Commentary on Sections Feed-in tariffs Section 146: Feed-in tariffs
625.The purpose of this section is to confer a power on the Secretary of State to increase the specified maximum capacity of installations eligible for the Feed-in Tariffs (FITs) scheme from 5 megawatts to 10 megawatts.
626.The powers under which the FITs scheme is established are set out in sections 41 to 43 of the Energy Act 2008. The powers can be used in relation to small-scale, low-carbon generation of electricity. Such generation is defined as the use of plant with a capacity which does not exceed the maximum capacity specified by the Secretary of State by order. As currently defined, in section 41(4) of the Energy Act 2008, that capacity must not exceed 5 megawatts. This section increases this to 10 megawatts. The Secretary of State will therefore be able to specify a maximum capacity up to that figure.