.

(6) In subsection (5) “fossil fuel” means coal, substances produced directly or indirectly from coal, lignite, natural gas, crude liquid petroleum, or petroleum products (and “natural gas” and “petroleum products” have the same meanings as in the Energy Act 1976 (c. 76)).

(7) The Secretary of State’s duty under subsection (3) is without prejudice to any power or duty of his apart from this section to spend money for the purpose mentioned in that subsection.

(8) In this section—

(a) “the Electricity Act” means the Electricity Act 1989 (c. 29); and

(b) the references to section 33 of that Act are to that section as it has effect in England and Wales.