# The Environmental Permitting (England and Wales) Regulations 2016, Paragraph 3: Interpretation – relevant dates and permitting dates


(1) The “relevant date” in relation to a generator means—
(a) 1st January 2019, in the case of a Tranche B generator;
(b) 1st October 2019, in the case of a Tranche A generator with a rated thermal input greater than 5 megawatts which—
(i) has an emission of nitrogen oxides of equal to or greater than 500mg/Nm3, and
(ii) operates for more than 50 hours per year;
(c) 1st January 2025, in the case of a Tranche A generator with a rated thermal input greater than 5 megawatts which—
(i) has an emission of nitrogen oxides of less than 500mg/Nm3, or
(ii) operates for less than or equal to 50 hours per year;
(d) 1st January 2030, in the case of a Tranche A generator with a rated thermal input equal to or less than 5 megawatts.
(2) The “permitting date”—
(a) in relation to a specified generator falling within paragraph 2(1)(a), is the relevant date in relation to that specified generator;
(b) 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.
(3) 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;
(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,
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;
“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).
(4) 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.

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Source: https://www.legislation.gov.uk/uksi/2016/1154/schedule/25B/paragraph/3 (the official version)
Page: https://openlegislation.uk/environmental-permitting-england-and-wales-regulations-2016/schedule-25B/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.