New regulations in force promoting use of renewable energy

Updated March 2011

The Promotion of the Use of Energy from Renewable Sources Regulations 2011 came into force on 14 March 2011. The Regulations implement a number of Articles of the EU Renewable Energy Directive (2009/28/EC) and apply to England, Wales and Northern Ireland (and in part to Scotland).

The Regulations set the target that at least 15% of energy should come from renewable sources by 2020. The Regulations also impose a duty on the Secretary of State to introduce measures to achieve the following indicative targets for the percentage of total energy deriving from renewable sources:

1 January 2011 to 31 December 2012 - 4%

1 January 2013 to 31 December 2014 - 5.4%

1 January 2015 to 31 December 2016 - 7.5%

1 January 2017 to 31 December 2018 - 10.2%

The Regulations require reviews of the rules relating to the apportionment of the costs of grid adaption, necessary to enable new renewable generating stations to connect to the grid. These reviews must be carried out at least once every two years and the first review must be completed by 1 July 2011. After each review, a statement of measures considered necessary to improve the apportionment rules must be published. 

The Regulations also impose duties to ensure that measures are taken to inform the public of the benefits and practicalities of using energy from renewable sources and to make available information about the benefits, cost and energy efficiency of equipment and systems. Within England, Wales and Scotland, these obligations are placed on the Secretary of State.

Guidance must also be made available about support schemes and the optimal combination of technologies.

The Regulations impose a duty to take appropriate steps to ensure that public buildings constructed or renovated after 31 December 2011 fulfil an exemplary role in the context of the Directive. Certification or qualification schemes for installers of certain small scale renewable energy equipment must be established by 31 December 2012. In England, these obligations are placed on the Secretary of State. However, in Wales, some duties fall on the Welsh Ministers whereas others sit with the Secretary of State.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at March 2011. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.

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