Regulation 2 Interpretation

In these Regulations—

• “accreditation” means accreditation under any of the renewables obligation orders;

• “the Act” means the Energy Act 2013;

• “additional qualification requirements” means the requirements set out in Chapter 4 of Part 4 applicable to particular applications;

• “administrative strike price” means the strike price—

  1. (a)

     used by the delivery body to value an application under regulation 29^f1; and

  2. (b)

     which is the maximum strike price which applies to a successful application;

• “allocation process” means the process included in an allocation framework by which the delivery body determines which qualifying applications are successful applications and the strike price applicable to successful applications;

• “allocation round notice” has the meaning given by regulation 4;

• “appeals deadline date” has the meaning given by regulation 43(2)(c) and which date is listed in the allocation framework for an allocation round further to regulation 31(1)(b);

• “applicable planning consents” has the meaning given by regulation 24(1);

• “applicant” has the meaning given by regulation 16(2);

• “application” means (except in paragraph 4(b) of Schedule 1) a request by an applicant to the delivery body to take part in an allocation process in respect of a CFD unit;

• “application closing date” in relation to an allocation round has the meaning given by regulation 4(2)(b)(iii);

• “applications valuations” has the meaning given by regulation 29(1) and (2);

• “audit report” has the meaning given by regulation 36(2)(b);

• “budget notice” means a notice required by regulation 11;

• “budget revision notice” means a notice referred to in regulation 12(2)(b);

• “CFD unit” means the whole or part of an eligible generating station;

• “connection agreement” has the meaning given by regulation 25(6);

• “delivery body” means—

  1. (a)

     the national system operator; or

  2. (b)

     if the national system operator’s functions under Chapter 2 of Part 2 of the Act have been transferred to an alternative delivery body, that body;

• “delivery year” means any of—

  1. (a)

     the period from the date on which these Regulations come into force and ending on 31st March 2015; and

  2. (b)

     the 12 month periods commencing on 1st April 2015 and each anniversary of that date and ending with the 12 month period ending on 31st March 2020;

• “distribution system” has the meaning given by section 4(4) of the Electricity Act 1989^f2;

• “excluded application” has the meaning given by regulation 14(1);

• “final strike price” means the strike price which applies to a successful application after the allocation process applicable to that application has been completed;

• “framework notice” has the meaning given by regulation 7(1);

• “framework revision notice” has the meaning given by regulation 8(4);

• “general qualification requirements” means the requirements set out in Chapter 3 of Part 4;

• “halt direction” has the meaning given by regulation 38(1)(a)(ii);

• “maxima” has the meaning given by regulation 11(2)(b);

• “minima” has the meaning given by regulation 11(2)(a);

• “non-fossil fuel orders” means—

  1. (a)

     the Electricity (Non-Fossil Fuel Sources)(England and Wales) Order 1994^f3;

  2. (b)

     the Electricity (Non-Fossil Fuel Sources)(Scotland) Order 1994^f4;

  3. (c)

     the Electricity (Non-Fossil Fuel Sources)(England and Wales) Order 1997^f5;

  4. (d)

     the Electricity (Non-Fossil Fuel Sources)(Scotland) Order 1997^f6;

  5. (e)

     the Electricity (Non-Fossil Fuel Sources)(England and Wales) Order 1998^f7;

  6. (f)

     the Electricity (Non-Fossil Fuel Sources)(Scotland) Order 1999^f8;

• “non-qualification determination” has the meaning given by regulation 19(2)(b);

• “non-qualification review” has the meaning given by regulation 20(1);

• “non-qualification review request date” has the meaning given by regulation 20(2)(a);

• “offshore waters” means waters—

  1. (a)

     in or adjacent to England, Wales or Scotland which are between the mean low water mark and the seaward limits of the territorial sea; or

  2. (b)

     within the area of the sea designated under section 41(3) of the Marine and Coastal Access Act 2009^f9;

• “offshore wind CFD unit” means a CFD unit which generates electricity by the use of wind and which is situated (or is to be situated) wholly in offshore waters;

• “overall budget” means an amount set out in a budget notice, which is the total—

  1. (a)

     sum of money potentially payable by the CFD counterparty under CFDs to eligible generators in a delivery year;

  2. (b)

     capacity of electricity which may be generated by generating stations subject to a CFD in a delivery year; or

  3. (c)

     a combination of (a) and (b);

• “pending applicant” and “pending application” have the meanings given to those terms by regulation 49(2);

• “pending bid” has the meaning given by regulation 50(2)(b);

• “phased offshore wind CFD unit” means an offshore wind CFD unit—

  1. (a)

     which is to be established or altered by two or three phases of construction;

  2. (b)

     where each phase of construction is to provide new generating capacity; and

  3. (c)

     in the case of a CFD unit which is to be established, where each phase of construction is to provide a generating capacity of more than 5 megawatts;

• “post-appeals indicative start date” has the meaning given by regulation 31(2);

• “pot” has the meaning given by regulation 11(2)(c);

• “proceed direction” has the meaning given by regulation 38(1)(b)(i);

• “proceed notice” has the meaning given by regulation 37(1)(b)(i);

• “qualification appeal” has the meaning given by regulation 43(1);

• “qualifying applicant” has the meaning given by regulation 17(2) and includes a person determined by the appeals body as a qualifying applicant;

• “qualifying application” has the meaning given by regulation 17(2);

• “registration” means, other than in Schedule 1, registration on the central FIT register as an accredited FIT installation within the meaning of Part 3 of the Feed-in Tariffs Order 2012^f10;

• “relevant CFD unit” means the CFD unit which is the subject of an application;

• “relevant works” has the meaning given by regulation 23(2) and (4);

• “renewables obligation orders” means—

  1. (a)

     the Renewables Obligation Order 2009^f11; or

  2. (b)

     the Renewables Obligation (Scotland) Order 2009^f12;

• “re-run notice” has the meaning given by regulation 37(1)(b)(ii);

• “review notice” has the meaning given by regulation 20(1);

• “round variation notice” has the meaning given by regulation 5(1)(a);

• “strike price” means (except in Part 10) a price (“SP”) for one megawatt hour of electricity generated by a CFD unit;

• “successful application” means an application in respect of which, further to an allocation process, a CFD notification may be made or, in the case of an application in respect of a phased offshore wind CFD unit, more than one CFD notification may be made;

• “termination notice” has the meaning given by regulation 5(1)(b);

• “transmission system” has the meaning given by section 4(4) of the Electricity Act 1989;

• “variation notice” has the meaning given by regulation 34(2);

• “working day” means 9 am to 5 pm on Mondays to Fridays excluding—

  1. (a)

     bank holidays within the meaning of section 1 of the Banking and Financial Dealings Act 1971^f13, including—

     1. (i)

        except in respect of Part 10, those bank holidays in part only of Great Britain;

     2. (ii)

        in respect of Part 10, those bank holidays in part only of the United Kingdom;

  2. (b)

     Good Friday; and

  3. (c)

     when it falls on a day that would otherwise be a working day, Christmas Day.

The following have the same meanings as they have in the Contracts for Difference (Definition of Eligible Generator) Regulations 2014^f14—

• “biomass conversion station”;

• “complete CCS system”;

• “eligible generating station”;

• “eligible generator”;

• “generating station”;

• “hydro generating station”;

• “landfill gas”;

• “photovoltaic array”;

• “relevant fossil fuel generating station”;

• “sewage gas”.