OpenLegislation

Article 2 InterpretationI1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this Order—

  • “accredited” is to be construed in accordance with the definition of “accreditation” in article 2 of the F1Renewables Obligation Order 2015;

  • F2“additional capacity”, in relation to a F3... solar pv station, means any generating capacity which does not form part of the original capacity of the station;

  • “CHPQA 3” means the Combined Heat and Power Quality Assurance Standard, Issue 3, published by the Department for Environment, Food and Rural Affairs in January 2009f1;

  • “CHPQA 5” means the Combined Heat and Power Quality Assurance Standard, Issue 5, published by the Department of Energy and Climate Change in November 2013f2;

  • F4“CHPQA 6” means the Combined Heat and Power Quality Assurance Standard, Issue 6, October 2016;

  • “commission” and “commissioned” are to be construed in accordance with the definition of “commissioned” in article 2 of the Renewables Obligation Order 2015;

  • “developer”, in relation to a ... solar pv station, means a person who—

    1. (a)

      applied for planning permission for the station,

    2. (b)

      arranged for grid works to be carried out in relation to the station,

    3. (c)

      arranged for the construction of any part of the station,

    4. (d)

      constructed any part of the station, or

    5. (e)

      operates, or proposes to operate, the station;

  • “exclusivity agreement”, in relation to land, means an agreement, by the owner or a lessee of the land, not to permit any person (other than the persons identified in the agreement) to construct a solar pv station on the land;

  • “grid works”, in relation to a generating station, means—

    1. (a)

      the construction of a connection between the station and a transmission or distribution system for the purpose of enabling electricity to be conveyed from the station to that system, or

    2. (b)

      the carrying out of modifications to a connection between the station and a transmission or distribution system for the purpose of enabling an increase in the amount of electricity that can be conveyed over that connection from the station to that system;

  • F5“landfill” has the meaning given in Article 2(g) of Council Directive 1999/31/EC;

  • F6“large solar pv closure date” means 31st March 2015;

  • “large solar pv station” means a solar pv station where the total installed capacity of the RO capacity of the station is more than 5 megawatts;

  • “licensed network operator” means a distribution licence holder or a transmission licence holder;

  • “network operator” means a distribution exemption holder, distribution licence holder or a transmission licence holder;

  • “original capacity”, in relation to a generating station, means the generating capacity of the station as accredited;

  • “planning permission” has the meaning given in article 13 except that in articles 2B(3) F7, 2C(2), 2F(3) and 2G(2) it does not include—

    1. (a)

      outline planning permission within the meaning of section 92 of the Town and Country Planning Act 1990, or

    2. (b)

      planning permission in principle within the meaning of section 59 of the Town and Country Planning (Scotland) Act 1997;

  • “pre-2016 additional capacity”, in relation to a large solar pv station, means any additional capacity which in the Authority’s view first formed part of the station from a date which is no later than 31st March 2016;

  • F8“pre-2017 additional capacity”, in relation to a small solar pv station, means any additional capacity which in the Authority’s view first formed part of the station from a date which is no later than 31st March 2017;

  • “radar works” means—

    1. (a)

      the construction of a radar station,

    2. (b)

      the installation of radar equipment,

    3. (c)

      the carrying out of modifications to a radar station or to radar equipment, or

    4. (d)

      the testing of a radar station or radar equipment;

  • “regular biomass” means biomass and bioliquids;

  • “relevant date” means the later of—

    1. (a)

      31st October 2014, and

    2. (b)

      the date falling two months after the day on which this Order comes into force; F9...

  • F10“relevant fossil fuel station” has the same meaning as in Schedule 5 to the Renewables Obligation Order 2015;

  • “RO capacity” has—

    1. (a)

      in the case of a generating station located in Scotland, the same meaning as in the Renewables Obligation (Scotland) Order 2009, and

    2. (b)

      in any other case, the same meaning as in the Renewables Obligation Order 2015;

  • “Scotland” has the meaning given in section 32(3) of the Electricity Act 1989;

  • “small solar pv closure date” means the later of—

    1. (a)

      31st March 2016, and

    2. (b)

      the last day of the month in which this Order comes into force;

  • “small solar pv station” means a solar pv station where the total installed capacity of the RO capacity of the station is less than or equal to 5 megawatts;

  • F11...

  • “solar pv station” means a generating station that generates electricity from the direct conversion of sunlight into electricity;

  • “valid application for planning permission” has the following meaning—

    1. (a)

      in relation to an application made in England, an application for planning permission which is either—

      1. (i)

        a “valid application” within the meaning of article 34(4) of the Town and Country Planning (Development Management Procedure) (England) Order 2015; or

      2. (ii)

        a “non-validated application” within the meaning of article 34(5) of that Order;

    2. (b)

      in relation to an application made in Wales, an application for planning permission which is a “valid application” within the meaning of article 22(3) of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012;

    3. (c)

      in relation to an application made in Scotland, an application for planning permission made in accordance with regulation 9 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013;

  • “waste” has the meaning given in section 75(2) of the Environmental Protection Act 1990 but does not include gas derived from landfill sites or gas produced from the treatment of sewage.

(2)

In this Order, the following have the same meaning as in the Renewables Obligation Order F122015—

  • “biomass”;

  • “energy crops”;

  • “permitted ancillary purposes”;

  • F13...

  • F14“total installed capacity”F15...

  • ....

Annotations

Textual amendments

F1

Words in art. 2(1) substituted (1.12.2015) by The Renewables Obligation Order 2015 (S.I. 2015/1947), arts. 1(2), 97(2)(a)

F2

Words in art. 2(1) inserted (24.3.2015) by The Renewables Obligation Closure (Amendment) Order 2015 (S.I. 2015/920), arts. 1(1), 2(2)(a)

F3

Word in art. 2(1) omitted (25.3.2016) by virtue of The Renewables Obligation Closure Etc. (Amendment) Order 2016 (S.I. 2016/457), arts. 1(1), 2(2)(a)

F4

Words in art. 2(1) inserted (1.1.2017) by The Combined Heat and Power Quality Assurance Regulations 2016 (S.I. 2016/1108), regs. 1(1), 3(a)

F5

Words in art. 2(1) inserted (1.12.2015) by The Renewables Obligation Order 2015 (S.I. 2015/1947), arts. 1(2), 97(2)(c)

F6

Words in art. 2(1) inserted (25.3.2016) by The Renewables Obligation Closure Etc. (Amendment) Order 2016 (S.I. 2016/457), arts. 1(1), 2(2)(b)

F7

Words in art. 2(1) substituted (25.3.2016) by The Renewables Obligation Closure Etc. (Amendment) Order 2016 (S.I. 2016/457), arts. 1(1), 2(2)(c)

F8

Words in art. 2(1) inserted (25.3.2016) by The Renewables Obligation Closure Etc. (Amendment) Order 2016 (S.I. 2016/457), arts. 1(1), 2(2)(d)

F9

Word in art. 2(1) omitted (24.3.2015) by virtue of The Renewables Obligation Closure (Amendment) Order 2015 (S.I. 2015/920), arts. 1(1), 2(2)(b)

F10

Words in art. 2(1) substituted (1.12.2015) by The Renewables Obligation Order 2015 (S.I. 2015/1947), arts. 1(2), 97(2)(b)

F11

Words in art. 2(1) omitted (25.3.2016) by virtue of The Renewables Obligation Closure Etc. (Amendment) Order 2016 (S.I. 2016/457), arts. 1(1), 2(2)(e)

F12

Word in art. 2(2) substituted (1.12.2015) by The Renewables Obligation Order 2015 (S.I. 2015/1947), arts. 1(2), 97(3)(a)

F13

Words in art. 2(2) omitted (1.12.2015) by virtue of The Renewables Obligation Order 2015 (S.I. 2015/1947), arts. 1(2), 97(3)(b)

F14

Words in art. 2(2) inserted (24.3.2015) by The Renewables Obligation Closure (Amendment) Order 2015 (S.I. 2015/920), arts. 1(1), 2(3)

F15

Art. 2(2): semicolon omitted (1.12.2015) by virtue of The Renewables Obligation Order 2015 (S.I. 2015/1947), arts. 1(2), 97(3)(c)

Commencement

I1

Art. 2 in force at 9.9.2014, see art. 1

Footnotes

f1

Copies can be obtained from the Department of Energy and Climate Change, 3 Whitehall Place, London, SW1A 2AW and are available at http://chpqa.decc.gov.uk/chpqa-documents.

f2

Copies can be obtained from the Department of Energy and Climate Change, 3 Whitehall Place, London, SW1A 2AW and are available at http://chpqa.decc.gov.uk/chpqa-documents.