EXPLANATORY NOTE
(This note is not part of the Regulations)
Section 132 of the Energy Act 2004 (c.20) defines words and phrases which are used in Chapter 5 of Part 2 (sections 124 to 132) of that Act. These Regulations amend section 132 as follows.
Section 132(3) defines when fuel will be regarded as used for “transport purposes” for the purposes of section 132. Regulation 3 restates section 132(3)(a) so as to put it beyond doubt that vehicles, vessels, aircraft and trains are included only in so far as they are used mainly to transport people or things from one place to another. It also adds three new subparagraphs which provide that the use of fuel in recreational craft which do not normally operate at sea, agricultural or forestry tractors, and non road mobile machinery (including inland waterway vessels which do not normally operate at sea) is also to be regarded as use for “transport purposes”.
The term “transport purposes” is used within the definition of “supply” in section 132(1), which in turn is used in other provisions of Chapter 5 of Part 2 of the Energy Act 2004 relating to renewable transport fuel obligations.
Regulation 4 inserts a new section 132(3A) in the Energy Act 2004, which makes provision for what is meant by “sea” for the purposes of section 132(3).
Regulation 5 makes provision for new definitions to be included in section 132(4).
The effect of the amendments is to enlarge the powers under which an order can be made relating to renewable transport fuel obligations. This will enable effect to be given to certain requirements contained in Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 (OJ No L 350, 28.12.98, p. 58).
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum is available alongside the instrument on the UK legislation website, www.legislation.gov.uk.
A copy of the Directive referred to in this Explanatory Note may be viewed in the Official Journal of the European Union via the EUR-lex website at http://eur-lex.europa.eu/.