National Oil Reserves Agency Act 2007
F82[Rate of renewable transport fuel obligation, advanced biofuel obligation, crop cap and high ILUC-risk biofuel.
F83[44D.— The percentage rate that applies for the obligation period beginning on 1 January 2024 and ending on 31 December 2024 shall—
(a) in respect of the renewable transport fuel obligation, be 21 per cent,
(b) in respect of the advanced biofuel obligation, be one per cent,
(c) in respect of the crop cap, be 2.3 per cent, and
(d) in respect of the high ILUC-risk cap, be 90 per cent of the total certified disposal of biofuels and biogas produced from high ILUC-risk feedstock that were, during the period beginning on 1 January 2019 and ending on 31 December 2019, supplied by a renewable transport fuel obligation account holder.]]
Annotations
Amendments:
F82
Substituted (16.12.2022) by European Union (Renewable Energy) (Amendment) Regulations 2022 (S.I. No. 680 of 2022), reg. 3(1)(b).
F83
Substituted (1.01.2024) by European Union (Renewable Energy) Regulations 2023 (S.I. No. 693 of 2023), art. 3(d), in effect as per art. 2(1).
Modifications (not altering text):
C8
Functions transferred and references to the Minister for and Department of the Environment, Climate and Communications construed (28.02.2023, vesting day) by Oil Emergency Contingency and Transfer of Renewable Transport Fuels Functions Act 2023 (2/2023), ss. 23, 24, 28, S.I. Nos. 81, 82 of 2023, subject to transitional provisions in ss. 25-27, 29.
Transfer of functions to Minister for Transport
23. The functions conferred on the Minister by or under—
(a) sections 44A, 44C, 44D, 44E, 44F, 44G, 44H, 44I, 44J, 44K, 44L, 44M, 44N, 44Q, 44R, 44S, 44T, 44V, 44W and 44X of the Act of 2007, ...
are transferred to the Minister for Transport on the vesting day.
Transfer of administration and business
24. (1) The administration and business in connection with the performance of the functions transferred by section 23 are, on the vesting day, transferred to the Department of Transport.
(2) References to the Department of the Environment, Climate and Communications contained in any enactment (other than this Act) in so far as they relate to the administration and business transferred by subsection (1) shall, from the vesting day, be construed as references to the Department of Transport.
...
Construction of references to Minister
28. (1) References to the Minister contained in any enactment (other than this Act) in so far as they relate to any function transferred by section 23 shall, from the vesting day, be construed as references to the Minister for Transport.
...
C9
Application of section restricted (15.07.2022) by European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022), reg. 17(2), in effect as per reg. 1(2).
Amendment of the National Oil Reserves Agency Act 2007
17. ...
(2) Notwithstanding paragraph (1)(e), no new Order shall be made under section 44D of the Act that will commence before 1 January 2023, in accordance with the National Oil Reserves Agency Act 2007 (Biofuel Obligation Rate) Order 2022 (S.I. No. 21/2022).
...
C10
Functions transferred and terms “Minister for Finance” and “Department of Finance” construed (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), arts. 2, 3, 4 and sch., in effect as per art. 1(2).
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under—
(a) the provisions of the enactments specified in the Schedule, and
...
are transferred to the Minister for Public Expenditure and Reform.
4. References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
SCHEDULE
Enactments
|
Number and Year (1) |
Short Title (2) |
Provision (3) |
|
... |
... |
... |
|
No. 7 of 2007 |
Sections 44(1)(a), 44B(3)(b)(ii), 44D(4)(b)(i), 44J(5)(a) and (7)(b)(i) and 44T(1) |
|
|
... |
... |
... |
Editorial Notes:
E28
Power pursuant to section exercised (1.01.2024) by National Oil Reserves Agency Act 2007 (Advanced Biofuel Obligation Rate) (Revocation) Order 2023 (S.I. No. 692 of 2023), in effect as per art. 2.
E29
Power pursuant to section exercised (1.01.2024) by National Oil Reserves Agency Act 2007 (Renewable Transport Fuel Obligation Rate) (Revocation) Order 2023 (S.I. No. 691 of 2023), in effect as per art. 2.
E30
Obligation on the Minister making order under subs. (2)(a) to ensure minimum share of renewable energy within the final consumption of energy in the transport sector within certain standards provided (15.07.2022) by European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022), reg. 4, in effect as per reg. 1(2).
E31
Previous affecting provision: subs. (4)(b) substituted (28.02.2023) by Oil Emergency Contingency and Transfer of Renewable Transport Fuels Functions Act 2023 (2/2023), s. 9, S.I. No. 81 of 2023; section substituted (1.01.2024) as per F-note above.
E32
Previous affecting provision: power pursuant to subs. (2)(a) exercised (1.01.2023) by National Oil Reserves Agency (Advanced Biofuel Obligation Rate) Order 2022 (S.I. No. 710 of 2022), in effect as per reg. 1(2); revoked (1.01.202) byNational Oil Reserves Agency Act 2007 (Advanced Biofuel Obligation Rate) (Revocation) Order 2023 (S.I. No. 692 of 2023), art. 2, in effect as per art. 2.
E33
Previous affecting provision: power pursuant to subs. (2)(a) exercised (1.01.2023) by National Oil Reserves Agency (Renewable Transport Fuel Obligation Rate) Order 2022 (S.I. No. 709 of 2022), in effect as per reg. 1(2); revoked byNational Oil Reserves Agency Act 2007 (Renewable Transport Fuel Obligation Rate) (Revocation) Order 2023 (S.I. No. 691 of 2023), art. 2, in effect as per art. 2.
E34
Previous affecting provision: provisions substituted (15.07.2022) by European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022), reg. 17(1)(e)(i)-(iii), (vii)-(ix), in effect as per reg. 1(2); substituted (16.12.2022) by European Union (Renewable Energy) (Amendment) Regulations 2022 (S.I. No. 680 of 2022), reg. 3(1)(b).
E35
Previous affecting provision: provisions deleted (15.07.2022) by European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022), reg. 17(1)(e)(iv)-(vi), in effect as per reg. 1(2); substituted (16.12.2022) by European Union (Renewable Energy) (Amendment) Regulations 2022 (S.I. No. 680 of 2022), reg. 3(1)(b).
E36
Previous affecting provision: subs. (2)(a) (15.07.2022) by European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022), reg. 17(1)(e)(v), in effect as per reg. 1(2); substituted (16.12.2022) by European Union (Renewable Energy) (Amendment) Regulations 2022 (S.I. No. 680 of 2022), reg. 3(1)(b).
E37
Previous affecting provision: power pursuant to section exercised (1.01.2022) by National Oil Reserves Agency Act 2007 (Biofuel Obligation Rate) Order 2022 (S.I. No. 21 of 2022), in effect as per art. 1(2); revoked (1.01.2023) by National Oil Reserves Agency (Renewable Transport Fuel Obligation Rate) Order 2022 (S.I. No. 709 of 2022), art. 3, in effect as per art. 1(2).
E38
Previous affecting provision: subs. (4)(b)(ia) inserted (1.08.2020) by National Oil Reserves Agency (Amendment) and Provision of Central Treasury Services Act 2020 (6/2020), s. 20(a), S.I. No. 280 of 2020; substituted (16.12.2022) by European Union (Renewable Energy) (Amendment) Regulations 2022 (S.I. No. 680 of 2022), reg. 3(1)(b).
E39
Previous affecting provision: subs. (4)(b)(ii) substituted (1.08.2020) by National Oil Reserves Agency (Amendment) and Provision of Central Treasury Services Act 2020 (6/2020), s. 20(b), S.I. No. 280 of 2020; substituted (16.12.2022) by European Union (Renewable Energy) (Amendment) Regulations 2022 (S.I. No. 680 of 2022), reg. 3(1)(b).
E40
Previous affecting provision: power pursuant to section exercised (1.01.2020) by National Oil Reserves Agency Act 2007 (Biofuel Obligation Rate) Order 2019 (S.I. No. 38 of 2019), in effect as per art. 1(2); revoked (1.01.2022) by National Oil Reserves Agency Act 2007 (Biofuel Obligation Rate) Order 2022 (S.I. No. 21 of 2022), art. 3, in effect as per art. 1(2).
E41
Previous affecting provision: power pursuant to section exercised (1.01.2019) by National Oil Reserves Agency Act 2007 (Biofuel Obligation Rate) Order 2018 (S.I. No. 198 of 2018), in effect as per art. 1(2); revoked (1.01.2020) by National Oil Reserves Agency Act 2007 (Biofuel Obligation Rate) Order 2019 (S.I. No. 38 of 2019), art. 3, in effect as per art. 1(2).
E42
Previous affecting provision: power pursuant to section exercised (1.01.2017) by National Oil Reserves Agency Act 2007 (Biofuel Obligations Rate) Order 2016 (S.I. No. 225 of 2016), in effect as per art. 1(2); revoked (1.01.2019) by National Oil Reserves Agency Act 2007 (Biofuel Obligation Rate) Order 2018 (S.I. No. 198 of 2018), art. 3, in effect as per art. 1(2).
E43
Previous affecting provision: power pursuant to section exercised (1.01.2013) by National Oil Reserves Agency Act 2007 (Biofuel Obligation Rate) Order 2012 (S.I. No. 562 of 2012), in effect as per art. 1(2); revoked (1.01.2017) by National Oil Reserves Agency Act 2007 (Biofuel Obligations Rate) Order 2016 (S.I. No. 225 of 2016), art. 3, in effect as per art. 1(2).
E44
Previous affecting provision: section inserted (1.07.2010) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 3, S.I. No. 322 of 2010; substituted (16.12.2022) by European Union (Renewable Energy) (Amendment) Regulations 2022 (S.I. No. 680 of 2022), reg. 3(1).