Commentary on Sections Part 2: Sustainability and Renewable Energy Sources Chapter 5: Renewable Transport Fuel Obligations Section 124: Imposition of renewable transport fuel obligations
282.This section enables the Secretary of State to make an order imposing a “renewable transport fuel obligation” (“RTFO”) on specified parts of the UK transport fuel supply sector. Sections 125 to 132 elaborate on this order-making power. The powers in these sections apply to the whole of the United Kingdom.
283.Subsection (2) defines the obligation. An RTFO would require designated transport fuel suppliers to produce to the appointed Administrator evidence of a specified kind and in a specified form, showing that, within the relevant period, a specified amount of “renewable transport fuel” was supplied within the UK. The section would allow the requisite amount of fuel to be supplied either by the obligated supplier directly, or (wholly or partly) by other suppliers. The obligation periods, and the amount of “renewable transport fuel” (“RTF”) to be supplied in each period, would be specified. For these purposes “specified” means specified in, or determined in accordance with, the order (see section 132(1)).
284.Subsection (4) requires the Secretary of State to consult with relevant stakeholders before making any order under this section.
285.Subsection (5) states that the power to make an order introducing an RTFO is subject to the affirmative resolution procedure.