DECC launch FIT review

[Somecamel]

I'm absolutely maxed out with work at the moment, specific panels are sparce so no room for any error and the logistics are a nightmare.

No deliveries from Segen after 22nd December guys!!


Took my first booking for January today on the basis cut off would be around feb 11th...

I can't even invoice the deposit for this job at this stage.

I have 'lots' of other good leads but no idea what to tell them.

Am I the only one panicking slightly?

 

[Gavin A]

put people on a waiting list until the date is announced, then run through that list and book your slots in in order. Something like that?

 

[Worcester]

So there will have to be a new SI aka 'FiT Order' to change any of those dates.

The question is whether DECC can do that using the 21 day rule from the SI Act

That's been my thoughts all along, presumably they could also modify the Energy Act 2008 using the 21 day rule, and may abolish all support simply by doing that.

 

[Gavin A]

That's been my thoughts all along, presumably they could also modify the Energy Act 2008 using the 21 day rule, and may abolish all support simply by doing that.

I don't think they can

Parliamentary control of subordinate legislation

(1)​

A statutory instrument containing an Order in Council, order or regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(2)​

Subsection (1) does not apply to—

(a)​

an order which contains, or regulations which contain, (whether alone or together with other provision) provision made under—

(i)​

section 13 (importation and storage of combustible gas: inspectors),

(ii)​

section 27 (carbon dioxide storage: inspectors),

(iii)​

section 41(6) (feed-in tariffs for small-scale electricity generation),

(iv)​

section 45(6)(a) (power to specify matters as designated technical matters),

(v)​

section 62(1) (power to apply Chapter 1 of Part 3 to other nuclear installations), or

(vi)​

section 100 (renewable heat incentives);

Energy Act 2008, 105.2 Seems to exclude anything relating to the FITs from a standard SI to amend the energy act.

I think.

 

[SolarCity]

We have a waiting list and we have told them we will survey and install quickly if we have the time needed. They also know that materials used are subject to availability and they're all happy enough. Odd way of running a business but we're kind of getting used to it now.

 

[TedM]

I don't think they can

Energy Act 2008, 105.2 Seems to exclude anything relating to the FITs from a standard SI to amend the energy act.

I think.

It's possible to read that exception in two ways. Either that FiTs cannot be annulled by a SI or that FiTs can be annulled without the need for both Houses to pass a resolution. Just another example of poor drafting of legislation.

105 Parliamentary control of subordinate legislation

(1) A statutory instrument containing an Order in Council, order or regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Subsection (1) does not apply to—

(a) an order which contains, or regulations which contain, (whether alone or together with other provision) provision made under—

(i) section 13 (importation and storage of combustible gas: inspectors),

(ii) section 27 (carbon dioxide storage: inspectors),

(iii) section 41(6) (feed-in tariffs for small-scale electricity generation),

(iv) section 45(6)(a) (power to specify matters as designated technical matters),

(v) section 62(1) (power to apply Chapter 1 of Part 3 to other nuclear installations), or

(vi) section 100 (renewable heat incentives);

(3) No order, regulations or recommendation to make an Order in Council, within subsection (2)(a) or (b), may be made unless a draft of the order, regulations or Order in Council has been laid before, and approved by a resolution of, each House of Parliament.

 

[TedM]

Just re-read that and it might be a red-herring in any case. 41(6) of the Energy Act 2008 only covers the types of technology that are eligible for FiTs and nothing else to do with the scheme. So that 105(2) exclusion (or inclusion) will only apply to amending the technology types that are in FiTs.

They way I read that is if DECC wanted to introduce a SI to amend FiTs by simply removing PV as an eligible technology then they would have to present the SI for positive approval by both Houses. That's the effect of 105(3).

 

[whinmoor]

Published today by Eversheds:

UK solar industry – Impact of proposed changes to Feedin Tariff- Publications - Eversheds International

 

[Gavin A]

ted - think you're probably right there.

 

[Gavin A]

anyone heard anything yet?

Something in the ECC twitter feed made it sound like the announcement was expected tomorrow. Rudd being helpful as ever giving nothing away.

 

[The Solar King]

Best information is now tomorrow. Pressure is on until last minute. STA gave evidence to CCC in Parliament yesterday, and 10:10 attempted to give George Osborne a present of a PV array on his constituency office (which was declined!). They are going to see if Boris Johnson would like it instead

 

[Somecamel]

I'm hearing there could be the announcement tomorrow possibly at 7am (reminds me of 4 years ago).

Seems to be a general attack on all things Green from the Tories at the moment what with the vote tonight to allow Fracking under national parks.

Anyone have any ideas on what to expect?

I'd like to see 8p per Kwh with the tariff reduced down to 10 years.

I expect the EPC banding to be upped from a D to a C.

 

[whinmoor]

Yes, it looks like tomorrow will be the big day. I'd bite your hand off at 8p per kWh. I can't imagine it will be that generous given the recent rhetoric.

Typical of them to wait until the last moment, break the bad news and then disappear to their comfy mansions for a relaxing vacation whilst thousands of poor souls who actually do the real work face a bleak Xmas and New Year.

I'm reasonably comfortable with the idea of needing an EPC Band C to qualify as long as the PV can be included in the EPC if required. I know, however, that other installers on here (e.g. SRE) would really struggle with that.

 

[Gavin A]

I wish they'd just get it over with, the suspense is doing my nut in.

 

[SolarCity]

D to C would be a nightmare. Vast majority of our installs are on 'D' rated properties.