1 Citation and commencement

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.

NOTES
Initial Commencement
Specified date

Specified date: 18 August 2010: see above.

2 Exception from the restriction on selling electricity in section 11(3) of the Local Government (Miscellaneous Provisions) Act 1976

2Exception from the restriction on selling electricity in section 11(3) of the Local Government (Miscellaneous Provisions) Act 1976

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.

NOTES
Initial Commencement
Specified date

Specified date: 18 August 2010: see reg 1.

Signature

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

EXPLANATORY NOTE

EXPLANATORY NOTE (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.