Paragraph 3 Interpretation – relevant dates and permitting datesF1
The “relevant date” in relation to a generator means—
1st January 2019, in the case of a Tranche B generator;
1st October 2019, in the case of a Tranche A generator with a rated thermal input greater than 5 megawatts which—
has an emission of nitrogen oxides of equal to or greater than 500mg/Nm3, and
operates for more than 50 hours per year;
1st January 2025, in the case of a Tranche A generator with a rated thermal input greater than 5 megawatts which—
has an emission of nitrogen oxides of less than 500mg/Nm3, or
operates for less than or equal to 50 hours per year;
1st January 2030, in the case of a Tranche A generator with a rated thermal input equal to or less than 5 megawatts.
The “permitting date”—
in relation to a specified generator falling within paragraph 2(1)(a), is the relevant date in relation to that specified generator;
in relation to a specified generator falling within paragraph 2(1)(b) or (c), is the earliest of the relevant dates in relation to the generators comprising that specified generator.
For the purposes of sub-paragraph (1)—
“Tranche A generator” means a generator—
- (a)
with a rated thermal input equal to or greater than 1 megawatt and less than 50 megawatts—
- (i)
which came into operation before 1st December 2016,
- (ii)
which is the subject of a capacity agreement arising from the 2014 or 2015 capacity auctions (whether or not the generator came into operation before 1st December 2016), or
- (iii)
for which a Feed-in Tariff preliminary accreditation application was received by the Gas and Electricity Markets Authority before 1st December 2016;
- (i)
- (b)
with a rated thermal input of less than 1 megawatt—
- (i)
which is the subject of a capacity agreement arising from the 2014, 2015 or 2016 capacity auctions (whether or not the generator came into operation before 1st December 2016),
- (ii)
for which a Feed-in Tariff preliminary accreditation application was received by the Gas and Electricity Markets Authority before 1st December 2017; or
- (iii)
which is the subject of an agreement to provide balancing services entered into before 31st October 2017,
- (i)
provided that a generator ceases to be a Tranche A generator if it is the subject of a capacity agreement, or an agreement for provision of balancing services, where that agreement is entered into after 31st October 2017 and remains in force after 31st December 2018;
- (a)
“Tranche B generator” means any generator which is not a Tranche A generator or an excluded generator (and includes a specified generator which has ceased to be a Tranche A generator).
For the purposes of sub-paragraph (1), in the case of a generator which is comprised in a specified generator falling within paragraph 2(1)(b) or (c), the generator is deemed to have the total rated thermal input of all the generators comprised in the specified generator.
Annotations
Textual amendments
- F1
Schs. 25A, 25B inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 16