The Boiler (Efficiency) (Amendment) Regulations 2006

Statutory Instruments

2006 No. 170

ENERGY CONSERVATION

The Boiler (Efficiency) (Amendment) Regulations 2006

Made

26th January 2006

Laid before Parliament

31st January 2006

Coming into force

21st February 2006

The Secretary of State, being a Minister designated(1)for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the generation of combined heat and power, makes the following Regulations in exercise of the powers conferred upon her by that section:

Citation and commencement

1.  These Regulations may be cited as the Boiler (Efficiency) (Amendment) Regulations 2006 and come into force on 21st February 2006.

Amendment to the Boiler (Efficiency) Regulations 1993

2.—(1) The Boiler (Efficiency) Regulations 1993(3) are subject to the amendments in paragraph (2).

(2) In Part 1 of Schedule 3 (boilers and appliances to which the Regulations do not apply)—

(a) after paragraph 7, insert—

“7A.   Units that can operate in cogeneration mode, where cogeneration means the simultaneous generation in one process of thermal energy and electrical and/or mechanical energy.”;

(b) in paragraph 8, for “7” substitute “7A”.

Elliot Morley

Minister of State

Department for Environment, Food and Rural Affairs

26th January 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Article 16 of Directive 2004/8/EC of the European Parliament and of the Council on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC (OJ L 52, 21.2.2004, p.50). That Article amended Article 3(1) of Council Directive 92/42/EEC on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels (OJ L 167, 22.6.1992, p.17) as last amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p.1). The cogeneration of electricity is more commonly referred to in the United Kingdom as electricity produced from combined heat and power.

Part 1 of Schedule 3 to the Boiler (Efficiency) Regulations 1993 (S.I.1993/3083) (“the 1993 Regulations”) sets out the boilers and appliances to which those regulations do not apply. The effect of the amendment made by these Regulations is that the 1993 Regulations will not apply to units that operate in cogeneration mode, where cogeneration means the simultaneous generation in one process of thermal energy and electrical and/or mechanical energy.

A regulatory impact assessment has not been produced for this instrument, as it has no effect on the costs of business. Further details on this and a transposition note are available from The CHP Team, Sustainable Energy Policy, Energy Market Branch, Department for Environment, Food and Rural Affairs, Zone 3H20, Ashdown House, 123 Victoria Street, London SW1E 6DE and at www.defra.gov.uk/environment/energy/chp/index.htm#quality.

(1)

S.I. 2005/2766.

(2)

1972 c. 68. The power of the Minister to make regulations in relation to matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c. 46).

(3)

S.I. 1993/3083 to which there are amendments not relevant to these Regulations.