Commentary on Sections Part 3: Measures for Reducing Carbon Emissions Section 112: Electricity from renewable sources: National Park authorities and Broads Authority
314.National Park authorities and the Broads Authority are bodies which have the potential to help the UK meet its climate change targets and renewable energy targets by generating electricity from renewable sources. Section 112 provides both types of bodies with the power to realise this potential and puts each in a similar position to local authorities who are already able to generate electricity from specified renewable sources.
315.Subsection (2) describes the scope of the powers being conferred on the National Park authorities and the Broads Authority. Subsection (2) confers powers on either type of body to produce electricity from a renewable source, to establish and operate generating stations and other installations for the purpose of producing electricity from a renewable source, to make grants or loans to enable other persons to do anything which the body may do and also confers powers on the body to use, sell or otherwise dispose of electricity produced by virtue of the powers conferred.
316.Subsection (3) defines a renewable source by reference to those sources listed in existing regulations which apply to local authorities in England and Wales and also in Scotland. This ensures that the sources of renewable electricity production between local authorities, National Park authorities and the Broad Authority are the same and in this respect means that the scope of the power is identical to the power available to local authorities to generate renewable electricity.
317.Subsections (4) and (5) enable any regulations which amend those regulations which are referred to in subsection (3) to also amend subsection (3).
318.Subsection (6) makes clear that the National Park authorities and the Broad Authority must comply with any applicable requirements in Part I of the Electricity Act 1989 when exercising any of the powers conferred by this section. For example, if either body engages in activity at a scale which causes a licence to be required then it must seek such a licence under the Electricity Act 1989.