The Promotion of the Use of Energy from Renewable Sources Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations transpose Articles 3(1), 3(2), 13(5), 14 and 16(4) of Directive 2009/28/EC of the European Parliament and of the Council of 23rd April 2009 on the promotion of the use of energy from renewable sources (“the Directive”).

Regulation 3 sets a target of at least 15% for the share of energy from renewable sources in the United Kingdom in 2020.

Regulation 4(1) imposes a duty on the Secretary of State to introduce measures effectively designed to ensure the indicative targets as set out in the Schedule are met. Regulations 4(2) and 4(3) modify that duty in the event that an indicative target is missed.

Regulations 5 and 6 require a review to be carried out, at least once every two years, of the rules for the apportionment of the costs of the grid adaptations which are necessary to enable new renewable generating stations to connect to a grid. After each review, regulations 5 and 6 require the publication of a statement as to the measures considered to be necessary to improve those rules.

Regulations 7 and 8 impose duties on the Secretary of State and on the Department of Enterprise, Trade and Investment to ensure that measures are taken to inform the public of the benefits and practicalities of generating and using energy from renewable sources and to make available certain information.

Regulation 9 imposes a duty on the Secretary of State, the Department of the Environment in Northern Ireland and the Welsh Ministers to ensure that certain guidance is available.

Regulation 10 imposes a duty on the Secretary of State and on the Department of Enterprise, Trade and Investment to ensure that guidance is available about any support scheme made by them. Support scheme is defined as having the meaning given by the Directive.

Regulation 11 imposes a duty on the Secretary of State, the responsible Northern Ireland Department(s) and the Welsh Ministers to take such steps as they consider appropriate to ensure certain public buildings fulfil an exemplary role in the context of the Directive.

Regulation 12 imposes duties on the Secretary of State and on the Department for Enterprise, Trade and Investment to ensure that certification or qualification schemes for installers of certain small scale equipment are established by 31st December 2012, and to make available such information with respect to those schemes as they consider appropriate.

Regulation 13 requires Ministers, government departments, public bodies and persons holding a public office to recognise certification issued, by an EEA State, in accordance with the criteria set out in Annex 4 to the Directive. That annex sets out criteria for certification schemes for installers of small-scale biomass boilers and stoves, solar photovoltaic and solar thermal systems, shallow geothermal systems and heat pumps.

A full regulatory impact assessment has not been produced for this instrument. A transposition note is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.