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The Renewables Obligation Order (Northern Ireland) 2009

S.R. 2009/154 · Made 27 March 2009 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 24 March 2026.

Electricity

Laid before the Assembly in draft

Made 27th March 2009

Coming into operation 1st April 2009

The Department of Enterprise, Trade and Investment makes the following Order in exercise of the powers conferred on it by Articles 52 to 55F and 66(3) of the Energy (Northern Ireland) Order 2003f1.

The Department has had regard to those matters stated in Article 54B(4) of that Order.

The Department has consulted the Northern Ireland Authority for Utility Regulation, the General Consumer Council for Northern Ireland, electricity suppliers to whom this Order applies, persons generating electricity from renewable sources in Northern Ireland and such other persons as it considers appropriate.C1

Annotations to the whole text

Modifications

C1

Rules modified (31.12.2020) by S.I. 2019/289, reg. 5, Sch. 3 (as amended by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(3)(5))

Footnotes

f1

S.I. 2003/419 (N.I.6); Article 52 to 55F were substituted for Articles 52 to 55 by S.R. 2009 No.35

Contents

  1. Part 1: Introductory Provisions
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Waste as a renewable energy source
  5. 4Biomass and fuels which are to be treated as biomass
  6. 4AFossil derived bioliquid
  7. Part 2: The Renewables Obligation
  8. 5The renewables obligation
  9. 6Part of calculation A referable to Great Britain
  10. 7Part of calculation A referable to Northern Ireland
  11. 8Calculation A
  12. 9Calculation B
  13. 10Calculation C Repealed
  14. 11Determining the number of renewables obligation certificates to be produced in an obligation period
  15. 12Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge his renewables obligation
  16. 13Further provision in relation to the production of renewables obligation certificates
  17. Part 3: Matters to be certified by and content of NIROCs
  18. 14Matters to be certified by NIROCs
  19. 15When electricity is to be regarded as supplied to customers in Northern Ireland
  20. 16When electricity used in a permitted way for NIROCs certifying matters within Article 54(5) or (6) of the Energy Order
  21. Part 4: Cases and circumstances when a NIROC must not be issued
  22. 17Excluded generating stations
  23. 18Generating stations first commissioned before 1st January 1990
  24. 18AGenerating stations accredited for longer than 20 years
  25. 19Generating stations in respect of which a NFFO arrangement applied but was terminated
  26. 20Non-commissioned generating stations in respect of which a NFFO arrangement applies
  27. 21Circumstances in which no NIROCs are to be issued in respect of electricity generated from renewable sources
  28. 21ZACircumstances in which no NIROCs are to be issued in respect of electricity generated from solid or gaseous biomass
  29. Part 5: NIROCs to be issued by Authority in respect of renewable output
  30. 22NIROCs to be issued by Authority in respect of a generation station’s renewable output
  31. 21ACircumstances in which no NIROCs are to be issued in respect of electricity generated from bioliquid
  32. 21BCommon agricultural policy requirements
  33. 23Calculating a generating station’s renewable output
  34. 24Renewable output of a qualifying combined heat and power generating station
  35. Part 6: Banding and Grandfathering
  36. 25The amount of electricity to be stated in each NIROC
  37. 26Electricity generated by qualifying combined heat and power generating stations
  38. 26AHigh-range co-firing in the 2013/14 obligation period
  39. 26BCo-firing of regular bioliquid in the 2013/14 and 2014/15 obligation periods
  40. 26CLow-range co-firing in the 2013/14 and 2014/15 obligation periods
  41. 26DLow-range co-firing of relevant energy crops
  42. 26ELow-range co-firing of relevant energy crops with CHP
  43. 27Microgenerators and qualifying new small scale generators
  44. 27AQualifying new onshore wind stations and qualifying new solar photovoltaic stations
  45. 27BQualifying new hydro stations
  46. 27CQualifying new anaerobic digestion stations
  47. 27DMicrogeneration Certification Scheme
  48. 28Generating stations which were accredited as at 11th July 2006
  49. 28AWave and tidal stream generating stations
  50. 29Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009
  51. 29AQualifying existing onshore wind stations and qualifying existing solar photovoltaic stations
  52. 29BQualifying existing hydro stations
  53. 30Generating stations in respect of which a statutory grant has been awarded
  54. 31Review of banding provisions
  55. Part 7: Issue and Revocation of NIROCs
  56. 32Issue of NIROCs to generators and suppliers
  57. 33Issue of NIROCs to agents
  58. 34General criteria for the issue of NIROCs
  59. 35Further criteria applicable to NIROCs certifying matters within Article 54(3) and (4) of the Energy Order
  60. 36Further criteria applicable to NIROCs certifying matters within Article 54 (4) and (6) of the Energy Order
  61. 37Refusing to issue and revoking NIROCs
  62. 37AWhere NIROCs cannot be revoked
  63. 38NIROCs: financial bids
  64. Part 8: Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds
  65. 39Interpretation
  66. 40Payments to discharge the renewables obligation
  67. 41Late Payments to discharge the renewables obligation
  68. 42Dealing with the buy-out fund: payments into the Consolidated Fund and to the Great Britain authority
  69. 43Dealing with the late payment fund: payments into the Consolidated Fund and to the Great Britain authority
  70. 44Dealing with the buy-out and late payment funds: payments to United Kingdom suppliers
  71. Part 9: Provision of information, functions of the Authority and modifications of this Order in relation to microgenerators in certain circumstances
  72. 45Provisions of information to the Authority
  73. 46Information to be provided to the Authority where electricity is generated from biomass ...
  74. 46ABioliquid sustainability audit report
  75. 46BSolid and gaseous biomass sustainability audit report
  76. 47Provision of information to the Department
  77. 48Exchange of information with the Great Britain authority
  78. 49Functions of the Authority
  79. 50Preliminary accreditation and accreditation of generating stations
  80. 50ARegistration as a grace period generating station
  81. 51NIROC Register
  82. 52Modification of this Order in relation to microgenerators in certain circumstances
  83. 53Revocation, transitional and savings
  84. Signature
  85. Schedule A1: GREENHOUSE GAS EMISSION CRITERIA FOR BIOLIQUID
  86. 1Interpretation
  87. 2The greenhouse gas emission criteria
  88. 3Calculating the percentage difference
  89. 4Calculating the percentage difference
  90. 5Calculating the percentage difference Repealed
  91. 6Calculating the percentage difference
  92. Schedule A1A: Greenhouse gas emission criteria for solid and gaseous biomass
  93. Part 1: Greenhouse gas emission criteria
  94. 1Interpretation
  95. 2The greenhouse gas emission criteria
  96. 3Calculating the greenhouse gas emissions
  97. 4Calculating the greenhouse gas emissions
  98. 5Calculating the greenhouse gas emissions
  99. Part 2: Actual value method
  100. 6Paragraph 6
  101. 7Paragraph 7
  102. Part 3: Default value method
  103. 8Paragraph 8
  104. 9Paragraph 9
  105. 4Default greenhouse gas emissions from the production of biomass
  106. Schedule A2: LAND CRITERIA
  107. 1Interpretation
  108. 2Land criteria: bioliquids
  109. 3Land criteria: woody biomass
  110. 4Land criteria: other fuels
  111. 5Protected sources
  112. 6Sustainable source
  113. 7Exempt purposes
  114. Schedule 1CALCULATION OF THE OBLIGATION
  115. Schedule 2: ELECTRICITY TO BE STATED IN NIROCs
  116. Part 1: INTERPRETATION
  117. 1Paragraph 1
  118. 2AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY
  119. 2AAMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING 2013/14 CAPACITY AND 2014/15 CAPACITY
  120. 2BAMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY OR POST-2016 CAPACITY
  121. 2CAMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY OR 2013/15 CAPACITY WHERE ARTICLE 26(3) OR (4) APPLIES
  122. 2DAMOUNT OF ELECTRICITY TO BE STATED IN NIROCS ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 26(5) OR (6)APPLIES
  123. 2EAMOUNT OF ELECTRICITY TO BE STATED IN NIROCS ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 26(7) APPLIES
  124. 3AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS WHERE ARTICLE 28(3) APPLIES
  125. 4AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS WHERE ARTICLE 28(5) OR ARTICLE 29(4) APPLIES
  126. Schedule 3: The NIROC Register
  127. 1Paragraph 1
  128. 2Paragraph 2
  129. 3Paragraph 3
  130. 4Paragraph 4
  131. 5Paragraph 5
  132. 6Paragraph 6
  133. 7Paragraph 7
  134. 8Paragraph 8
  135. 9Paragraph 9
  136. 10Paragraph 10
  137. 11Paragraph 11
  138. 12Paragraph 12
  139. 13Paragraph 13
  140. 14Paragraph 14
  141. 15Paragraph 15
  142. Schedule 3A: ACTUAL VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS
  143. 1Paragraph 1
  144. 2Paragraph 2
  145. Schedule 3B: DEFAULT VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS
  146. Part 1: METHOD FOR CALCULATING EMISSIONS
  147. 1Paragraph 1
  148. 2Paragraph 2
  149. 2DEFAULT GREENHOUSE GAS EMISSIONS FROM THE PRODUCTION OF BIOMASS
  150. Explanatory note