Explanatory note

This Order amends the Renewables Obligation Closure Order 2014 (“the Closure Order”) and the Renewables Obligation Order 2015.

Article 2 inserts new definitions into the Closure Order, including for “small solar pv station” and “valid application for planning permission”. Small solar pv stations are generating stations which generate electricity from sunlight and which have an RO capacity below or equal to 5 megawatts. The RO capacity of a solar pv station is the original capacity of the station together with any additional capacity added to the station before 1st April 2014 and any additional capacity registered under a renewables obligation order. A valid application for planning permission is an application which fulfils certain requirements of the planning legislation in England, Wales or Scotland as the case may be. Article 2 also makes consequential amendments to the definitions in the Closure Order relating to large solar pv stations.

Article 3 inserts articles 2E to 2H into the Closure Order. The new article 2E prevents renewables obligation certificates (“ROCs”) from being issued for electricity generated by small solar pv stations after the small solar pv closure date (“the closure date”) of 31st March 2016 (or if later, the last day of the month in which this Order comes into force). A number of exceptions to this restriction on the issue of ROCs are set out in new articles 2F to 2H.

The new article 2F sets out various exceptions for electricity generated after the closure date using the original capacity of a small solar pv station.

The new article 2G sets out an exception for electricity generated after the closure date using additional capacity which was added to a small solar pv station on or before 31st March 2017. The solar pv station must have been accredited on or before 22nd July 2015 and the documents specified in new article 2G must have been submitted to the Authority in relation to the station.

The new article 2H sets out two other exceptions for electricity generated after the closure date using additional capacity added to a small solar pv station. In both cases, the solar pv stations must have been accredited on or before the closure date. One of the exceptions is for additional capacity added to the station on or before the closure date. The other exception is for additional capacity added to the station on or before 31st March 2017, as long as the documents specified in the new article 2H have been submitted to the Authority in respect of the additional capacity.

Article 4 makes consequential amendments to the Closure Order including an amendment to article 3 of the Closure Order (no certificates to be issued in respect of electricity generated after 31st March 2017 by stations which are not large solar pv stations), so that the remainder of the Closure Order does not apply to any solar pv stations.

Article 5 amends the Renewables Obligation Order 2015 by inserting provision in article 91 (registration of offshore wind turbines) to permit an application to the Authority for registration of offshore wind turbines to be made until 31st March 2018, where the offshore wind station is able to generate electricity falling within the circumstances set out in article 5, 6, 7 or 11 of the Closure Order.

An explanatory memorandum is available alongside this Order on www.legislation.gov.uk. An impact assessment of the effect that this Order will have on the costs of business and the voluntary sector is available alongside the Order on that website.