# The Feed-in Tariffs (Amendment) Order 2017, Note: Explanatory note


(This note is not part of the Order)
This Order, which applies to Great Britain, amends the Feed–in Tariffs Order 2012.
Article 3 amends article 2 (interpretation) by omitting the definition of “tariff period” and adding “generation meter reading” and “tariff period” to the list of expressions that have the meaning given in Standard Licence Condition 33 of electricity supply licences.
Article 4 amends article 8B (the application limit) to account for the amendment to Schedule 1A.
Article 5 amends article 16 (calculation and publishing FIT payment rates) to require the Authority to publish tariff tables for the period 1 April 2017 to 31 March 2018, at the beginning of the period to replace the table previously published for the period.
Article 6 limits the Authority’s powers under article 35 (notices to reduce, withhold or recoup FIT payments) to cases other than those arising under new Part 8A (anaerobic digestion installations and entitlement to generation payments). Article 7 inserts new article 35ZA (notices to reduce, withhold or recoup generation tariffs for the purposes of Part 8A) giving the Authority powers to reduce, withhold or recoup generation payments in cases where a FIT generator or nominated recipient received payments to which it was not entitled by virtue of new Part 8A.
Article 8 inserts new Part 8A (anaerobic digestion installations and entitlement to generation payments). Article 38B (application) provides that the requirements of the new Part apply in respect of anaerobic digestion installations that preaccredit or (in the absence of pre-accreditation) accredit on or after 1 May 2017. Article 38C (ongoing obligation to meet sustainability criteria) requires that the feedstock used to generate electricity at these installations meets criteria relating to land use and greenhouse gas emissions. Article 38D (ongoing obligation to provide quarterly declarations relating to sustainability criteria) requires a FIT generator or nominated recipient to report quarterly on matters relevant to verifying compliance under article 38C (ongoing obligation to meet sustainability criteria). Article 38E (entitlement to generation payments for electricity produced annually from biogas derived other than from waste and residue) provides for a reduced entitlement to generation tariffs where less than 50% of the biogas used to generate electricity at an installation is derived from waste or residue. Article 38F (ongoing obligation to provide annual declarations relating to feedstock types) requires a FIT generator or nominated recipient to report annually on matters relevant to verifying entitlement under article 38E (entitlement to generation payments for electricity produced annually from biogas derived other than from waste and residue). Article 38G (ongoing obligation to provide annual audit report relating to sustainability criteria and feedstock type) requires a FIT generator or nominated recipient to provide annual independent audit reports assessing the reliability of the information provided in the reports under articles 38D (ongoing obligation to provide quarterly declarations relating to sustainability criteria) and 38F (ongoing obligation to provide annual declarations relating to feedstock types). Article 38H (ongoing obligation to provide quarterly meter readings) requires a FIT generator or nominated recipient to provide meter readings that are concurrent with reporting periods, and permits pro-rating where meter readings are not concurrent with a particular reporting period. Article 38I (reporting periods) describes quarterly and annual reporting periods.
Article 9 amends Schedule 1A (limits on aggregate capacity of eligible installations) for the purpose of bringing combined heat and power installations (less than 2 kilowatts, using fossil fuel) within the scope of article 8B (the application limit), which imposes a limit on the aggregate capacity of eligible installations to be granted accreditation or preliminary accreditation in a tariff period. Article 10 amends Schedule 2 (FIT applications data) for the purpose of bringing such combined heat and power installations within the scope of article 35A (FIT applications data), which requires the Authority to publish certain data about applications.
Article 11 inserts new Schedule 2A (greenhouse gas criteria). Schedule 2A sets out the greenhouse gas criteria that new anaerobic digestion installations must meet and the means of calculating compliance with these criteria.
An impact assessment has been prepared in respect of the changes to the FIT scheme affected by this Order, and by associated licence modifications, and copies can be obtained from the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET or www.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2017/131/note (the official version)
Page: https://openlegislation.uk/feed-in-tariffs-amendment-order-2017/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.