Statutory Instruments
Local Government, England And Wales
Made
26th July 2010
Laid before Parliament
27th July 2010
Laid before the National Assembly for Wales
27th July 2010
Coming into force
18th August 2010
1. These Regulations may be cited as the Sale of Electricity by Local Authorities (England and Wales) Regulations 2010 and come into force on 18th August 2010.
2. For the purpose of section 11(3) of the Local Government (Miscellaneous Provisions) Act 1976, a local authority shall be entitled to sell electricity produced from the following sources—
(a)wind;
(b)solar;
(c)aerothermal;
(d)geothermal;
(e)hydrothermal and ocean energy;
(f)hydropower;
(g)biomass;
(h)landfill gas;
(i)sewage treatment plant gas; and
(j)biogases.
Chris Huhne
Secretary of State,
Department of Energy and Climate Change
26th July 2010
Jane Davidson
Minister for Environment, Sustainability and Housing,
one of the Welsh Ministers
23rd July 2010
(This note is not part of the Regulations)
Pursuant to section 11(1) and (3) of the Local Government (Miscellaneous Provisions) Act 1976 local authorities in England and Wales are only entitled to sell electricity produced in association with heat unless regulations provide otherwise. These Regulations provide that local authorities 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 11(2) of the Local Government (Miscellaneous Provisions) Act 1976, local authorities 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.
See section 11(7) for the definition of “prescribed”.
1976 c.57. The functions of the Secretary of State under section 11 are, so far as exercisable in relation to Wales, vested in the Welsh Ministers. Those functions were transferred to the National Assembly for Wales constituted by the Government of Wales Act 1998 (c.38) by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2; see entry in Schedule 1 for the Local Government (Miscellaneous Provisions) Act 1976. The functions were subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32).