Article 88 Preliminary accreditation of generating stations

(1)

Subject to paragraph (2), the Authority may, upon the application of a person who proposes to construct or operate a generating station, grant the station preliminary accreditation if—

(a)

the station is not yet commissioned, and

(b)

it is a station in respect of which—

(i)

consent under section 36 of the Act M1 or Article 39 of the Electricity (Northern Ireland) Order 1992 M2 has been obtained,

(ii)

planning permission under the Town and Country Planning Act 1990 M3 has been granted and any conditions as to the time period in which the development to which it relates must be begun have not been breached, F1...

(iii)

development consent under the Planning Act 2008 M4 has been granted F2, or

(iv)

infrastructure consent under the Infrastructure (Wales) Act 2024 has been granted and any conditions as to the time period in which the development to which it relates must be begun have not been breached.

(2)

The Authority must not grant preliminary accreditation to a generating station—

(a)

if, in the Authority's opinion, the station is unlikely to generate electricity in respect of which ROCs may be issued,

(b)

if a CFD has been entered into at any time in relation to the generation of electricity by the station, or

(c)

F3... if an investment contract has been entered into at any time in relation to the generation of electricity by the station.

F4(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In paragraph (1) F5(b)(ii) “development” has the meaning given in section 55(1) of the Town and Country Planning Act 1990.

F6(5)

In paragraph (1)(b)(iv) “development” has the meaning given in section 133 of the Infrastructure (Wales) Act 2024.

Annotations

Textual amendments

F1: Word in art. 88(1)(b)(ii) omitted (15.12.2025) by virtue of The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 11(2)(a)(i)
F2: Art. 88(1)(b)(iv) and word inserted (15.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 11(2)(a)(ii)
F3: Words in art. 88(2)(c) omitted (31.12.2020) by virtue of The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/35), reg. 1(2), Sch. 1 para. 6(2); 2020 c. 1, Sch. 5 para. 1(1)
F4: Art. 88(3) omitted (31.12.2020) by virtue of The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/35), reg. 1(2), Sch. 1 para. 6(3); 2020 c. 1, Sch. 5 para. 1(1)
F5: Word in art. 88(4) inserted (15.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 11(2)(b)
F6: Art. 88(5) inserted (15.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 11(2)(c)

Marginal citations

M1: 1989 c.29. Section 36 has been amended by Schedule 2 paragraph 32(2) and (3) of the Planning Act 2008 (c.29), section 93(1) and (3) of the Energy Act 2004 (c.20), section 12(7)(a) of the Marine and Coastal Access Act 2009 (c.23), and Schedule 1(1) paragraph 1(2)(a) and (b) of the Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006/1054.
M2: S.I. 1992/231 (N.I.1). Article 39 has been amended by regulation 9(1) and (2) of the Electricity Order 1992 (Amendment) Regulations (Northern Ireland) 2005/335 and regulation 3 of the Electricity (Published Criteria for Generating Station) Regulations (Northern Ireland) 2011/247.
M3: 1990 c.8.
M4: 2008 c.29.