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The Renewables Obligation Order (Northern Ireland) 2009

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

Draft 2009, ISBN 9780337976759

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 2009

Coming into operation 1st April 2009

The Department of Enterprise, Trade and Investment makes the following Order in exercise of the powers conferred on it by Articles 52 to 55F and 66(3) of the Energy (Northern Ireland) Order 2003f1.

The Department has had regard to those matters stated in Article 54B(4) 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, persons generating electricity from renewable sources in Northern Ireland and such other persons as it considers appropriate.

Annotations to the whole text

Footnotes

f1

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

Contents

  1. Part 1: Introductory Provisions
  2. 1Citation and commencement
  3. 2Citation and commencement
  4. 3Waste as a renewable energy source
  5. 4Biomass and fuels which are to be treated as biomass
  6. Part 2: The Renewables Obligation
  7. 5The renewables obligation
  8. 6Part of calculation A referable to Great Britain
  9. 7Part of calculation A referable to Northern Ireland
  10. 8Calculation A
  11. 9Calculation B
  12. 10Calculation C
  13. 11Determining the number of renewables obligation certificates to be produced in an obligation period
  14. 12Determining the number of renewables obligation certificates to be produced in an obligation period
  15. 13Further provision in relation to the production of renewables obligation certificates
  16. Part 3: Matters to be certified by and content of NIROCs
  17. 14Matters to be certified by NIROCs
  18. 15When electricity is to be regarded as supplied to customers in Northern Ireland
  19. 16When electricity used in a permitted way for NIROCs certifying matters within Article 54(5) or (6) of the Energy Order
  20. Part 4: Cases and circumstances when a NIROC must not be issued
  21. 17Excluded generating stations
  22. 18Generating stations first commissioned before 1stJanuary 1990
  23. 19Generating stations in respect of which a NFFO arrangement applied but was terminated
  24. 20Non-commissioned generating stations in respect of which a NFFO arrangement applies
  25. 21Circumstances in which no NIROCs are to be issued in respect of electricity generated from renewable sources
  26. Part 5: NIROCs to be issued by Authority in respect of renewable output
  27. 22NIROCs to be issued by Authority in respect of a generation station’s renewable output
  28. 23Calculating a generating station’s renewable output
  29. 24Renewable output of a qualifying combined heat and power generating station
  30. Part 6: Banding and Grandfathering
  31. 25The amount of electricity to be stated in each NIROC
  32. 26Qualifying combined heat and power generating stations
  33. 27Microgenerators
  34. 28Generating stations which were accredited as at 11thJuly 2006
  35. 29Generating stations which were accredited, or held preliminary accreditation, as at 31stMarch 2009
  36. 30Generating stations in respect of which a statutory grant has been awarded
  37. 31Review of banding provisions
  38. Part 7: Issue and Revocation of NIROCs
  39. 32Issue of NIROCs to generators and suppliers
  40. 33Issue of NIROCs to agents
  41. 34General criteria for the issue of NIROCs
  42. 35Further criteria applicable to NIROCs certifying matters within Article 54(3) and (4) of the Energy Order
  43. 36Further criteria applicable to NIROCs certifying matters within Article 54 (4) and (6) of the Energy Order
  44. 37Refusing to issue and revoking NIROCs
  45. 38NIROCs: financial bids
  46. Part 8: Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds
  47. 39Interpretation
  48. 40Payments to discharge the renewables obligation
  49. 41Late Payments to discharge the renewables obligation
  50. 42Dealing with the buy-out fund: payments into the Consolidated Fund and to the Great Britain authority
  51. 43Dealing with the late payment fund: payments into the Consolidated Fund and to the Great Britain authority
  52. 44Dealing with the buy-out and late payment funds: payments to United Kingdom suppliers
  53. Part 9: Provision of information, functions of the Authority and modifications of this Order in relation to microgenerators in certain circumstances
  54. 45Provisions of information to the Authority
  55. 46Information to be provided to the Authority where electricity is generated from biomass
  56. 47Provision of information to the Department
  57. 48Exchange of information with the Great Britain authority
  58. 49Functions of the Authority
  59. 50Preliminary accreditation and accreditation of generating stations
  60. 51NIROC Register
  61. 52Modification of this Order in relation to microgenerators in certain circumstances
  62. 53Revocation, transitional and savings
  63. Signature
  64. Schedule 1CALCULATION OF THE OBLIGATION
  65. Schedule 2: ELECTRICITY TO BE STATED IN NIROCs
  66. Part 1: INTERPRETATION
  67. 1Paragraph 1
  68. 2AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs GENERALLY
  69. 3AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs WHERE ARTICLE 28(3) APPLIES
  70. 4AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs WHERE ARTICLE OR ARTICLE 28(5) OR 29(4) APPLIES
  71. Schedule 3: The NIROC Register
  72. 1Paragraph 1
  73. 2Paragraph 2
  74. 3Paragraph 3
  75. 4Paragraph 4
  76. 5Paragraph 5
  77. 6Paragraph 6
  78. 7Paragraph 7
  79. 8Paragraph 8
  80. 9Paragraph 9
  81. 10Paragraph 10
  82. 11Paragraph 11
  83. 12Paragraph 12
  84. 13Paragraph 13
  85. 14Paragraph 14
  86. 15Paragraph 15
  87. Explanatory note