Explanatory note

This Order amends Article 55 of the Energy (Northern Ireland) Order 2003 (“the Energy Order”) to take account of amendments to section 32 of the Electricity Act 1989 (1989 c.29) by the Energy Act 2013.

Article 2(1) inserts new Articles 55EA and 55EB to the Energy Order to confer a power on the Department to make a renewables obligation closure order. The closure order will prevent renewables obligation certificates from being issued under any renewables obligation order in respect of electricity generated after a specified date (Article 55EA(2). Different closure dates may be specified for different cases or circumstances (Article 55EA)(3)). The powers in Articles 52 to 55F of the Energy Order (renewables obligation) will be subject to any provisions contained in a closure order (Article 55EA(6)). The closure order may make provision as to the functions of the Authority in relation to the closure of the renewables obligation and may make transitional provision and savings (Article 55EA(7)).

The procedure for making a closure order is set out in Article 55EB. Articles 2(2) and (3) make consequential amendments to Article 55F (Interpretation of Articles 52 to 55F) and Article 66 (Regulations, orders and directions) of the Energy Order.