Government loses crucial stage in solar panels curb

 
Tom Bawden10 April 2012

The solar power industry was today celebrating a victory in the appeal against Government cuts to subsidies.

The Court of Appeal rejected Energy Secretary Chris Huhne's claim he had the power to go ahead with the controversial scheme. Opponents, including the solar power industry, say, if allowed, the proposals would put 29,000 jobs in the solar industry at risk.

They say projects have already been abandoned and jobs lost because of the current uncertainty.
Huhne wants to reduce feed-in tariff subsidies (FITs) - payments made to households and communities that generate green electricity through solar panels - on any installations completed after December 12 last year.

High Court judge Mr Justice Mitting ruled it would be unlawful to implement plans to approve the cuts in April this year by referring back to the December 12 deadline. The deadline fell 11 days before the end of a consultation period.

Lawyers for Huhne argued before three appeal judges that Mr Justice Mitting had gone wrong in law and the Secretary of State possessed the necessary power to go ahead. But Lord Justice Lloyd, Lord Justice Moses and Lord Justice Richards today disagreed.

Lord Justice Moses ruled Parliament had not conferred on Huhne "a power to make a modification (in tariff rates) with such a retrospective effect".

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