High Court rules gov't solar tariff cut illegal
Solar industry wins judicial review but warns that DECC may "ambush" them in phase two of the consulation about management of tariffs.
The High Court ruled on 21st December that the government's plans to cut solar tariff payments are illegal, following a legal challenge by
environmental campaign group Friends of the Earth and two solar companies, Solarcentury and HomeSun.
Solarcentury argued that the government needed go though the consultation process properly and only change tariffs at the end of the procedures
laid down in statute.
Friends of the Earth, Solarcentury and HomeSun was challenging plans to change the qualifying criteria for investments within certain tax-efficient
vehicles, including venture capital trusts, to exclude companies in receipt of feed-in tariffs.
Under plans announced earlier this month, the Finance Bill 2012 will state that any activity comprising receipt of feed-in tariffs or similar
subsidies would not generally be a qualifying activity for tax-efficient investment vehicles such as VCTs, enterprise investment schemes and real
estate investment trusts.
Jeremy Leggett, chairman of Solarcentury, said: "We encouage the Secretary of State to accept the judges very clear ruling, not plunge the
industry into a further period of uncertainty by considering going to appeal."
Mr Leggett highlighted that the Court has stopped the government from "abusing" its power but it doesn't make up for the fact that the
Department for Energy and Climate Change has created "chaos" for the renewable energy industry as a whole - not just the solar sector.
He said: "Solarcentury was very reluctant to take this legal challenge but DECC gave us no choice. All of this could have been avoided if DECC
had done a proper consultation last summer, as they promised, and engaged constructively with the solar industry."
"I do hope that DECC will now engage properly with the industry, so that together we can build a viable solar industry in the UK, as they have
in Germany."
According to Mr Leggett, FITs are like "seed capital" and are not a hand-out.
He said: "The support has to be clear, and it should step down gradually according to predictable rules.
"That is the way to use this type of market support and build a viable market. DECC already knows this and I hope they now understand that we
cannot work in a market which is subject to whimsical and back dated decisions."
"We are still waiting for DECC to publish phase 2 of the consultation about the management of the FITs scheme. Let's hope they do not try and
pull another stunt to ambush us yet again."
Are the City & Guilds Qualifications changing?
Yes.
The 2382-10 BS 7671:2008 17th Edition Wiring Regulations will close on 31 December 2011
this will be replaced with 2382-12 BS 7671:2008(2011)
The 2382-20 BS 7671:2008 17th Edition Update will close on 31 December 2011
this will not be replaced
2391-10 Level 3 Inspection, Testing and Certification of Electrical Installations
this will be replaced with two courses
the 2394 Level 3 Initial Verification and Certification of Electrical Installations
the 2395 Level 3 Periodic Inspection, Testing & Certification of Electrical Installations
2391-20 (previously 2400) Level 3 Design, Erection and Verification of Electrical Installations
this will be replaced with 2396 Level 4 Design of Electrical Installations
What is a Qualified Electrician?
This is a matter that has plagued the Electrical Contracting Industry and some of its clients for many years and now it has finally been
settled by the High Court Judge, The Honourable Mr Justice Weatherup.
The Court had a very significant matter to consider and one that has immense ramification for the NI and UK Construction Industry. Which
qualifications should be held in order to be deemed competent and qualified?
In this particular case the term, Qualified Electrician, appears in the text of the clients specification obliging the Contractor and
consequently the Electrical Sub-Contractor to exclusively use only those Electricians that are qualified by some objective or accredited means.
The bottom line is this; Electrical Contractors who employ Electricians directly on the PAYE system or indirectly as Sub-Contractors need to
take heed to this important ruling by the NI Courts.
Where a client makes use of the term, Qualified Electrician, it must be taken to mean something of significance. By using such a term the
client is intending to convey a special requirement.
The Honourable Mr Justice Weatherup ruling on this case recognised that some in the Industry may describe themselves or even be described by
their employers as being an Electrician but only those with objective accredited qualifications could describe themselves as being
a Qualified Electrician.
Where a client makes use of the term, Qualified Electrician, it must be taken to mean something of significance. By using such a term the
client is intending to convey a special requirement. The requirement to be qualified must be taken to mean that a measureable standard
is applicable to the individuals executing the work.
In light of this important ruling all Electrical Contractors should take a close look at the qualifications of the operatives that they are
relying on to do the work. If your client wants Qualified Electricians, be prepared to prove it, otherwise you could find yourself in
breach of contract and become liable to court proceedings.
Competent Persons (Part P) Schemes: Qualified supervisors
Qualified supervisors of all the main competent person's scheme providers (Part P scheme providers), including those that are currently going
through their application process, will be required to hold an appropriate BS7671:2008 (17th edition of the Wiring Regulations) qualification.
This qualification must be must be achieved by no later than the first annual assessment visit after the 31st of December 2010
Don't leave it to late or you run the risk of having your Part P approval taken away.
BS:7671 17th Edition Wiring Regulations Amendment 1
The first amendment to BS 7671:2008 Requirements for Electrical Installations is to come into effect on 1st Jan 2012. Installations designed after
31st Dec 2011 are to comply with BS 7671:2008 incorporating Amendment No 1, 2011.
Solar Photovoltaic courses
With fuel prices rocketing, rising CO2 levels and energy supply becoming ever more critical, one technology that is sure to make a positive impact
in this country is Solar Photovoltaics. There is now funding available under the Feed in Tariff (FiT) for the installation of Solar PV,
more information can be seen on the following website www.fitariffs.co.uk
Periodic Inspection & Testing of Domestic Electrical Systems
This qualification deals with the knowledge and practical requirements for those electrical installers who wish to be able to issue Periodic Inspection
Reports for Domestic Properties only. It does not deal with non domestic installations or 3 phase systems. The course will cover the requirements
detailed in BS7671:2008 and IET Guidance Note 3 both of which for underpinning knowledge and documents for the course.
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