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Statutory Instrument 2006 No. 1004The Renewables Obligation Order 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 1004ELECTRICITY, ENGLAND AND WALESThe Renewables Obligation Order 2006
This Order is made in exercise of the powers conferred by sections 32 to 32C of the Electricity Act 1989[1]. The Secretary of State has consulted the Gas and Electricity Markets Authority, the Gas and Electricity Consumer Council, electricity suppliers to whom this Order applies, and such generators of electricity from renewable sources and other persons as he considers appropriate. A draft of this Instrument has been approved by a resolution of each House of Parliament pursuant to section 32(9) of that Act. Accordingly the Secretary of State makes the following Order: Citation, commencement and extent 1.—(1) This Order may be cited as the Renewables Obligation Order 2006 and shall come into force on 1st April 2006. (2) This Order extends to England and Wales only. Interpretation 2.—(1) In this Order—
(b) in determining any period over which and frequency with which measurement must take place for the purposes of this definition, the Authority may take into account such matters as it thinks fit, including the length of time for which the fuel has been used by the generating station or by other generating stations;
(b) steam produced from, or air or water heated by, such heat;
(b) has always been in private ownership and operation; and (c) has never generated electricity under an arrangement which has ever been a qualifying arrangement as defined in section 33 of the Act (as that section was originally enacted);
(ii) the location of the generating station; (iii) a description of the generating station including reference to the source or sources of fuel used to generate electricity by that generating station; (iv) the date of issue of the NIROC; and (v) a number allocated to a NIROC by the Northern Ireland Authority in accordance with a NIRO order;
(b) where the index is not published for a year, any substituted index or figures published by that Office;
(b) the number of ROCs which the Authority has, in respect of that obligation period, decided not to issue or refused to issue under article 17(2) or 17(3);
(2) For the purposes of the definition of "hydro generating station", the "civil works" which are to be regarded as supplying a particular turbine ("the relevant turbine") are all the man-made weirs, man-made structures and man-made works for holding water which are located on the inlet side of the relevant turbine, but excluding any such weirs, structures or works which supply another turbine before water is supplied to the weirs, structures and works which supply the relevant turbine. The renewables obligation 3.—(1) The renewables obligation is that, subject to articles 11, 12, 13 and 14, each designated electricity supplier shall before each specified day produce to the Authority evidence showing—
(b) that another electricity supplier has done so (or that two or more others have done so); or (c) that, between them, they have done so. (2) The evidence referred to in paragraph (1) is certificates issued by the Authority under section 32B(2) of the Act, provided that such certificates relate to electricity generated from eligible renewable sources.
(b) any additional or updated figures for such sales as are furnished to the Authority under paragraph (5)(a). (4) Each designated electricity supplier shall furnish to the Department of Trade and Industry and to the Authority, the estimated figures relating to its total sales of electricity to customers in England and Wales during an obligation period by no later than the 1st June immediately following the end of the obligation period.
(b) the amount in megawatt hours of its renewables obligation in respect of the obligation period. (6) In furnishing the information specified in paragraphs (4) and (5), the designated electricity supplier shall have regard to any sales figures, which it has provided (or intends to provide) to the Department of Trade and Industry for statistical purposes and publication in "Energy Trends"[19]. Eligible renewable sources: general 5.—(1) Subject to article 9, electricity shall be considered to have been generated from eligible renewable sources to the extent that it has been generated from renewable sources and provided that it has not been generated by an excluded generating station as specified in this article and articles 6 and 7. (2) The following shall be excluded generating stations—
(b) subject to paragraphs (3) and (4), generating stations (other than micro hydro generating stations) which were first commissioned before 1st January 1990 and where the main components have not been renewed since 31st December 1989 as described in paragraph (5); (c) generating stations located outside the United Kingdom, except generating stations which are not located on land and which are directly and exclusively connected to a transmission or distribution network located in Northern Ireland; and (d) generating stations generating electricity under the arrangements or additional arrangements referred to in article 35(1) of the Northern Ireland Electricity Order. (3) A generating station shall not be an excluded generating station by virtue of paragraph (2)(b) in any month during which it is fuelled partly by fossil fuel and partly by biomass (and by no other fuel).
(b) during no month (being a month after March 2004) after the first month during which it was fuelled wholly by biomass has the energy content of the fuel by which it was fuelled been derived as to more than 75 per cent from fossil fuel. (5) For the purposes of paragraph (2)(b), the main components of a generating station shall only be regarded as having been renewed since 31st December 1989 where—
(ii) either all the inlet guide vanes or all the inlet guide nozzles; or (b) in the case of any other generating station, all the boilers and turbines (driven by any means including wind, water, steam or gas) have been installed in the generating station after 31st December 1989 and were not used for the purpose of electricity generation prior to that date. Eligible renewable sources: qualifying arrangement
(b) the applicable qualifying arrangement was terminated due to the operator of the generating station to which it applied having committed an unremedied breach of it; and (c) the last period in the tables contained in Schedule 1 to the Non-Fossil Fuel Order which relates to the applicable qualifying arrangement has not expired. (2) Where this paragraph applies, a generating station—
(b) to which the applicable qualifying arrangement applied at the time it was commissioned, or which is owned or operated by a person who was a party to the applicable qualifying arrangement (or who is a connected person or a linked person in relation to any such party), shall be an excluded generating station.
(b) which is owned or operated by a person who is a party to the applicable qualifying arrangement (or is a connected person or a linked person in relation to any such party), shall be an excluded generating station.
(b) all the waste by which it is fuelled in that month which is not biomass has first been manufactured into fuel which is in either a gaseous or liquid form (or both) by means of plant and equipment using advanced conversion technologies only; or (c) the generating station is a qualifying combined heat and power generating station. (2) A generating station shall be an excluded generating station in any month during which it is fuelled partly by fossil fuel and partly by any other fuel (or fuels) other than biomass.
(b) in respect of any month from 1st April 2010 until 31st March 2011, 50 per cent; and (c) in respect of any month from 1st April 2011 until 31st March 2016, 75 per cent. (5) After 31st March 2016 a generating station shall be an excluded generating station in any month during which it is fuelled partly by fossil fuel and partly by biomass (and by no other fuel).
(ii) anything which is derived directly or indirectly from any of the substances referred to in paragraph (i) which (except as mentioned below) is created for the purpose of being used as a fuel, other than anything (not being a liquid comprised wholly or mainly of hydrocarbon compounds), which is or is derived directly or indirectly from any of the substances referred to in paragraph (i), which is waste or a component of biomass; and for the purposes of paragraph (ii) a liquid comprised wholly or mainly of hydrocarbon compounds need not be created for the purpose of being used as a fuel; (2) In articles 5, 7 and 14 and in Schedule 3, in determining whether a generating station is fuelled by a particular fuel regard is to be had only to fuel which it uses to generate electricity.
(ii) the heating of the combustion system to its normal operating temperature or the maintenance of that temperature; (iii) emission control; or (iv) standby generation or the testing of standby generation capacity shall only be treated as comprising fuel used to generate electricity in any month in which the combined energy content of the fossil fuel or waste, or both, which the generating station uses for those purposes exceeds 10 per cent of the energy content of the energy sources by which it is fuelled. Calculation of amount of electricity generated from eligible renewable sources
(b) "the net output" is such amount as is obtained by deducting from the gross output of that generating station in that month the input electricity of that generating station in that month. (3) In the case of a generating station fuelled wholly or partly by biomass, 10 per cent of the electricity generated from biomass in any month shall be treated as having been generated from fossil fuel unless the operator of the generating station satisfies the Authority that during that month a lesser percentage of the energy content of the biomass derives from fossil fuel, in which case that lesser percentage shall be treated as having been generated from fossil fuel.
(b) multiplying the figure resulting from the calculation in sub-paragraph (a) by the relevant proportion. (7) In this article—
(b) "gross output" means, in relation to any month, the total amount of electricity generated by a generating station in that month; (c) "input electricity" means, in relation to any month, all the electricity used by a generating station in that month (whether or not it is generated by the generating station and whether or not it is used while the generating station is generating electricity) for a purpose directly relating to the operation of that generating station, including fuel handling, fuel preparation, maintenance and pumping water; (d) in the case of a generating station fuelled wholly or partly by hydrogen (not being fossil fuel), "input electricity" also includes any electricity in respect of which ROCs are or have been issued or which was not generated from eligible renewable sources that is used to produce the hydrogen by which that station is fuelled, regardless of where or by whom the hydrogen is produced; (e) "qualifying power output" and "total power output" have the meanings given to them in CHPQA; and (f) "relevant proportion" means a proportion which is equal to the proportion which the qualifying power output of the qualifying combined heat and power generating station bears to the total power output of that generating station. Calculation of amount of electricity supplied to customers Alternative way of discharging renewables obligation: payments 11.—(1) Instead of producing certificates pursuant to article 3, a designated electricity supplier may discharge (in whole or in part) its renewables obligation in relation to a particular obligation period by making a payment to the Authority before the specified day relating to that obligation period. (2) Subject to paragraphs (3) and (4), the payment to be made under paragraph (1) is thirty three pounds and twenty four pence for each megawatt hour of electricity generated from eligible renewable sources for which the designated electricity supplier does not produce certificates pursuant to article 3 or article 13 or NIROCs pursuant to article 12 ("the buy-out price"). (3) If, in the case of the calendar year 2006 or any subsequent calendar year, the annual retail prices index for that year ("the later year") is higher or lower than that for the previous year, the buy-out price relating to the obligation period beginning on the 1st April immediately following the later year shall be increased (if the index is higher) or decreased (if the index is lower) by the annual percentage inflation rate of the retail prices index for the later year. (4) When the buy-out price is calculated under paragraph (3) the result shall be rounded to the nearest penny (with any exact half of a penny being rounded upwards). Alternative way of discharging renewables obligation: NIROCs 12.—(1) Subject to article 14, instead of producing certificates pursuant to article 3, a designated electricity supplier may discharge (in whole or in part) its renewables obligation in relation to a particular obligation period by producing to the Authority in accordance with this article eligible NIROCs issued in respect of electricity that has been supplied to customers during that obligation period. (2) A NIROC referred to in paragraph (1) shall be regarded as produced to the Authority in respect of an obligation period where, before the specified day relating to that period, the Authority receives, from the designated electricity supplier which is treated as holding the NIROC for the purposes of the NIRO Order under which it was issued, a notification in writing identifying the NIROC to be so produced and giving its NIROC identifier. (3) Without prejudice to paragraph (2), the Authority may draw up procedural guidelines for the production of NIROCs under this article. Alternative way of discharging renewables obligation: certificates certifying the matters in section 32B(2A) of the Act 13.—(1) Subject to article 14, instead of producing certificates pursuant to article 3, a designated electricity supplier may discharge (in whole or in part) its renewables obligation in relation to a particular obligation period by producing to the Authority in accordance with this article certificates issued by the Authority and certifying the matters in section 32B(2A) of the Act, provided that such certificates relate to electricity generated from eligible renewable sources. (2) A certificate referred to in paragraph (1) shall be regarded as produced to the Authority in respect of an obligation period where before the specified day relating to that period the Authority receives from the designated electricity supplier which holds the certificate a notification in writing identifying the certificate to be produced for that purpose and, in the case of a ROC, the ROC identifier. (3) Without prejudice to paragraph (2), the Authority may draw up procedural guidelines for the production of certificates under this article. Further provision in relation to production of certificates and NIROCs 14.—(1) A designated electricity supplier may discharge up to 25 per cent of its renewables obligation in respect of an obligation period by producing to the Authority certificates issued by the Authority under section 32B of the Act and eligible NIROCs relating to electricity supplied in the immediately preceding obligation period. (2) In respect of any obligation period which falls—
(b) from 1st April 2011 until 31st March 2016, no more than 5 per cent, of a designated electricity supplier's renewables obligation may be satisfied by the production of certificates issued by the Authority under section 32B of the Act and eligible NIROCs issued in respect of generating stations which during the month to which a certificate or NIROC relates, have been fuelled partly by fossil fuel (as defined in article 8) and partly by biomass (and by no other fuel). Obligation to issue ROCs 15.—(1) Where each of the relevant criteria in article 16 has been met (having regard as necessary to the requirements in article 17), the Authority shall issue ROCs, in accordance with the procedure set out in article 18, in relation to a generating station in respect of each month of each obligation period in which electricity has been generated by the generating station from eligible renewable sources (whether or not for the whole of that month) to the persons specified below. (2) Except as provided for in paragraphs (3) to (5), ROCs shall be issued to the operator of the generating station by which the relevant electricity was generated in a particular month. (3) Where electricity is required to be generated by a generating station from eligible renewable sources under a qualifying arrangement or in compliance with such an arrangement to be made available to the nominated person ("the relevant output"), ROCs shall be issued as set out below. (4) Where the nominated person is entitled to the relevant output under or in compliance with a qualifying arrangement, ROCs shall be issued to electricity suppliers notified to the Authority by the nominated person as being purchasers of the relevant output and to each in such quantities as are appropriate to the amount of the relevant output which the nominated person notifies the Authority each has purchased (subject to the total amount of ROCs available to be so issued). (5) Where one or more electricity suppliers are entitled to the relevant output under a qualifying arrangement, ROCs shall be issued to those electricity suppliers, each in proportion to its entitlement. Criteria for issue of ROCs 16.—(1) The criteria for issue of ROCs referred to in article 15 and issue of replacement ROCs referred to in article 20(4) are those detailed in paragraphs (2) to (10). (2) The first criterion is that the Authority has previously confirmed in writing to the operator of the generating station to which the ROC relates that the generating station has been granted accreditation and the Authority has not since withdrawn that accreditation. (3) The second criterion is that the Authority has been provided in writing with all the information listed in paragraph 2(b)(i) to (iii) of Schedule 2 together with any other information which it reasonably requires in order to assess whether the ROC should be issued and it is satisfied that such information is accurate and reliable. (4) The third criterion is that the operator of the generating station has provided the Authority with a declaration (which the Authority shall be entitled to accept as sufficient evidence of its contents, and which the operator need only provide once during every obligation period) applicable to the relevant electricity that—
(b) he has not consumed (or, where the declaration relates to electricity that he proposes to generate after the declaration is made, that he will not consume) the electricity himself in such circumstances that its consumption has resulted (or, as the case may be, will result) in the electricity not having been supplied by an electricity supplier to customers in Great Britain (or, in the case of a ROC certifying the matters within section 32B(2A) of the Act, by a Northern Ireland supplier to customers in Northern Ireland); and (c) he is not (and will not during the obligation period become) a person mentioned in article 6(2)(b) or (4)(b). (5) The fourth criterion is that, where the electricity has been generated on land in Northern Ireland and supplied to customers in Great Britain, the operator of the generating station has provided the Authority with evidence of the following matters—
(b) that such electricity was delivered by means of a transmission and distribution network in Northern Ireland from the generating station to an interconnector between Great Britain and Northern Ireland during each relevant period; (c) that such electricity flowed across such interconnector to Great Britain during each relevant period; (d) that no electricity flowed, or was claimed by a user of the interconnector or the interconnector operator to have flowed, across such interconnector in the opposite direction during each relevant period; (e) that such interconnector was capable of conveying such quantity of electricity (together with any other electricity which was contracted to be conveyed) during each relevant period, and the Authority is satisfied with such evidence.
(b) that at the time the electricity was generated the generating station was connected directly to a transmission and distribution network in Northern Ireland, that it was not connected directly to any other transmission and distribution network and of those matters listed in paragraph (5)(a) to (e); and the Authority is satisfied with such evidence.
(b) that such electricity was delivered by means of a transmission and distribution network in Great Britain from the generating station to an interconnector between Great Britain and Northern Ireland during each relevant period; (c) that such electricity flowed across such interconnector to Northern Ireland during each relevant period; (d) that no electricity flowed, or was claimed by a user of the interconnector or the interconnector operator to have flowed, across such interconnector in the opposite direction during each relevant period; (e) that such interconnector was capable of conveying such quantity of electricity (together with any other electricity which was contracted to be conveyed) during each relevant period, and the Authority is satisfied with such evidence.
(b) certifying the matters within section 32B(2A) of the Act, where the Northern Ireland Authority has notified the Authority that it is not satisfied that the electricity in question has been supplied to customers in Northern Ireland. (3) The Authority may refuse to issue a ROC in any case where the Authority—
(b) except in the case of a ROC certifying the matters within section 32B(2A) of the Act, has reason to believe that the electricity in respect of which the Authority is considering issuing the ROC was consumed in circumstances which resulted in the electricity not having been supplied by an electricity supplier to customers in Great Britain; or (c) is not satisfied that the operator of the generating station has, during the relevant month, complied with any condition to which accreditation of the relevant generating station is subject. (4) For the purpose of article 16(3), where information regarding the fuel used by the generating station has originated at a separate location to that of the generating station, in determining whether it is accurate and reliable the Authority may have regard to—
(b) the conditions under which the fuel was prepared and transported; (c) the resources required for the Authority to verify the accuracy and reliability of the information; and (d) such other matters as it considers relevant. Procedure and calculations for issue of ROCs
(b) allocate ROC sequence numbers sequentially in ascending numerical order to all the ROCs issued in respect of electricity generated from eligible renewable sources by a particular generating station in a particular month; and (c) in the case of a generating station which in a particular month generates electricity from eligible renewable sources under or in compliance with a qualifying arrangement, issue ROCs in respect of that month—
(ii) thereafter, in the event that the generating station generates any electricity from eligible renewable sources in that month other than under a qualifying arrangement or which in that month is not required in compliance with such an arrangement to be made available to the nominated person, to the operator of that generating station. (2) Where it issues ROCs pursuant to this Part the Authority shall—
(b) deduct from the amount determined in accordance with sub-paragraph (a) any electricity in respect of which in the relevant month any of the relevant criteria in article 16 were not satisfied; (c) determine the amount of electricity which results from the calculations in sub-paragraphs (a) and (b) and round the amount so determined to the nearest megawatt hour (with any exact half megawatt hour being rounded upwards); (d) determine the number of ROCs which it is appropriate to issue for the amount of electricity determined pursuant to sub-paragraph (c) on the basis that one ROC represents one megawatt hour of electricity; and (e) issue the appropriate number of ROCs determined pursuant to sub-paragraph (d) to the operator of the generating station or to the electricity supplier as specified in article 15. (3) Subject to paragraphs (4), (5) and (6), for the purpose of paragraph (2)(a), the Authority shall use in the case of the amounts for "gross output" and "input electricity" (as those two expressions are defined in article 9(7)) either—
(b) where the operator of the generating station satisfies the Authority by the relevant date that it will never be possible for it to provide accurate figures, such figures as are estimated by the operator by the relevant date on a basis agreed in advance by the Authority. (4) Where figures are neither provided under paragraph (3)(a) nor estimated under paragraph (3)(b), the Authority may, in circumstances which it considers exceptional, accept figures which the operator of the generating station provides after the relevant date.
(b) shall, where the new determination under paragraph (2)(d) differs from the original determination under that provision, either—
(ii) revoke ROCs in accordance with article 20 where it has issued too many; or (iii) issue additional ROCs in accordance with paragraph (2)(e) where it has issued too few. (7) ROCs in respect of the relevant month shall be issued no earlier than the relevant date.
(b) in addition to the record of the particulars of each ROC, a list of the names of all persons who are either the registered holder of a ROC or, although not at that time the registered holder of a ROC, have notified the Authority that they wish an entry to be made and maintained in respect of them as prospective registered holders of ROCs. (5) Only the registered holder of a ROC may use it as the evidence or as part of the evidence required from him under article 3(1) and a ROC may not be used by its registered holder or by any other person as the evidence or as part of the evidence required under article 3(1) from any person other than the registered holder.
(b) shall revoke any ROC certifying the matters within section 32B(2A) of the Act where the Northern Ireland Authority has notified the Authority that it is not satisfied that the electricity in question has been supplied to customers in Northern Ireland; (c) shall, in accordance with the procedure laid down in paragraph (3), revoke any ROC where it is otherwise satisfied that the ROC is inaccurate; (d) may, in accordance with the procedure laid down in paragraph (3), revoke any ROC where—
(ii) the Authority has reasonable doubts as to the accuracy or reliability of the information upon which the Authority relied prior to the issue of the ROC; or (iii) the Authority has been unable, due to a failure or refusal by any person (whether inside or outside England and Wales) to provide the Authority with any information reasonably requested by it, to check the accuracy of either the ROC or any information which the Authority relied upon prior to the issue of the ROC; and (e) subject to paragraph (2), shall, in reaching a decision as to the inaccuracy of a ROC for the purposes of sub-paragraph (c) and in exercising its powers to revoke a ROC pursuant to sub-paragraph (d), disregard any changes to the amounts for "gross output" and "input electricity" (as those two expressions are defined in article 9(7)) which were used by it (as provided in article 18(3)) to determine the amount of electricity to be regarded as having been generated from eligible renewable sources by a particular generating station in a particular month. (2) Paragraph (1)(e) does not apply where, in accordance with article 18(6), the Authority has accepted later figures and made new determinations under article 18(2)(a) to (d).
(b) delete from the Register those ROCs previously allocated the highest ROC sequence numbers and remaining on the Register in advance of those with lower ROC sequence numbers, and in determining the number of ROCs which it is appropriate to revoke it shall proceed on the basis that one ROC represents one megawatt hour of electricity (with any exact half megawatt hour being rounded upwards).
(b) other than when a ROC has been revoked in accordance with paragraph (1)(a), the Authority may, in circumstances where it considers it appropriate to do so, issue a replacement ROC in accordance with the procedures laid down in paragraph (5), provided that it is satisfied that each of the relevant criteria in article 16 is met (having regard as necessary to the requirements in article 17), and such ROC shall be treated as if issued under article 15. (5) Where pursuant to paragraph (4)(b) the Authority issues a replacement ROC it shall—
(b) issue each replacement ROC to the person to whom the ROC issued in respect of that generating station and that month and bearing the same ROC sequence number was previously issued; and (c) proceed on the basis that one ROC represents one megawatt hour of electricity (with any exact half megawatt hour being rounded upwards). Small generators
(b) not less than one month before the beginning of any obligation period ("the relevant obligation period"), give notice in writing to the Authority that its entitlement to ROCs in respect of electricity generated by that station ("the relevant station") shall be determined on the basis set out in the remainder of this article.
(b) where an operator has given notice as specified in paragraph (2)(b), in the case of the relevant station for the relevant obligation period and subsequent obligation periods. (4) Where this paragraph applies, the reference to "month" in each place where it occurs in articles 5, 6, 7, 8, 9, 14, 15, 16, 17, 18 and 20 and Schedule 2 shall be taken to be a reference to "obligation period", subject to the following exceptions—
(b) in article 18(3)(a) the reference to "the second month" shall remain unchanged; (c) in paragraph 2(b)(i) of Schedule 2 the words "the month and year" shall be replaced by "the obligation period". (5) An operator who has given notice under paragraph (2) may—
(b) if he gave that notice under paragraph (2)(b), not less than 1 month before the beginning of any obligation period following the relevant obligation period, by notice in writing to the Authority, withdraw the notice given under paragraph (2). Allocation of payments made under article 11 22.—(1) The aggregate of the amounts received by the Authority under article 11 in respect of an obligation period ("the relevant obligation period") (together with any interest thereon received by the Authority) is referred to as "the buy-out fund". (2) The Authority shall pay out the buy-out fund, by the 1st November immediately following the relevant obligation period in accordance with the system of allocation specified in paragraphs (3) to (7). (3) The buy-out fund relating to a relevant obligation period shall be divided amongst the United Kingdom suppliers who meet one or more of the applicable conditions referred to in paragraphs (4), (5) and (6) so that each such United Kingdom supplier receives a proportion of the buy-out fund calculated in accordance with paragraph (7). (4) The applicable condition for a designated electricity supplier is that, in respect of the relevant obligation period, it has complied (in whole or in part) with its renewables obligation by producing qualifying certificates to the Authority. (5) The applicable condition for an electricity supplier supplying electricity in Scotland is that, in respect of a period contemporaneous with the relevant obligation period, it has complied (in whole or in part) with any renewables obligation imposed on it in accordance with section 32(1) of the Act by producing qualifying certificates to the Authority. (6) The applicable condition for a Northern Ireland supplier is that, in respect of a period contemporaneous with the relevant obligation period, it has complied (in whole or in part) with any renewables obligation imposed on it in accordance with article 52 of the Northern Ireland Energy Order by producing qualifying certificates to the Northern Ireland Authority. (7) The proportion of the buy-out fund which each United Kingdom supplier is entitled to receive under paragraph (3) is equal to the proportion which the amount of the electricity covered by all of the qualifying certificates it has produced as mentioned in paragraphs (4), (5) or (6), bears to the total amount of the electricity covered by all of the qualifying certificates produced to the Authority or to the Northern Ireland Authority in respect of the relevant obligation period, or any period contemporaneous with the relevant obligation period, in discharge of any renewables obligation imposed in accordance with section 32(1) of the Act or article 52 of the Northern Ireland Energy Order. Late payments 23.—(1) As soon as reasonably practicable after the specified day in relation to an obligation period ("the obligation period in question"), the Authority shall notify any designated electricity supplier that has not discharged its renewables obligation in full by the specified day ("defaulting supplier") that it has not fully discharged its renewables obligation, and to what extent. (2) If a defaulting supplier makes a late payment to the Authority before the end of the late payment period relating to the obligation period in question it shall be treated as having discharged its renewables obligation in full for that obligation period. (3) If a defaulting supplier pays part of a late payment to the Authority before the end of the late payment period relating to the obligation period in question it shall be treated as having discharged the same proportion of the amount of its renewables obligation which was not discharged by the specified day as the proportion which the partial payment bears to the total late payment required in order for the supplier to be treated under paragraph (2) as having discharged its renewables obligation in full for the obligation period in question. (4) The Authority shall pay out the late payment fund by the 1st January immediately following the late payment period, in accordance with the system of allocation specified in article 22(3) to (7), as if—
(b) the references in paragraphs (3) to (7) of that article to a "relevant obligation period" were references to the obligation period in question. (5) The Authority shall not, during the late payment period, impose a penalty under section 27A(1)[21] of the Act on any defaulting supplier in respect of that supplier's failure to discharge its renewables obligation in full before the specified day.
(ii) interest on the amount specified in paragraph (i) charged at the specified rate and calculated on a daily basis, from the specified day to the date on which payment is received by the Authority; (b) "the late payment fund" means the aggregate of the amounts received by the Authority under paragraphs (2) and (3) in respect of the obligation period in question (together with any interest received thereon by the Authority); and Mutualisation: Payments In
(b) where a relevant shortfall has occurred, notify each relevant supplier of—
(ii) the amount to be recovered from all relevant suppliers in accordance with paragraph (3); and (iii) the amount of the payment that the relevant supplier is required to make under paragraph (4). (2) Where the Authority notifies relevant suppliers under paragraph (1)(b) it shall publish a notice stating—
(b) the amount to be recovered from all relevant suppliers in accordance with paragraph (3). (3) Where a relevant shortfall has occurred, the specified amount shall be recovered from all relevant suppliers in accordance with paragraph (4).
(b) 25 per cent of the total payment required shall be paid to the Authority before the 1st December in the mutualisation period; (c) 25 per cent of the total payment required shall be paid to the Authority before the 1st March in the mutualisation period; and (d) 25 per cent of the total payment required shall be paid to the Authority before the 1st June in the obligation period immediately following the mutualisation period. (8) Where a person required to make a payment under paragraph (4)—
(b) at any time during or after the end of the shortfall period in question, ceases to hold a licence to supply electricity under section 6(1) of the Act, sections 25 to 28 of the Act shall apply in respect of that person in respect of the obligations imposed by this article, as if that person still held a licence to supply electricity.
(b) 1st February in the mutualisation period; (c) 1st May in the obligation period immediately following the mutualisation period; and (d) 1st August in the obligation period immediately following the mutualisation period. (2) The mutualisation fund relating to a shortfall period shall be divided amongst the compliant United Kingdom suppliers who meet one or more of the applicable conditions specified in paragraphs (3), (4) and (5) so that each such compliant United Kingdom supplier receives a proportion of the mutualisation fund calculated in accordance with paragraph (6).
(b) any designated electricity supplier who received such payment shall notify the Authority, immediately after receiving the payment, of the amount it received. (2) If the Authority receives a notification from a United Kingdom supplier in relation to a payment made by a designated electricity supplier in respect of the designated electricity supplier's failure to discharge its renewables obligation in full for the shortfall period and, due to any recalculations required under paragraph (3), it is not reasonably practicable for it to pay out the mutualisation fund by the date required by article 25(1), the Authority shall pay out the mutualisation fund as soon as reasonably practicable after that date.
(b) issue a revised notification to each relevant supplier detailing—
(ii) the recalculated amount of the total payment the relevant supplier is required to make under article 24(4) ("recalculated supplier payment") and a breakdown of any instalment payments required after the date of the notification in respect of the recalculated supplier payment in accordance with paragraph (4) ("future instalment payments"). (4) Where the instalment payments already made by a relevant supplier are less than the recalculated supplier payment required from a relevant supplier, that supplier shall make future instalment payments on the dates mentioned in article 24(7) which have not yet passed, each instalment payment being equal to the outstanding amount divided by the number of future instalment payments.
(b) "mutualisation fund" means the aggregate at any given time of the amounts (excluding any amounts repaid under article 26(5)) received by the Authority under articles 24 and 26 in respect of a shortfall period (together with any interest received thereon by the Authority); (c) "mutualisation payment" means a payment required under article 24(4); (d) "mutualisation period" means the second obligation period following a shortfall period; (e) "non-compliant United Kingdom supplier" means a United Kingdom supplier which, at the end of the late payment period, has not discharged or is not treated as if it had discharged in full every renewables obligation imposed on that supplier in accordance with section 32(1) of the Act or article 52 of the Northern Ireland Energy Order, in respect of the obligation period to which that late payment period relates, or any period contemporaneous with that obligation period; (f) "outstanding amount" means the recalculated supplier payment less the total of any instalment payments already made by the relevant supplier in accordance with article 24(7); (g) "payment total" means the total of—
(ii) the late payment fund in relation to the obligation period in question (less any sums paid to the Authority as referred to in article 23(6)(a)(ii)) immediately before it is paid out in accordance with article 23; (h) "recalculated supplier payment" has the meaning given by article 26(3)(b)(ii);
(ii) what the payment total would have been if all the designated electricity suppliers who, at the end of the late payment period in relation to an obligation period had not discharged or were not treated as if they had discharged their renewables obligation in full under article 23(2), had made a payment referred to in article 23(6)(a)(i); (l) "shortfall period" means an obligation period in respect of which a relevant shortfall occurs; (2) If, in the case of the calendar year 2006 or any subsequent calendar year, the annual retail prices index for that year ("the later year") is higher or lower than that for the previous year, the figure of £200,000,000 used in the definition of "specified amount" shall, in relation to the obligation period beginning on the 1st April immediately following the later year, be increased (if the index is higher) or decreased (if the index is lower) by the annual percentage inflation rate of the retail prices index for the later year. Provision of information to the Authority 28.—(1) The Authority may require a designated electricity supplier to provide it with such information in such form and within such time as it may reasonably require which is, in the Authority's opinion, relevant to the question whether the supplier is discharging, or has discharged, its renewables obligation in relation to any obligation period. (2) The Authority may request any person who generates, supplies, distributes or transmits electricity in relation to which a ROC has been or may be issued, or any person who buys or sells such electricity or ROCs (otherwise than as a consumer) to provide the Authority with such information in such form and within such time as it may reasonably request in order to carry out any of its functions under this Order. Exchange of information with the Northern Ireland Authority 29.—(1) The Authority shall, as soon as reasonably practicable after the specified day, notify the Northern Ireland Authority of the NIROC identifier of each NIROC produced to it by a designated electricity supplier under article 12 and the name of the designated electricity supplier which produced that NIROC and of the total number of NIROCs produced to the Authority under article 12 in respect of the obligation period to which the specified day relates. (2) The Authority shall, as soon as reasonably practicable after receiving a notification from the Northern Ireland Authority as to the ROC identifiers of ROCs produced to it by the Northern Ireland suppliers under any NIRO Order, inform the Northern Ireland Authority of—
(b) the ROC identifier of any ROC so notified that has also been produced by a designated electricity supplier under article 3(2) and the date on which it was also produced. (3) The Authority shall as soon as reasonably practicable after the specified day notify the Northern Ireland Authority as to the number of certificates produced to the Authority under article 3 and the number of certificates certifying the matters in section 32B(2A) of the Act produced to the Authority under article 13 by each designated electricity supplier in respect of the obligation period to which the specified day relates.
(b) keeping and maintaining a list of ROCs which have been revoked and making such list available to the public; (c) calculating and publishing before the start of each obligation period (with the exception of the first obligation period to which this Order relates) the amount of the payment per megawatt hour of electricity referred to in article 11 resulting from the adjustments made to reflect changes in the retail prices index; (d) calculating and publishing before the start of each obligation period (with the exception of the first obligation period to which this Order relates) the figure referred to in article 27(2) resulting from the adjustments made to reflect changes in the retail prices index; (e) publishing from time to time the total ROC claim; (f) by 1st April each year (with the exception of 1st April 2006 and 1st April 2007)) publishing an annual report in relation to the obligation period ending on the 31st March in the previous calendar year, such report to include details (or, in the case of sub-paragraph (ix), a summary) of—
(ii) the sums received by each United Kingdom supplier under articles 22 and 23; (iii) the number of ROCs issued by the Authority in accordance with articles 15 and 20, the number of ROCs and other certificates accepted by it as evidence under article 3(1), the number of NIROCs accepted by it under article 12, the number of ROCs and other certificates accepted by it under article 13, and the number of ROCs issued but not yet deleted in respect of the obligation period; (iv) the number of ROCs issued by the Authority in accordance with articles 15 and 20 broken down into different descriptions of generating stations (as referred to in paragraph 2 of Schedule 2); (v) any notices published by the Authority under article 24(2); (vi) any instalment payments made to the Authority in accordance with article 24(7), during the period to which the annual report relates; (vii) the sums received by each compliant United Kingdom supplier under article 25(2), during the period to which the annual report relates; (viii) any recalculations carried out by the Authority in accordance with article 26(3), during the period to which the annual report relates; (ix) the outcome of any enquiries or investigations conducted by the Authority pursuant to paragraph (g); and (x) any other matters which the Authority considers relevant to the implementation of this Order; (g) monitoring implementation of the renewables obligation and compliance with this Order by designated electricity suppliers and operators of generating stations (including compliance by operators of generating stations with any conditions attached to their accreditation) and such monitoring may include conducting enquiries or investigations into—
(ii) the quantities of such electricity supplied to customers in Great Britain; (iii) the transfer and holding of ROCs; (iv) the effect of such matters on the making and allocation of payments under articles 11, 22, 23, 24, 25 and 26; and (v) the effect of the renewables obligation on designated electricity suppliers and the operators of generating stations; (h) publishing at its discretion reports of enquiries or investigations conducted by the Authority pursuant to paragraph (g); and Preliminary accreditation and accreditation of generating stations
(b) planning permission under the Town and Country Planning Act 1990 has been granted, has not been commissioned, the Authority may, upon the application of the person who proposes to construct or operate the generating station, grant the station preliminary accreditation as being capable of generating electricity from eligible renewable sources.
(b) the Authority has reason to believe that the information on which the decision to grant the preliminary accreditation was based was incorrect in a material particular; or (c) there has been a change in applicable legislation since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made under the amended legislation, it would not in the Authority's view have been granted; but otherwise shall grant the application.
(b) amend conditions attached to the preliminary accreditation or accreditation under paragraph (5); (c) attach conditions to the preliminary accreditation or accreditation. (7) The circumstances referred to in paragraph (6) are as follows—
(b) any condition subject to which preliminary accreditation or accreditation was granted has not been complied with; (c) the Authority has reason to believe that the information on which the decision to grant the preliminary accreditation or accreditation was based was incorrect in a material particular; (d) there has been a change in applicable legislation since the preliminary accreditation or accreditation was granted such that, had the application for preliminary accreditation or accreditation been made under the amended legislation, it would not in the Authority's view have been granted. (8) The Authority shall notify the applicant in writing of—
(b) any conditions attached to the preliminary accreditation or accreditation; and (c) any withdrawal of preliminary accreditation or accreditation. (9) In providing written notification under paragraph (8), the Authority shall specify the date on which the grant or withdrawal of preliminary accreditation or accreditation is to take effect and, where applicable, the date on which any conditions attached to the preliminary accreditation or accreditation are to take effect. Revocation, transitional and savings 32.—(1) Subject to paragraphs (2) to (15), the 2005 Order is hereby revoked. (2) The 2005 Order shall continue to apply in respect of the renewables obligation of each designated electricity supplier to produce to the Authority evidence in accordance with the terms of article 3 of the 2005 Order, before the specified day of 1st October 2006; and for the purposes of this article, the first line in the column headed "Obligation period", and the first percentage specified in the column headed "Percentage of total supplies" in Schedule 1 to the 2005 Order shall continue to apply. (3) The 2005 Order shall continue to apply in respect of the obligations of each designated electricity supplier in terms of article 6(5) of the 2005 Order to furnish information to the Department of Trade and Industry by no later than the 20th June 2006. (4) The 2005 Order shall continue to apply in respect of the obligations of each designated electricity supplier in terms of article 6(6) of the 2005 Order to inform the Authority before the 7th August 2006 of the amount in megawatt hours of its renewables obligation in respect of the obligation period which ended before the 7th August 2006 and the amount of all electricity supplied by that designated electricity supplier to customers in England and Wales during that obligation period. (5) The 2005 Order shall continue to apply in respect of the ability of a designated electricity supplier to discharge its renewables obligation in relation to the obligation period ending on 31st March 2006 by making a payment to the Authority before the specified day of 1st October 2006, in accordance with the terms of article 7 of the 2005 Order. (6) The 2005 Order shall continue to apply in respect of the obligations of the Authority to pay out the buy-out fund, by 1st December 2006, in accordance with the terms of article 15 of the 2005 Order. (7) The 2005 Order shall continue to apply in respect of the ability of a designated electricity supplier to discharge its renewables obligation in relation to the obligation period ending on 31st March 2006 by producing to the Authority eligible NIROCs before the specified day of 1st October 2006, in accordance with the terms of article 8 of the 2005 Order. (8) The 2005 Order shall continue to apply in respect of the ability of a designated electricity supplier to discharge its renewables obligation in relation to the obligation period ending on 31st March 2006 by producing to the Authority certificates issued by the Authority certifying the matters in section 32B(2A) of the Act before the specified day of 1st October 2006, in accordance with the terms of article 9 of the 2005 Order. (9) The 2005 Order shall continue to apply in respect of the ability of a designated electricity supplier to be treated as having discharged its renewables obligation in relation to the obligation period ending on 31st March 2006 by making a late payment to the Authority before the end of the late payment period in question, in accordance with the terms of article 17 of the 2005 Order. (10) The 2005 Order shall continue to apply in respect of the obligations of the Authority to notify any designated electricity supplier that has not discharged its renewables obligation in full by the specified day relating to the obligation period ending on 31st March 2006, and to what extent, in accordance with the terms of article 17 of the 2005 Order. (11) The 2005 Order shall continue to apply in respect of the obligations of the Authority to pay out the late payment fund, by 1st February 2007 in accordance with the terms of article 17 of the 2005 Order. (12) The 2005 Order shall continue to apply in respect of the obligations of the Authority to notify to the Northern Ireland Authority the information detailed in article 16 of the 2005 Order, in accordance with the terms of that article of the 2005 Order. (13) The 2005 Order shall continue to apply in respect of all the obligations of the Authority and designated electricity suppliers referred to in article 18 of the 2005 Order in accordance with the terms of that article and insofar as those obligations relate to a relevant shortfall occurring in the obligation period ending on 31st March 2006. (14) For the purposes of paragraph (13), the first line in the column headed "Obligation period", and the first amount specified in the column headed "Amount" in Schedule 4 to the 2005 Order shall continue to apply. (15) The 2005 Order shall continue to apply in respect of all the functions of the Authority referred to in article 19 of the 2005 Order insofar as they relate to the obligation period ending on 31st March 2006. Malcolm Wicks Minister for Energy Department of Trade and Industry 30th March 2006
1.The Authority shall maintain the Register (which may be in electronic form) at any of its premises. 2.Particulars of a ROC comprise—
(b) an identifier unique to the ROC ("the ROC identifier") determined by the Authority and containing the following information (or reference to that information in coded format)—
(ii) the location of the generating station; (iii) a description of the generating station including reference to the eligible renewable source or sources used to generate electricity by that generating station; (iv) the date of issue of the ROC; and (v) the ROC sequence number determined by the Authority in accordance with article 18(1)(a) or 20(5). 3.A person may only be the registered holder of a ROC or have an entry made and maintained in respect of them under article 19(4)(b) if they provide to the Authority in writing—
(b) details of persons authorised to act on their behalf in respect of the production of ROCs as the evidence or part of the evidence required under article 3(1) and in respect of requests for amendments to be made to the Register as provided for in this Schedule. 4.The Authority may from time to time draw up procedural guidelines for itself and others to assist it in maintaining the Register and carrying out its functions in respect thereof.
(b) has in accordance with article 3(3) or article 13 been produced as evidence or as part of the evidence required under article 3(1); (c) is no longer eligible to be produced as evidence or as part of the evidence required under article 3(1); (d) the registered holder requests should be deleted; or (e) the Northern Ireland Authority has notified the Authority has been produced to the Northern Ireland Authority by a Northern Ireland supplier under a NIRO Order; and where it is so deleted, the ROC cannot thereafter be produced as the evidence or part of the evidence required under article 3(1).
(b) the Authority shall—
(ii) in all other instances, within 5 banking days, after the banking day on which it is first in receipt at the commencement of its working hours of requests which comply with sub-paragraph (a), amend the particulars of the ROC recorded in the Register to show the substitute as the registered holder. 7.Where the Authority receives in writing a request for substitution it shall inform both the registered holder of the ROC and the substitute named therein that the request has been received and, in the event that the requests from the registered holder of the ROC and the person whom he wishes to be the substitute are not identical in all material respects or do not include the ROC identifier of the ROC, shall draw this to their attention.
(b) where a decision of a Court of competent jurisdiction or the operation of law requires the amendment of the Register; (c) in any other case where by reason of any error or omission on the part of the Authority it is necessary to amend the Register. 11.The contents of the Register (including the entries referred to in article 19(4)(b)) shall be available for inspection by the public on request at reasonable notice during the Authority's working hours and at the request of any person the Authority shall provide a written statement of any entry on the Register including any entry referred to in article 19(4)(b). 1.The electricity to which the NIROC relates was generated from renewable sources. 2.The electricity was generated in Northern Ireland (which for the purposes of this paragraph shall not include any part of the territorial sea of the United Kingdom). 3.The electricity to which the NIROC relates was not generated by a generating station that is a large hydro generating station unless it was first commissioned after 1st April 2002. 4.Subject to paragraphs 5 and 6, the electricity to which the NIROC relates was not generated by a generating station (oth |