Article 12 Circumstances relating to certain biomass generating stations having been certified under the CHPQA and notified to the Authority on or before the relevant date

(1)

The circumstances set out in this article are where the electricity is generated—

(a)

using the original capacity of a generating station—

(i)

which was certified under CHPQA 3 or CHPQA 5 at any time on or before the relevant date (whether or not the station remains so certified),

(ii)

which is not a relevant fossil fuel generating station,

(iii)

which was accredited on or before 30th September 2018,

(iv)

which has, in at least one month since it was accredited, generated electricity only from biomass, and

(v)

in respect of which a notice of intent (within the meaning of article 13) was received by the Authority on or before the relevant date, and

(b)

in a month in which the station generates electricity wholly or partly from solid fuel which is—

(i)

regular biomass, or

(ii)

energy crops.

(2)

For the purposes of paragraph (1)(a)(iv), in determining whether electricity has been generated only from biomass, no account is to be taken of any fossil fuel or waste which the generating station uses for permitted ancillary purposes.