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The Renewables Obligation (Amendment) Order (Northern Ireland) 2013

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2013, ISBN 9780337990786

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Assembly under Article 66(2) of the Energy (Northern Ireland) Order 2003 for approval by resolution of the Assembly

Electricity

Made ****

Coming into operation 1st May 2013

The Department of Enterprise, Trade and Investment (“the Department”) makes the following Order in exercise of the powers conferred upon it by Articles 52 to 55F and 66(3) of the Energy (Northern Ireland) Order 2003f1 and section 2(2) of the European Communities Act 1972f2 (“the 1972 Act”) (as read with paragraph 1A of Schedule 2 to the 1972 Actf3).

The Department is designatedf4 for the purposes of section 2(2) of the 1972 Act in relation to energy and energy sources.

This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Department that it is expedient for the references to Annex 5 to Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sourcesf5 inserted by this Order into Article 46A of the Renewables Obligation Order (Northern Ireland) 2009f6 to be construed as references to Annex 5 to the Directive as amended from time to time.

The Department has had regard to those matters stated in Article 54B(4) of the 2009 Order and has held a review by virtue of Article 54B(8) of that Order.

The Department has consulted the Northern Ireland Authority for Utility Regulation, the General Consumer Council for Northern Ireland, electricity suppliers to whom this Order applies, and such generators of electricity from renewable sources in Northern Ireland and other persons as it considered appropriate in accordance with Article 55E of that Order.

In accordance with Article 66(2) of that Order a draft of this instrument was laid before and approved by a resolution of the Assembly.

Annotations to the whole text

Footnotes

f1

S.I. 2003/419 (N.I.6) Articles 52 to 55F were substituted by S.R. 2009 No.35

f2

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

f3

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by Article 3 of S.I. 2007/1388 and Part 1 of the Schedule to the European Union (Amendment) Act 2008.

f4

S.I. 2010/761.

f5

OJ L 140, 5.6.2009, p.16.

f6

S.R. 2009 No. 154 as amended by S.R. 2011 No. 169

Contents

  1. 1Citation, commencement, extent and interpretation
  2. 2Amendments to Article 2 of the 2009 Order (interpretation)
  3. 3Amendment to Article 4 (biomass and fuels which are to be treated as biomass)
  4. 4Amendments to Article 13 (further provision in relation to the production of renewables obligation certificates)
  5. 5Amendment to Article 15 (when electricity is to be regarded as supplied to customers in Northern Ireland)
  6. 6Amendments to Article 18A (generating stations accredited for longer than 20years)
  7. 7Amendments to Article 21 (circumstances in which no NIROCs are to be issued in respect of electricity generated from renewable sources)
  8. 8Amendment to Article 22 (NIROCs to be issued by Authority in respect of a generating station’s renewable output)
  9. 9Renumber Article 22A (circumstances in which no NIROCs are to be issued in respect of electricity generated from bioliquid) as Article 21A
  10. 10Renumber Article 22B (common agricultural requirements) as Article 21B
  11. 11Amendments to Article 23 (calculating a generating station’s renewable output)
  12. 12Amendments to Article 24 (renewable output of a qualifying combined heat and power generating station)
  13. 13Amendment to Article 25 (the amount of electricity to be stated in each NIROC)
  14. 14Substitution of Article 26 (qualifying combined heat and power generating stations)
  15. 15Co-firing
  16. 16Amendment to Article 27 (microgenerators and qualifying new small scale generators)
  17. 17Amendment to Article 27 (microgenerators and qualifying new small scale generators)
  18. 18Amendment to Article 27A (Qualifying new onshore wind stations and qualifying new solar photovoltaic stations)
  19. 19Amendment to Article 27B (Qualifying new hydro stations)
  20. 20Amendments to Article 28 (generating stations which were accredited as at 11th July 2006)
  21. 21Wave and tidal stream generating stations
  22. 22Amendments to Article 29 (generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009)
  23. 23Amendment to Article 30 (generating stations in respect of which a statutory grant has been awarded)
  24. 24Amendments to Article 31 (review of banding provisions)
  25. 25Amendment to Article 34 (general criteria for the issue of NIROCs)
  26. 26Amendments to Article 46 (information to be provided to the Authority where electricity is generated from biomass or fossil derived bioliquid)
  27. 27Amendments to Article 46A (bioliquid sustainability audit report)
  28. 28Registration as a grace period generating station
  29. 29Amendment to Article 52 (modification of this Order in relation to microgenerators in certain circumstances)
  30. 30The 2009 Order: Schedule 1
  31. 31Amendments to Part 1 of Schedule 2 (interpretation)
  32. 32Substitution of Part 2 of Schedule 2 (amount of electricity to be stated in NIROCs generally)
  33. 33Amount of electricity to be stated in NIROCs issued for electricity generated using 2013/14 capacity, 2014/15 capacity, 2015/16 capacity or post-2016 capacity
  34. 34Transitionals
  35. Signature
  36. Explanatory note