Article 2G Circumstances relating to pre-2017 additional capacity used by small solar pv stations accredited on or before 22nd July 2015F1

(1)

The circumstances set out in this article are where the electricity is generated—

(a)

using pre-2017 additional capacity, and

(b)

by a small solar pv station—

(i)

which was accredited on or before 22nd July 2015, and

(ii)

in relation to which the documents specified in paragraph (2) have been submitted by the operator of the station to the Authority.

(2)

The documents specified in this paragraph are—

(a)

subject to paragraph (3), evidence that a valid application for planning permission for the pre-2017 additional capacity to form part of the station was made on or before 22nd July 2015;

(b)

subject to paragraph (4)—

(i)

a copy of an offer from a licensed network operator made on or before 22nd July 2015 to modify the connection between the station and a transmission or distribution system in order to enable the electricity generated using pre-2017 additional capacity to be conveyed over that connection, and

(ii)

evidence that the offer referred to in paragraph (i) was accepted on or before 22nd July 2015 (whether or not such acceptance was subject to any conditions or other terms); and

(c)

a declaration by the operator of the station that, to the best of their knowledge and belief, as at 22nd July 2015 a developer of the station (or a person connected with a developer of the station within the meaning of section 1122 of the Corporation Tax Act 2010)—

(i)

was an owner or lessee of the land on which the station is situated,

(ii)

had entered into an agreement to purchase or to lease the land on which the station is situated,

(iii)

had an option to purchase or to lease the land on which the station is situated, or

(iv)

was a party to an exclusivity agreement in relation to the land on which the station is situated.

(3)

Paragraph (2)(a) does not apply if the operator of the station has submitted to the Authority—

(a)

a copy of a planning permission which was granted on or before 22nd July 2015 for the pre-2017 additional capacity to form part of the station, or

(b)

a declaration in writing by the operator of the station that, to the best of their knowledge and belief, planning permission is not required for the pre-2017 additional capacity to form part of the station.

(4)

Paragraph (2)(b) does not apply if the operator of the station has submitted to the Authority a declaration in writing that, to the best of their knowledge and belief—

(a)

the station is not connected to any transmission or distribution system, or

(b)

no modifications to the connection between the station and a transmission or distribution system were required to be carried out by a licensed network operator in order to enable the electricity generated using pre-2017 additional capacity to be conveyed over that connection.

Annotations

Textual amendments

F1: Arts. 2E-2H inserted (25.3.2016) by The Renewables Obligation Closure Etc. (Amendment) Order 2016 (S.I. 2016/457), arts. 1(1), 3