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The Renewables Obligation Order (Northern Ireland) 2009

Type Ni-Statutory-Rule

Publication 2009-03-27

Last updated 2026-03-24

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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articles 8

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Made: 27th March 2009

Coming into operation: 1st April 2009

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.

PART 1 — Introductory Provisions

Citation and commencement

1

This Order may be cited as the Renewables Obligation Order (Northern Ireland) 2009 and shall come into operation on 1st April 2009.

Interpretation

2

(1) In this Order—

“the 2007 Order” means the Renewables Obligation Order (Northern Ireland) 2007[^f00002];

“2013/14 capacity” means—in relation to a generating station accredited on or before 30thApril 2013, any capacity which—in the Authority’s view, forms part of the station from a date no earlier than 1stMay 2013 and no later than 31stMarch 2014, anddoes not form part of the capacity of the station as accredited;in relation to a generating station which is registered under Article 50A as a grace period generating station, any capacity which—in the Authority’s view, forms part of the station from a date no later than 31stMarch 2014, anddoes not form part of the capacity of the station as accredited;in relation to a generating station which—was not accredited on or before 30thApril 2013,was accredited on or before 31stMarch 2014, andis not registered under Article 50A as a grace period generating station, the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31stMarch 2014;

“2013/15 capacity” means any capacity which is—2013/14 capacity, or2014/15 capacity;

“2014/15 capacity” means—in relation to a generating station accredited on or before 31stMarch 2014, any capacity which—in the Authority’s view, forms part of the station from a date no earlier than 1stApril 2014 and no later than 31stMarch 2015, anddoes not form part of the capacity of the station as accredited;in relation to a generating station which—was not accredited on or before 31st March 2014, andwas accredited on or before 31st March 2015,the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31st March 2015;

“2015/16 capacity” means—in relation to a generating station accredited on or before 31stMarch 2015, any capacity which—in the Authority’s view, forms part of the station from a date no earlier than 1stApril 2015 and no later than 31stMarch 2016, anddoes not form part of the capacity of the station as accredited;in relation to a generating station whichwas not accredited on or before 31st March 2015, andwas accredited on or before 31st March 2016,the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31st March 2016;

“accreditation”, in relation to a generating station means accreditation of the generating station in Northern Ireland by the Authority as one which is capable of generating electricity, from renewable sources (and includes accreditation granted before 1st April 2009);

“advanced fuel” means a liquid or gaseous fuel which is produced directly or indirectly from the gasification or the pyrolysis of—waste, orbiomass;

“anaerobic digestion” means the bacterial fermentation of organic material in the absence of free oxygen;

“animal excreta” means excreta produced by animals and includes biomass wholly derived from excreta produced by animals;

“biomass” is to be construed in accordance with Article 4;

“BS EN 15359:2011” means the document identified by Standard Number BS EN 15359:2011 and entitled “Solid recovered fuels. Specifications and classes” published by the British Standards Institution on 30th November 2011;

“BS EN 15402:2011” means the document identified by Standard Number BS EN 15402:2011 and entitled “Solid recovered fuels. Determination of the content of volatile matter” published by the Brtitsh Standards Institution on 31st March 2011;

“BS EN 15415-1:2011” means the document identified by Standard Number BS EN 15415-1:2011 and entitled “Solid recovered fuels. Determination of particle size distribution. Screen method for small dimension particles” published by the British Standards Institution on 30th September 2011;

“BS EN 15590:2011” means the document identified by Standard Number BS EN 15590:2011 and entitled “Solid recovered fuels. Determination of the current rate of aerobic microbial activity using the real dynamic respiration index” published by the British Standards Institution on 30th September 2011

“biomaterial” means the biodegradable part of—products, waste and residues of biological origin from agriculture (including vegetal and animal substances), forestry and related industries (including fisheries and aquaculture); andindustrial, commercial and municipal waste;

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“CHPQA” means the Combined Heat and Power Quality Assurance Standard, Issue 6, October 2016 and Guidance Note 44 (Use of CHPQA in respect of the Renewables Obligation and Contracts for Difference), Issue 6, October 2016;

“civil works”, in relation to a hydro generating station, are to be regarded as all man-made weirs, man-made structures and man-made works for holding water, which are located on the inlet side of a turbine (turbine A) excluding any such structures or works which supply another turbine before water is supplied to the structures and works which supply turbine A;

“combined heat and power generating station” means a station producing electricity that is (or may be) operated for purposes including the supply of any premises of—heat produced in association with electricity; orsteam produced from, or air or water heated by, such heat;

“combustion unit” means a boiler, turbine or engine;

“commissioned”, in relation to a generating station, means the completion of such procedures and tests in relation to that station as constitute, at the time they are undertaken, the usual industry standards and practices for commissioning that type of generating station in order to demonstrate that that generating station is capable of commercial operation;

“the Company” means NIE Energy Ltd;

“connected person”, in relation to the owner or operator of a generating station, or any party to a NFFO arrangement, means any person connected to the owner, operator or party within the meaning of ...;

“consumer prices index” meansthe consumer prices index calculated and published by the Statistics Board[^f00003] orwhere the index is not published for a month, any substituted index or figures published by the Statistics Board;

“declared net capacity”, in relation to a generating station, means the maximum capacity at which the station could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption) less the amount of electricity that is consumed by the plant;

“designated electricity supplier” except where it appears in the definition of “Great Britain designated supplier”, is to be construed in accordance with Article 5(1);

“the Electricity Act” means the Electricity Act 1989[^f00008];

“energy content”, in relation to any substance, means the energy contained within that substance (whether measured by a calorimeter or determined in some other way) expressed in terms of the substance’s gross calorific value within the meaning of British Standard BS 7420:1991 (Guide for determination of calorific values of solid, liquid and gaseous fuels (including definitions) published by British Standards Institute on 28th June 1991)[^f00009];

“energy crops” means—a perennial crop planted at high density, the stems of which are harvested above ground level at intervals of less than twenty years and which is one of the following—Acer pseudoplatanus (also known as sycamore);Alnus (also known as alder);Betula (also known as birch);Castanea sativa (also known as sweet chestnut);Corylus avellana (also known as hazel);Fraxinus excelsior (also known as ash);Populus (also known as poplar);Salix (also known as willow);Tilia cordata (also known as small-leaved lime); ora perennial crop which is one of the following—Arundo donax (also known as giant reed);Bambuseae, where the crop was planted after 31stDecember 1989 and is grown primarily for the purpose of being used as fuel;Miscanthus;Panicum;Pennisetum (other than Pennisetum setaceum (also known as fountain grass), Pennisetum clandestinum (also known as kikuyu grass) and Pennisetum villosum (also known as feathertop grass));Phalaris;

“the Energy Order” means the Energy (Northern Ireland) Order 2003;

“fossil derived bioliquid” means bioliquid produced directly or indirectly from—coal;lignite;natural gas (within the meaning of the Energy Act 1976);crude liquid petroleum, or;petroleum products (within the meaning of the Energy Act 1976);

“gasification” means the substoichiometric oxidation or steam reformation of a substance to produce a gaseous mixture containing two or all of the following: oxides of carbon, methane and hydrogen;

“GBRO Order” means any order made pursuant to section 32 of the Electricity Act;

“GBROC” means a certificate issued by the Great Britain Authority under section 32B of the Electricity Act and pursuant to a GBRO Order and, save where the context otherwise requires, includes a replacement GBROC;

“GBROC identifier” means an identifier unique to a GBROC determined by the Great Britain authority and containing the following information (or reference to that information in coded format)the month and year during which the electricity was generated;the location of the generating station or, where the GBROC certifies the matters within section 32B(5), (6) or (8) of the Electricity Act the location of the agent to whom the GBROC was issued under a GBRO Order;a description of the generating station including reference to the source or sources of fuel used by it or them to generate electricity or, where the GBROC certifies the matters within section 32B(5), (6) or (8) of the Electricity Act, the generating station to which the GBROC relates;the date of issue of the GBROC; andthe number allocated to a GBROC by the Great Britain authority in accordance with a GBRO Order;

“Great Britain authority” means the Gas and Electricity Markets Authority;

“Great Britain designated supplier” means a designated electricity supplier within the meaning of a GBRO Order;

“greenhouse gas emission criteria” means—in the case of bioliquid, the criteria set out in Schedule A1 (greenhouse gas emission criteria for bioliquid); andin all other cases, the criteria set out in Part 1 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass);

“hazardous waste” means any waste which is hazardous waste as defined by Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council on waste;

“hydro generating station” means a generating station driven by water (other than a generating station driven by tidal flows, waves, ocean currents or geothermal sources) and includes all turbines supplied with water by or from the same civil works, except any turbine driven by a compensation flow supplied by or from those civil works in a natural water course where there is a statutory obligation to maintain that compensation flow in that water course (in which case that turbine and associated infrastructure is to be regarded as a separate hydro generating station);

“ISAE 3000” means the International Standard on Assurance Engagements 3000 published by the International Federation of Accountants;

“land criteria” means the criteria set out in Schedule A2;

“landfill” has the meaning given in Article 2(g) of Council Directive 1993/31/EC[^f00012].

“landfill gas” means gas formed by the digestion of material in a landfill.

“licensed supplier” means an electricity supplier or any electricity supplier within the meaning of Part I of the Electricity Act.

“linked person” in relation to a person who is a party a NFFO arrangement (“the first person”), means another person who has given or has arranged to give to the first person or has ensured that or has arranged to ensure that the first person is given, a financial or other inducement relating to any right or interest in, or in respect of, the construction or operation of a generating station at the location;

“MCS” means the Microgeneration Certification Scheme or equivalent schemes accredited under EN45011 which certify microgeneration products and installers in accordance with consistent standards;

“microgenerator” means a generating station which has a declared net capacity of 50 kilowatts or less;

“micro hydro generating station” means a hydro generating station which—has a declared net capacity of 1.25 megawatts or less; andhas never generated electricity under an arrangement which has ever been a NFFO arrangement;

“municipal waste” means—waste from households; andother waste that, because of its nature or composition, is similar to waste from households;

“NFFO arrangement” means an arrangement which was originally made pursuant to a Non-Fossil Fuel Order (and includes any replacement of such an arrangement where that replacement was made pursuant to an order made under Article 57 of the Energy Order);

“NIROC” means a certificate issued by the authority under Article 54 of the Energy Order and pursuant to this Order;

“NIROC identifier” has the meaning given by paragraph 3 of Schedule 3;

“Non-Fossil Fuel Order” means the Electricity (Non-Fossil Fuel Sources) Order (Northern Ireland) 1994[^f00013] or the Electricity (Non-Fossil Fuel Sources) Order (Northern Ireland) 1996[^f00014];

“obligation period” means any of the periods referred to in the first column of Schedule 1;

“permitted ancillary purposes” is to be construed in accordance with Article 21(3) (fossil fuel or waste used for permitted ancillary purposes);

“plant”, with reference to crops or plant matter, includes shrubs and trees;

“post-2016 capacity” means—in relation to a generating station accredited on or before 31stMarch 2016, any capacity which—in the Authority’s view, forms part of the station from a date no earlier than 1stApril 2016, anddoes not form part of the capacity of the station as accredited;in relation to a generating station which—is accredited, andwas not accredited on or before 31stMarch 2016,the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station;

“pre–2013 capacity” means—in relation to a generating station accredited on or before 30thApril 2013, the capacity of the station as accredited, together with any additional capacity, which in the Authority’s view, forms part of the station from a date no later than 30thApril 2013;in relation to a generating station which is registered under Article 50A as a grace period generating station, the capacity of the station as accredited;

“preliminary accreditation”, in relation to a generating station, means accreditation of the station as one which (when commissioned) will be capable of generating electricity from renewable sources by the Authority (and includes preliminary accreditation granted before 1st April 2009);

“pyrolysis” means the thermal degradation of a substance in the absence of any oxidising agent (other than that which forms part of the substance itself) to produce char and one or both of gas and liquid;

“qualifying combined heat and power generating station” means a combined heat and power generating station which has been accredited under CHPQA;

“qualifying power output” in relation to a qualifying combined heat and power generating station, has the meaning given to them in the CHPQA;

“qualifying proportion”, in relation to electricity generated by a qualifying combined heat and power generating station, is the proportion which the qualifying power output of the station bears to its total power output;

“Register” has the meaning given to it in Article 51(1);

“registered holder” has the meaning given to it in paragraph 3 of Schedule 3;

“regular biomass” means biomass other than—sewage gas,landfill gas,energy crops,fuel produced by means of anaerobic digestion,...advanced fuel;

“relevant target” has the meaning given by paragraph 1 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass);

“Renewables Directive” means Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, and in Article 46A and Schedules A1 and A2 and 3A references to Annex 5 to the Directive are to be construed as references to Annex 5 to the Directive as amended from time to time;

“renewables obligation” has the meaning given to it in Article 5(1);

“renewables obligation certificate” means—a renewables obligation certificate issued by the Authority under this Order;a GBROC;

“renewable output” is to be construed in accordance with Articles 23 and 24;

“Respiratory Index” means the rate of oxygen uptake expressed in milligrams of oxygen per kilogram of volatile solids per hour;

“retail prices index” means—the general index of retail prices (for all items) published by the Office for National Statistics; orwhere the index is not published for a year, any substituted index or figures published by that Office;

“sewage gas” means gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed);

“specified day”, in relation to an obligation period, means the 1st September immediately following it;

“Solid Recovered Fuel” means solid fuel which—Complies with the classification and specification requirements in BS EN 15359:2011,is prepared from a waste which is not a hazardous waste (where hazardous waste has a meaning given in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council on waste),has a maximum rate of oxygen uptake of no more than 1500 milligrams of oxygen per kilogram of volatile solids per hour when measured using the real dynamic respiration test specified in BS EN 15590:2011, andwhen subject to a methodology for the determination of particle size in accordance with BS EN 15415-1:2011, is able to pass through an opening measuring no more than 150 millimetres in all dimensions

“sustainability information” means information submitted to the Authority by the operator of a generating station for the purpose of demonstrating that a bioliquid meets the greenhouse gas emission criteria and the land criteria;

“total installed capacity” means—in relation to a generating station, the maximum capacity at which the station could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption);in relation to a wind turbine, the maximum capacity at which the turbine could be operated for a sustained period without causing damage to it (assuming there was no interruption to the wind powering it);in relation to a type of generating capacity forming part of a generating station, the maximum capacity at which that generating capacity could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption);

“total power output”, in relation to a qualifying combined heat and power generating station, has the meaning given to it in the CHPQA;

“volatile solids” means any mass loss, corrected for moisture, when a solid is heated out of contact with air under the specified conditions and using the methods in CEN/TS 15402:2006; and

“waste” has the meaning given in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste but—also includes anything derived from waste; and does not include landfill gas, sewage gas or any substance intentionally modified or contaminated to fall within the meaning of “waste” given in Article 3(1) of that Directive.

(2) Where waste , fossil derived bioliquid or biomass is used in a generating station (whether alone or together or in combination with another fuel) and—

(a) a proportion of that waste , fossil derived bioliquid or biomass is, or is derived from, fossil fuel, and

(b) in any month during which that waste , fossil derived bioliquid or biomass is used that proportion varies,

references in this Order to the energy content of that waste or biomass and fossil fuel are references to the overall energy content of that waste or biomass and fossil fuel used to fuel the generating station during that month.

(3) Where two or more of the fuels listed in paragraph (4) are mixed together to form one substance which is then used in a generating station to generate electricity, the provisions of this Order apply in relation to the electricity so generated in the same way as they would apply if the electricity had been generated using those fuels without mixing them together.

(4) The fuels referred to in paragraph (3) are—

(a) fossil derived bioliquid;

(b) bioliquid (not being fossil derived bioliquid);

(d) waste which constitutes a renewable source (not being bioliquid or biomass);

(e) fossil fuel including waste (other than waste falling within sub-paragraphs (a) to (d)).

(5) Any reference in this Order to the provision of information “in writing” includes the provision of such information by electronic mail, facsimile or similar means which are capable of producing a document containing the text of any communication.

(6) Any reference in this Order to the supply of electricity shall, in respect of a supply made in Northern Ireland, be construed in accordance with the definition of “supply” in Article 3 of the Electricity (Northern Ireland) Order 1992[^f00016], and in respect of any other supply, be construed in accordance with the definition of “supply” in section 4(4) of the Electricity Act[^f00017].

(7) Any reference in this Order to a “type of generating capacity” is a reference to one of the following—

(a) pre-2013 capacity;

(b) 2013/14 capacity;

(d) 2015/16 capacity;

(e) post-2016 capacity.

(8) A reference in this Order to residue does not, in the case of residue from processing, include a reference to any substance that is a primary aim of a production process or that the process has been deliberately modified to produce.

Waste as a renewable energy source

3

(1) For the purposes of Articles 52 to 55F of the Energy Order and this Order, the term “renewable sources” includes waste of which not more than 90 per cent is waste which is, or is derived from, fossil fuel.

(2) The proportion of waste which is, or is derived from, fossil fuel—

(a) is to be determined by the Authority, and

(b) is—

(i) for any waste that is a fossil derived bioliquid, the energy content of the fossil fuel from which the fossil derived bioliquid is directly or indirectly produced expressed as a percentage of the energy content of that fossil derived bioliquid as a whole,

(ii) for all other waste, the energy content of the fossil fuel from which the waste is in part composed or derived expressed as a percentage of the energy content of that waste as a whole.

(3) Where waste is used (whether on its own or not) to fuel a generating station, it is for the operator of the generating station to demonstrate to the Authority’s satisfaction what proportion of the waste is, or is derived from, fossil fuel.

(4) Without prejudice to paragraph (3), when determining that proportion the Authority is entitled to have regard to any material (whether or not produced to it by the operator of the generating station) if, in its opinion, that material indicates what proportion of the waste is, or is derived from, fossil fuel.

(5) But where the operator of a generating station in which municipal waste is used satisfies the Authority—

(a) by reference to data published by the Department of Environment or a district council, that the proportion of the municipal waste so used which is, or is derived from, fossil fuel, is unlikely to exceed 50 per cent, and

(b) that the municipal waste so used has not been subject to any process before being so used that is likely to have had a materially increased that proportion,

that constitutes sufficient evidence of the fact that the proportion of the municipal waste so used which is, or is derived from, fossil fuel is 50 per cent.

(6) Where—

(a) municipal waste is used in a generating station and—

(i) the Authority is not satisfied as to the matters identified in paragraph (5), or

(ii) the operator of the station is claiming that the proportion of that waste which is, or is derived from, fossil fuel is less than 50 per cent; or

(b) waste (not being municipal waste) is used in a generating station and the Authority is not satisfied as to what proportion of the waste is, or is derived from, fossil fuel,

the Authority may require the operator of the generating station to arrange for samples of any fuel used (or to be used) in the station, or of any gas or other substance produced as a result of the use of such fuel, to be taken by a person, and analysed in a manner approved by the Authority, and for the results of that analysis to be made available to the Authority.

(7) In this Article “municipal waste” has the same meaning as in Chapter 1 of Part 1 of the Waste and Emissions Trading Act 2003[^f00018];

Biomass and fuels which are to be treated as biomass

4

(1) In this Order, “biomass” means fuel which—

(a) falls within paragraph (1A),

(b) falls within paragraph (1B), or

(1A) Fuel falls within this paragraph if—

(a) at least 90% of its energy content is derived from relevant material (that is to say, material which is, or is derived directly or indirectly from, plant matter, animal matter, fungi , algae or bacteria ), and

(b) any fossil fuel forming part of the fuel is present following a process—

(i) to which the relevant material has been subject, and

(ii) the undertaking of which has caused the fossil fuel to be present in, on or with that material even though that was not the object of the process.

(1B) Fuel falls within this paragraph if—

(a) at least 90% of its energy content is derived from relevant material (that is to say, material which is, or is derived directly or indirectly from, plant matter, animal matter, fungi , algae or bacteria ),

(b) it is waste, and

(2) For the purposes of this Order, except Article 46 (information to be provided to the Authority where electricity is generated from biomass), a fuel which is used in a generating station with biomass but which is not biomass (including, where two or more of the fuels listed in Article 2(4) are mixed together before being so used, each of those fuels which is not biomass) is to be treated as biomass if—

(a) the energy content of the fuel is derived in part from relevant material (within the meaning of the definition of biomass) and in part from fossil fuel;

(b) either—

(i) the fossil fuel is present in it following a process—

(aa) to which its relevant material has been subject, and

(bb) the undertaking of which has caused the fossil fuel to be present in, on or with that material even though that was not the object of the process; or

(ii) it is waste and the fossil fuel forming part of it was not added to it with a view to its being used as a fuel; and

(c) at least 90 per cent of the total energy content of the fuel and the biomass with which the fuel is used is derived from relevant material.

(3) Accordingly, any reference in this Order to biomass, other than in Article 46 is to be construed as a reference to biomass or fuel which (by virtue of paragraph (2)) is to be treated as biomass.

(4) Where biomass (not being waste or fossil derived bioliquid) is used, whether on its own or not, to fuel a generating station and a proportion of it is composed of fossil fuel, the proportion of it which is composed of fossil fuel—

(a) is to be determined by the Authority, and

(b) is the energy content of the fossil fuel from which it is in part composed expressed as a percentage of its energy content as a whole.

(5) It is for the operator of the generating station to demonstrate to the Authority’s satisfaction what proportion of the biomass is fossil fuel.

(6) When determining that proportion the Authority is entitled to have regard to any material (whether or not produced to it by the operator of the generating station) if, in its opinion, that material indicates what proportion of the biomass is fossil fuel.

(7) For the purposes of this Article, fossil fuel is not to be regarded as being derived directly or indirectly from plant matter, animal matter, fungi , algae or bacteria .

PART 2 — The Renewables Obligation

The renewables obligation

5

(1) the renewables obligation is imposed on each electricity supplier supplying electricity in Northern Ireland (a “designated electricity supplier”).

(2) The renewables obligation is that, subject to Articles 40 and 41 each designated electricity supplier must, by the specified day, produce to the Authority, in respect of each megawatt hour of electricity that he supplies to customers in Northern Ireland during an obligation period—

(a) subject to sub-paragraph (b), the number of renewables obligation certificates determined in accordance with Article 12;

(b) where the obligation period commences on 1st April 2009, 0.035 renewables obligation certificates for each megawatt hour so supplied.

(3) To enable the number referred to in paragraph (2)(a) to be determined, the Department must first determine, for the obligation period in question, calculations A and B and the total number of renewables obligation certificates required to be produced by designated electricity suppliers in accordance with Articles 6 to 11.

(4) Where the number of renewable obligation certificates that a designated electricity supplier is required to produce by virtue of paragraph (2) is not a whole number, it is to be rounded to the nearest whole number (one-half being rounded upwards).

Part of calculation A referable to Great Britain

6

The part of calculation A referable to Great Britain is the estimate of megawatt hours of electricity likely to be supplied to customers in Great Britain during a particular obligation period, as estimated by the Secretary of State under Article 6(1) of the Renewables Obligation Order 2009[^f00019] (Part of calculation A referable to Great Britain), multiplied by the figure which corresponds to that particular period in the second column of Schedule 1.

Part of calculation A referable to Northern Ireland

7

(1) Before the start of each obligation period identified in the first column of Schedule 1, (except for the first such period), the Department is to estimate, in megawatt hours, the total amount of electricity likely to be supplied to customers in Northern Ireland during that period by electricity suppliers designated under this Order.

(2) The figure representing the number of megawatt hours so estimated for an obligation period is to be multiplied by the figure which corresponds to that period in the third column of Schedule 1.

Calculation A

8

(1) The product of the calculation referred to in Article 6, added to the product of the calculation in Article 7(2), is (for the obligation period to which those calculations relate) calculation A.

(2) Where calculation A is not a whole number, it is to be rounded to the nearest whole number (one-half being rounded upwards).

(3) References to calculation A in Articles 11 and 12 shall be construed accordingly.

Calculation B

9

(1) Calculation B is the number of renewables obligation certificates likely to be issued in respect of renewable electricity for a particular obligation period, as estimated by the Secretary of State under Article 9(2) of the Renewables Obligation Order 2009, increased by—

(a) in relation to the obligation period ending on 31st March 2011, 8 per cent; and

(b) in relation to any other obligation period, 10 per cent.

(2) Where calculation B is not a whole number, it is to be rounded to the nearest whole number (one-half being rounded upwards).

(3) References to calculation B in Articles 11 and 12 shall be construed accordingly.

(4) In this Article “renewable electricity” means electricity which is generated from renewable sources and in respect of which renewables obligation certificates may be issued.

Calculation C

10

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

Determining the number of renewables obligation certificates to be produced in an obligation period

11

(1) Following the determination of calculations A and B for an obligation period, the Department is to determine the total number of renewables obligation certificates required to be produced by designated suppliers (“the total obligation”) for that period in accordance with paragraphs (2) to (5).

(2) Where calculation A is equal to or greater than calculation B for an obligation period, the total obligation for that period is calculation A.

(3) ... Where calculation B is greater than calculation A for an obligation period, the total obligation for that period is calculation B.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) References to the total obligation in Article 12 shall be construed accordingly.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge his renewables obligation

12

(1) Where the total obligation for an obligation period is calculation A, the number of renewables obligation certificates that a designated electricity supplier is required to produce in order to discharge his renewables obligation in respect of electricity that he supplies to customers in Northern Ireland during that period is, for each megawatt hour so supplied, the figure set out in the third column of Schedule 1 that corresponds to that period.

(2) Where the total obligation for an obligation period is calculation B, the number of renewables obligation certificates that a designated electricity supplier is required to produce in order to discharge his renewables obligation in respect of electricity that he supplies to customers in Northern Ireland during that period is, for each megawatt hour so supplied, equal to—

$Figure set out in third column of Schedule 1 for that period×calculation B for that periodcalculation A for that period$

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Department must publish, by the 1st October preceding an obligation period, the number of renewables obligation certificates that a designated electricity supplier is required to produce in respect of each megawatt hour of electricity that he supplies to customers in Northern Ireland during that period in order to discharge his renewables obligation for that period.

Further provision in relation to the production of renewables obligation certificates

13

(1) A designated electricity supplier may discharge his renewables obligation by the production to the Authority of a GBROC.

(2) A designated electricity supplier may discharge up to 25 per cent of his renewables obligation in respect of an obligation period by producing to the Authority renewables obligation certificates relating to electricity supplied in the immediately preceding obligation period.

(3) Subject to paragraph (4), no more than 4% of a designated electricity supplier’s renewables obligation may be satisfied by the production of renewables obligation certificates issued in respect of electricity generated from bioliquid.

(4) The limit set out in paragraph (3) does not apply to the production of renewables obligation certificates issued in respect of electricity—

(a) generated by a generating station to which Article 27 applies,

(b) generated by a qualifying combined heat and power generating station which has, as at the date of generation of the electricity, a total installed capacity of less than 1 megawatt,

(d) generated in the way described as “energy from waste with CHP” in Schedule2, or

(e) generated before 1stMay 2013.

(7) A designated electricity supplier must not produce to the Authority a renewables obligation certificate which has previously been or is produced to the Great Britain authority under a GBRO Order.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Matters to be certified by and content of NIROCs

Matters to be certified by NIROCs

14

Where a NIROC does not certify the matters within Article 54(3) of the Energy Order, it must certify the matters within paragraphs (4), (5), or (6) of that Article.

When electricity is to be regarded as supplied to customers in Northern Ireland

15

For the purposes of Articles 54(3) and (4) of the Energy Order, electricity which cannot be shown to have been supplied to customers in Northern Ireland is to be regarded as having been so supplied if it has been sold under the circumstances described in Article 34 (9) .

When electricity used in a permitted way for NIROCs certifying matters within Article 54(5) or (6) of the Energy Order

16

(1) For the purposes of Article 54(5) and (6) of the Energy Order (in particular, for the purposes of a NIROC certifying the matters within Article 54(5) or (6)) electricity generated by a generating station of any description is used in a permitted way if, subject to paragraph (2), it is used in any of the ways mentioned in Article 54(8) of that Order.

(2) Electricity is not used in a permitted way if it is supplied to customers in Northern Ireland through a private wire network and—

(a) the generating station from which the electricity is conveyed has a declared net capacity in excess of 10 megawatts, and

(b) at some point before the electricity is supplied to customers through the private wire network it is conveyed through a transmission or distribution system operated under a licence granted under Article 10 of the Electricity Order.

PART 4 — Cases and circumstances when a NIROC must not be issued

Excluded generating stations

17

NIROCs are not to be issued in respect of any electricity generated outside Northern Ireland.

Generating stations first commissioned before 1st January 1990

18

(1) This Article applies to a generating station—

(a) which was first commissioned before 1st January 1990,

(b) the main components of which have not been renewed since 31st December 1989, and

(2) No NIROCs are to be issued in respect of electricity generated in any month by a generating station to which this Article applies unless all of the electricity generated by that station during that month—

(a) Is generated—

(i) partly from fossil fuel, and

(ii) partly from renewable sources which consist wholly of—

(aa) biomass,

(bb) biomass and Solid Recovered Fuel, or

(cc) a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion;

(b) is generated from biomass and the following conditions are met—

(i) where that station generated electricity in any month prior to April 2003, no less than 75 per cent of the energy content of the fuel used to generate that electricity was derived from fossil fuel,

(ii) the first month in which all of the electricity generated by that station was generated from biomass occurred after March 2004, and

(iii) in relation to electricity generated in any month after that first month by that station, no more than 75 per cent of the energy content of the fuel used to generate that electricity was derived from fossil fuel.

(3) For the purposes of paragraph (1)(b), the main components of a generating station are only to be regarded as having been renewed since 31st December 1989—

(a) in the case of a hydro generating station, where the following parts have been installed in the generating station after 31st December 1989 and were not used for the purpose of electricity generation prior to their installation—

(i) all the turbine runners or all the turbine blades or the propeller; and

(ii) all the inlet guide vanes or all the inlet guide nozzles;

(b) in the case of any other generating station, where all the boilers and turbines (driven by any means including wind, water, steam or gas) have been installed in the generating station after 31st December 1989 and were not used for the purpose of electricity generation prior to their installation.

(4) For the purposes of paragraph (2)—

(a) in sub-paragraph (a)(i) fossil fuel does not include waste which is a renewable source, and

(b) in determining whether or not the requirements of sub-paragraph (a) or (b) are met, no account is to be taken of any fossil fuel or waste which the generating station uses for permitted ancillary purposes.

Generating stations in respect of which a NFFO arrangement applied but was terminated

19

(1) This Article applies where—

(a) a NFFO arrangement (“the applicable NFFO arrangement”) provided for the building of a generating station at a specified location (“the location”);

(b) the applicable NFFO arrangement was terminated due to the operator of the generating station to which it applied having committed an unremedied breach of it; and

(c) the last period in the tables contained in Schedule 1 to the Non-Fossil Fuel Order which relates to the applicable NFFO arrangement has not expired.

(2) Subject to paragraph (3), where this Article applies, no NIROCs are to be issued in respect of electricity generated by a generating station—

(a) which is situated wholly or partly at the location;

(b) to which the applicable NFFO arrangement applied at the time it was commissioned; and

(i) who was a party to the applicable NFFO arrangement; or

(ii) who is a connected person or a linked person in relation to any such party.

(3) Paragraph (2) does not apply in relation to electricity generated by a generating station in a month in which all of the electricity generated by that station is sold pursuant to another NFFO arrangement.

Non-commissioned generating stations in respect of which a NFFO arrangement applies

20

(1) This Article applies where a NFFO arrangement (“the applicable NFFO arrangement”) provides for the building of a generating station (“the specified station”) at a specified location (“the location”) and the specified station has not been commissioned.

(2) Subject to paragraph (3), where this Article applies, no NIROCs are to be issued in respect of electricity generated by a generating station which—

(a) is situated wholly or partly at the location; and

(b) is owned or operated by a person who is a party to the applicable NFFO arrangement or who is a connected person or a linked person in relation to any such party.

(3) Paragraph (2) does not apply in relation to electricity generated by a generating station in a month in which all of the electricity generated by that station is sold pursuant to another NFFO arrangement.

Circumstances in which no NIROCs are to be issued in respect of electricity generated from renewable sources

21

(1) No NIROCs are to be issued in respect of electricity generated by a generating station in a month during all of part of which it generates electricity—

(a) wholly from renewable sources which consist of or include waste unless—

(i) the waste is biomass...,

(ii) the waste is a liquid consisting wholly or mainly of hydrocarbon compounds,

(iii) the waste is in the form of a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion, or

(iv) the generating station is a qualifying combined heat and power generating station;

(b) partly from renewable sources and partly from fossil fuel unless the renewable sources consist of—

(i) biomass...,

(ii) biomass... and Solid Recovered Fuel, or

(iii) a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion;

(c) partly from renewable sources and partly from fossil fuel where the fossil fuel consists of or includes waste unless that waste is—

(i) liquid consisting wholly or mainly of hydrocarbon compounds,

(ii) in the form of a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion, or

(iii) Solid Recovered Fuel;

(d) wholly or partly from peat.

(2) In this Article—

(a) in paragraph (1)(a) and (c) and in sub-paragraph (c), waste includes anything derived directly or indirectly from waste;

(b) in paragraph (1)(b) and (c), fossil fuel does not include waste which is a renewable source; and

(c) in determining how electricity has been generated for the purposes of paragraph (1)(a), (b) or (c), no account is to be taken of any fossil fuel or waste which the generating station uses for permitted ancillary purposes.

(3) For the purposes of paragraph (2)(c), fossil fuel or waste (which includes anything derived directly or indirectly from waste) is used for permitted ancillary purposes if—

(a) it is used in a generating station for—

(i) cleansing other fuels from the generating station’s combustion system prior to using fossil fuel or waste to heat the combustion system to its normal temperature;

(ii) the heating of the station’s combustion system to its normal operating temperature or the maintenance of that temperature;

(iii) the ignition of fuels of low or variable calorific value;

(iv) emission control;...

(v) standby generation or the testing of standby generation capacity,...

(vi) corrosion control; or

(vii) fouling reduction, and

(b) the energy content of the fossil fuel or waste so used during a month (or, where both are so used during a month, their combined energy content) does not exceed 10 per cent of the energy content of all the energy sources used by that generating station to generate electricity during that month.

(4) In this Article, “standby generation” means the generation of electricity by equipment which is not used frequently or regularly to generate electricity and where all the electricity generated by that equipment is used by the generating station .

PART 5 — NIROCs to be issued by Authority in respect of renewable output

NIROCs to be issued by Authority in respect of a generation station’s renewable output

22

(1) The Authority is to issue NIROCs.

(2) Subject to paragraphs (2A) and (3) and Article 52 (modifications of this Order in relation to microgenerators in certain circumstances), NIROCs—

(a) are to be issued in respect of a generating station’s renewable output in a month, and

(b) must not be issued before the end of the second month following that month.

(2A) Where—

(a) electricity was generated—

(i) by a generating station with a total installed capacity of at least one megawatt; and

(ii) using biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste); and

(b) the greenhouse gas emissions from the use of that biomass are above the relevant target,

NIROCs in respect of that electricity must not be issued before the end of the second month following the obligation period in which the electricity was generated.

(2B) For the purposes of paragraph (2A), the greenhouse gas emissions from the use of biomass must be calculated in accordance with paragraphs 3 to 5 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass).

(3) When issuing NIROCs in respect of electricity generated in a month by a generating station or, in the case of NIROCs certifying the matters within Article 54(4) or (6) of the Energy Order, two or more generating stations, the Authority must—

(a) determine the renewable output of that generating station or, as the case may be, those generating stations in that month in accordance with Article 23 or 24 (whichever is applicable);

(aa) deduct from that station’s or those stations’ renewable output any electricity which is generated from landfill gas other than electricity—

(i) to be deducted by virtue of sub-paragraph (b)

(ii) generated by a generating station to which Article 27 applies,

(iii) generated using pre-2013 capacity or 2013/15 capacity,

(iv) generated in the way described as “closed landfill gas” in Schedule 2, or

(v) generated using the heat from a turbine or engine;

(b) where one or more of the criteria set out in Articles 34 to 36 have to be satisfied before NIROCs can be issued in respect of that station’s or those stations’ renewable output, deduct from that output any electricity in respect of which any of those criteria are not satisfied; and

(c) issue NIROCs in respect of that station’s or those stations’ remaining renewable output, the amount of electricity to be stated in each NIROC being determined in accordance with Articles 25 to 30 (banding and grandfathering).

(4) This means that, where a generating station generates electricity—

(a) wholly from renewable sources a proportion of which is composed of fossil fuel,

(b) wholly from renewable sources and the input electricity used by the generating station in generating that electricity exceeds 0.5 per cent of the total amount of that electricity, or

Calculating a generating station’s renewable output

23

(1) Subject to Article 24, the renewable output of a generating station in any month is equal to—

(a) Where the input electricity used by the generating station during that month does not exceed 0.5 per cent of the gross output of that station during that month, A;

(b) In any other case, $A×BC$

(2) In paragraph (1)—

(a) A is equal to $C×DE$where—

(i) C is the gross output of the generating station during the month in question;

(ii) D is the energy content of all of the renewable sources used in generating that station’s gross output during that month, less the energy content of—

(aa) any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of sub-paragraph (bb) or (dd) is in part composed);

(bb) any of those renewable sources which is Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass);

(cc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(dd) except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed;

(iii) E is the energy content of all of the fuels used in generating that station’s gross output that month.

(b) B is the gross output of that station during that month less the input electricity it uses during that month;

(3) Paragraphs (4) to (4E) apply for the purposes of Article 22 and Part 6.

(4) In any month where the renewable output of the station is generated in a single way the proportion of the station’s renewable output in that month which is generated using—

(a) pre-2013 capacity is $PN$;

(b) 2013/14 capacity is $QN$;

(d) 2015/16 capacity is $SN$;

(e) post-2016 capacity is $TN$.

(4A) In any month where pre-2013 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways the proportion of the station’s renewable output in that month which is generated in each of those ways using pre-2013 capacity—

(a) in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is; $MN×PN$;

(b) in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is; $HI×JL×PN$;

(c) in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2 is; $HI×KL×PN$;

(d) in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is $FG×PN$.

(4B) In any month where 2013/14 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways, the proportion of this station’s renewable output in that month which is generated in each of these ways using 2013/14 capacity—

(a) in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is $MN×QN$;

(b) in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is $HI×JL×QN$;

(c) in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is $HI×KL×QN$;

(d) in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is $FG×QN$.

(4C) In any month where 2014/15 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways; the proportion of the station’s renewable output in that month which is generated in each of those ways using 2014/15 capacity—

(a) in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is $MN×RN$;

(b) in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is $HI×JL×RN$;

(c) in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is $HI×KL×RN$;

(d) in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is $FG×RN$.

(4D) In any month where 2015/16 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways the proportion of the station’s renewable output in that month which is generated in each of those ways using 2015/16 capacity—

(a) in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is $MN×SN$;

(b) in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is $HI×JL×SN$;

(c) in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is $HI×KL×SN$;

(d) in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is $FG×SN$.

(4E) In any month where post-2016 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways, the proportion of the station’s renewable output in that month which is generated in each of those ways using post-2016 capacity—

(a) in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is $MN×TN$;

(b) in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is $HI×JL×TN$;

(c) in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is $HI×KL×TN$;

(d) in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is $FG×TN$.

(5) In paragraphs (4) to (4E)—

(a) F is the energy content of the renewable sources used when generating electricity in that way during that month less the energy content of—

(i) any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraph (ii) or (iii) is in part composed);

(ii) any of those renewable sources which is Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass);

(iii) except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed;

(b) G is the energy content of all of the renewable sources used in generating the station’s gross output during that month less the energy content of—

(i) any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraph (ii) or (iii) is in part composed);

(ii) any of those renewable sources which is a Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass);

(iii) except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed;

(d) I is the energy content of all of the renewable sources used in generating the station’s renewable output during that month;

(e) J is the dry mass of—

(i) any waste which constitutes a renewable source (other than sewage), and

(ii) any biomass (other than sewage),

from which the mixed gas used in generating the station’s renewable output during that month is formed, less the dry mass of any digestible fossil fuel from which that waste or biomass is in part composed;

(f) K is the dry mass of the sewage from which the mixed gas used in generating the station’s renewable output during that month is formed;

(g) L is the dry mass of all of the material from which the mixed gas used in generating the station’s renewable output during that month is formed, less the dry mass of any digestible fossil fuel from which that material is in part composed;

(h) M is the maximum capacity in that month at which the station could generate electricity in that way for a sustained period without causing damage to the station (assuming the heat used by the station to generate electricity was available to it without interruption);

(i) N is the total installed capacity of the station in that month;

(j) P is the total installed capacity of the pre-2013 capacity of the station in that month;

(k) Q is the total installed capacity of the 2013/14 capacity of the station in that month;

(l) R is the total installed capacity of the 2014/15 capacity of the station in that month;

(m) S is the total installed capacity of the 2015/16 capacity of the station in that month;

(n) T is the total installed capacity of the post-2016 capacity of the station in that month.

(6) In this Article —

“dry mass”, in relation to a fuel, means the mass of the fuel when any water present in it has been removed;

“excepted generating station” means a generating station—which was accredited on or before 31st March 2011;which, since being accredited, has not ceased to be accredited at any time; andin respect of which, if it was not accredited as at 31st March 2009, preliminary accreditation was held on and from that date until the date on which it was accredited;

“gross output”, in relation to a generating station, means the total amount of electricity generated by that station;

“input electricity” has the same meaning as in Article 22;

“mixed gas” means gas formed by the anaerobic digestion of sewage together with—Waste which constitutes a renewable source (other than sewage), orBiomass (other than sewage).

(7) Any reference in this Article to a way of generating renewable output is a reference to—

(a) one of the ways of generating electricity described in Schedule 2,

(b) generating electricity in the way described in Article 26D(1)(c),

(d) generating electricity from renewable sources in a way not falling within sub-paragraph (a), (b) or (c).

Renewable output of a qualifying combined heat and power generating station

24

(1) For the purposes of determining the renewable output of a qualifying combined heat and power generating station in any month during which it generates electricity from waste (other than waste which constitutes biomass or is used for permitted ancillary purposes or is an advanced fuel , or is in the form of a liquid or gaseous fuel produced by means of... anaerobic digestion), Article 23 applies subject to the following modifications.

(2) For paragraph (2)(a)(ii) of Article 23 substitute—

(ii) D is the energy content of all of the renewable sources used in generating that station’s gross output during that month, less the energy content of— (aa) any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of sub-paragraph (cc) is in part composed); (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (cc) except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed, multiplied by the proportion which the qualifying power output of that station bears to its total power;

(3) For paragraphs (5)(a) and (5)(b) of that Article, substitute—

(a) F is the energy content of the renewable sources used when generating electricity in that way during that month less the energy content of— (i) any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraph (ii) is in part composed); (ii) except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed; (b) G is the energy content of all of the renewable sources used in generating the station’s gross output during that month less the energy content of— (i) any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraph (ii) is in part composed); (ii) except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed;

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 — Banding and Grandfathering

The amount of electricity to be stated in each NIROC

25

(1) Each NIROC is to state the amount of electricity in respect of which it has been issued.

(2) The amount of electricity to be stated in each NIROC depends on—

(a) the way in which the electricity in respect of which it is to be issued has been generated, and

(b) the type of generating capacity used to generate the electricity in respect of which the NIROC is to be issued.

(3) Subject to Articles 26 to 30, the amount of electricity to be stated in each NIROC is to be determined in accordance with paragraphs (4) to (10).

(4) Each NIROC to be issued in respect of electricity generated—

(a) using 2013/14 capacity, and

(b) in a way described in the first column of Part 2A of Schedule 2,

must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule.

(5) Each NIROC to be issued in respect of electricity generated—

(a) using 2013/14 capacity, and

(b) in a way described in the first column of Part 2A of Schedule 2,

must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule.

(6) Each NIROC to be issued in respect of electricity generated—

(a) using 2014/15 capacity, and

(b) in a way described in the first column of Part 2A of Schedule 2,

must state the amount of electricity which corresponds to that description in the third column of that Part of that Schedule.

(7) Each NIROC to be issued in respect of electricity generated—

(a) using 2015/16 capacity, and

(b) in a way described in the first column of Part 2B of Schedule 2,

must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule.

(8) Each NIROC to be issued in respect of electricity generated—

(a) using post-2016 capacity, and

(b) in a way described in the first column of Part 2B of Schedule 2,

must state the amount of electricity which corresponds to that description in the third column of that Part of that Schedule.

(9) The amount of electricity to be stated in each NIROC to be issued in respect of electricity generated—

(a) using pre–2013 capacity, and

(b) in a way which is not described in the first column of Part 2 of Schedule 2,

is 1 megawatt hour.

(10) The amount of electricity to be stated in each NIROC to be issued in respect of electricity generated—

(a) using 2013/14 capacity, 2014/15 capacity, 2015/16 capacity or post-2016 capacity, and

(b) in a way which is not described in the first column of Part 2A or Part 2B of Schedule 2,

is 1 megawatt hour.

Qualifying combined heat and power generating stations

26

(1) This Article applies to electricity—

(a) which is generated by a qualifying combined heat and power generating station in a way described in the first column of Part 2C of Schedule 2,

(b) to which none of Articles 26A to 26E apply, and

(2) Subject to paragraphs (3) to (7), the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is to be determined in accordance with Article 25(4) to (8).

(3) Where electricity to which this Article applies is generated using pre-2013 capacity, the amount of electricity to be stated in each NIROC is—

(a) in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; and

(b) in respect of the remainder of that electricity, the amount of electricity in the third column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.

(4) Where a declaration has been made in accordance with paragraph (8) in respect of the 2013/15 capacity of a station, and electricity to which this Article applies is generated by that station using 2013/15 capacity, the amount of electricity to be stated in each NIROC is—

(a) in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; and

(b) in respect of the remainder of that electricity, the amount of electricity in the third column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.

(5) Where a declaration has been made in accordance with paragraph (8) in respect of the summer 2015/16 capacity of a station, and electricity to which this Article applies is generated by that station using summer 2015/16 capacity, the amount of electricity to be stated in each NIROC is—

(a) in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; and

(b) in respect of the remainder of that electricity, the amount of electricity in the third column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.

(6) Where a declaration has been made in accordance with paragraph (8) in respect of the winter 2015/16 capacity of a station, and electricity to which this Article applies is generated by that station using winter 2015/16 capacity, the amount of electricity to be stated in each NIROC is—

(a) in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2D of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; and

(b) in respect of the remainder of that electricity, the amount of electricity in the third column of Part 2D of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.

(7) Where a declaration has been made in accordance with paragraph (8) in respect of the post-2016 capacity of a station, and electricity to which this Article applies is generated by that station using post-2016 capacity, the amount of electricity to be stated in each NIROC is—

(a) in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2E of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; and

(b) in respect of the remainder of that electricity, the amount of electricity in the third column of Part 2E of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.

(8) A declaration is made in accordance with this paragraph if it meets the following conditions—

(a) it is made by the operator of the generating station to the Authority in writing,

(b) it is made in respect of the 2013/15 capacity, summer 2015/16 capacity, winter 2015/16 capacity or post-2016 capacity of the station,

(i) 2013/15 capacity forms part of the total installed capacity of the station, and

(ii) support has not been given under any relevant scheme for heat produced by the use of that generating capacity,

(d) in the case of a declaration made in respect of the summer 2015/16 capacity of the station, it confirms that—

(i) summer 2015/16 capacity forms part of the total installed capacity of the station, and

(ii) support has not been given under any relevant scheme for heat produced by the use of that generating capacity,

(e) in the case of a declaration made in respect of the winter 2015/16 capacity of the station it confirms that—

(i) winter 2015/16 capacity forms part of the total installed capacity of the station, and

(ii) none of the heat produced by the use of the winter 2015/16 capacity is eligible for support under a relevant scheme for reasons that include one or both of the following—

(aa) the way in which the station generates electricity;

(bb) the biomass, bioliquid or energy crops used by the station to generate electricity.

(f) in the case of a declaration made in respect of the post-2016 capacity of the station, it confirms that—

(i) post-2016 capacity forms part of the total installed capacity of the station, and

(ii) none of the heat produced by the use of the post-2016 capacity is eligible for support under a relevant scheme for reasons that include one or both of the following—

(aa) the way in which the station generates electricity;

(bb) the biomass, bioliquid or energy crops used by the station to generate electricity, and

(g) it states that, for so long as the station generates electricity in respect of which NIROCs may be issued, the operator of the station will not claim support under any relevant scheme for heat produced by the station using the type of generating capacity in respect of which the declaration is made.

(9) In this Article, “summer 2015/16 capacity” means—

(a) in relation to a generating station accredited on or before 31stMarch 2015, any capacity which—

(i) in the Authority’s view, forms part of the station from a date no earlier than 1stApril 2015 and no later than 30thSeptember 2015, and

(ii) does not form part of the capacity of the station as accredited;

(b) in relation to a generating station which—

(i) was not accredited on or before 31stMarch 2015, and

(ii) was accredited on or before 30thSeptember 2015,

the capacity of the station as accredited together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 30thSeptember 2015.

(10) In this Article, “winter 2015/16 capacity” means—

(a) in relation to a generating station accredited on or before 30thSeptember 2015, any capacity which—

(i) in the Authority’s view, forms part of the station from a date no earlier than 1stOctober 2015 and no later than 31stMarch 2016, and

(ii) does not form part of the capacity of the station as accredited;

(b) in relation to a generating station which—

(i) was not accredited on or before 30thSeptember 2015, and

(ii) was accredited on or before 31stMarch 2016,

the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31stMarch 2016.

(11) A declaration made in accordance with paragraph (8) cannot be withdrawn.

(12) In this Article, “relevant scheme” means a scheme established by the Department in exercise of the power in section 113(1)(a) of the Energy Act 2008.

(13) This Article is subject to Article 30.

Microgenerators

27

(1) This Article applies to a generating station which—

(a) is an accredited microgenerator,

(b) has not had a total declared net capacity in excess of 50 kilowatts at any time after 31st March 2009, and

(c) is not a qualifying new onshore wind station or a qualifying new hydro station or a qualifying new solar photovoltaic station or a qualifying new anaerobic digestion station.

(2) The amount of electricity to be stated in each NIROC issued in respect of electricity generated—

(a) by a generating station to which this Article applies, and

(b) using—

(i) pre-2013 capacity, or

(ii) 2013/14 capacity, or

(iii) 2014/15 capacity,

is $12$ of a megawatt hour.

(3) The amount of electricity to be stated in each NIROC issued in respect of electricity generated—

(a) by a generating station to which this Article applies, and

(b) using 2015/16 capacity,

is $1019$ of a megawatt hour.

(4) The amount of electricity to be stated in each NIROC issued in respect of electricity generated—

(a) by a generating station to which this Article applies, and

(b) using post-2016 capacity,

is $59$ of a megawatt hour.

(5) In this Article and in Articles 27A to 27C—

“2010/2015 qualifying new solar photovoltaic station” means a generating station which—generates electricity from the direct conversion of sunlight to electricity,was accredited after 31stMarch 2010 and before 1stOctober 2015, andhas not had a declared net capacity in excess of 250 kilowatts at any time after 31stMarch 2010;

“2015/2016 qualifying new solar photovoltaic station” means a generating station which—generates electricity from the direct conversion of sunlight to electricity,was accredited after 30thSeptember 2015 and before 1stOctober 2016, andhas not had a declared net capacity in excess of 250 kilowatts at any time after 30thSeptember 2015;

“2016/2017 qualifying new solar photovoltaic station” means a generating station which—generates electricity from the direct conversion of sunlight to electricity,was accredited after 30thSeptember 2016, andhas not had a declared net capacity in excess of 250 kilowatts at any time after 30thSeptember 2016;

“qualifying new hydro station” means a hydro generating station which—was first accredited after 31stMarch 2010, andhas not had a declared net capacity in excess of 5 megawatts at any time after 31stMarch 2010;

“qualifying new onshore wind station” means a generating station which—generates electricity from onshore wind,was accredited after 31stMarch 2010, andhas not had a declared net capacity in excess of 5 megawatts at any time after 31stMarch 2010;

“qualifying new solar photovoltaic station” means—a 2010/2015 qualifying new solar photovoltaic station,a 2015/2016 qualifying new solar photovoltaic station, anda 2016/2017 qualifying new solar photovoltaic station;

“qualifying new anaerobic digestion station”, means a generating station which—generates electricity from gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill,was first accredited after 31stMarch 2011, andhas not had a declared net capacity in excess of 5 megawatts at any time after 31stMarch 2011.

(6) This Article is subject to Article 30.

Generating stations which were accredited as at 11th July 2006

28

(1) This Article applies to electricity which is generated—

(a) by a generating station—

(i) which was accredited as at 11thJuly 2006,

(ii) which has not ceased to be accredited since that date, and

(iii) to which Article 27 does not apply,

(b) using pre-2013 capacity, and

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is (subject to paragraphs (4) to (6)) the amount in the second column of Part 3 of Schedule 2 which corresponds to the description in the first column of that Part of that Schedule of the way in which the electricity was generated.

(4) Where, at the time it generates the electricity, the generating station’s total installed capacity is greater than it was on 11th July 2006, paragraph (3) applies only in relation to NIROCs which are to be issued in respect of—

(a) where electricity generated using the total installed capacity of the station as at 11th July 2006 (“the original capacity”) is measured separately from electricity generated using capacity which has been added to the station since that date (“additional capacity”), the electricity to which this Article applies which is generated using the station’s original capacity;

(b) in any other case, the appropriate percentage of the electricity to which this Article applies (the appropriate percentage for these purposes being the total installed capacity of the station as at 11thJuly 2006 expressed as a percentage of the total installed capacity of the pre-2013 capacity of the station as at the date of generation of the electricity).

(5) In relation to the remainder of the electricity to which this Article applies , the amount of electricity to be stated in each NIROC is to be determined in accordance with Article 25(4) ...except to the extent that the electricity—

(a) is generated using additional capacity which was operational before 1st April 2011 (“relevant additional capacity”); and

(b) is generated in a way described in the first column of Part 4 of Schedule 2.

(6) Where the electricity to which this Article applies is generated using relevant additional capacity in a way described in the first column of Part 4 of Schedule 2, the amount of electricity to be stated in each NIROC which is to be issued in respect of that electricity is the amount which corresponds to that description in the second column of that Part of that Schedule.

(7) In paragraphs (5) and (6), the reference to electricity being generated using relevant additional capacity is a reference to—

(a) where electricity generated using relevant additional capacity is measured separately from electricity generated otherwise than by using such capacity, the electricity which is generated using that capacity;

(b) in any other case, the appropriate percentage of the electricity to which this Article applies (the appropriate percentage for these purposes being the relevant additional capacity of the station at the date of generation of the electricity expressed as a percentage of the total installed capacity of the pre-2013 capacity at that date).

(8) This Article is subject to Article 30.

Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009

29

(1) Subject to paragraph (3), this Article applies to electricity which is generated—

(a) by a generating station—

(i) which was accredited as at 31stMarch 2009,

(ii) which has not ceased to be accredited since that date, and

(iii) to which Article 27 does not apply,

(b) in one of the ways described in the first column of Part 4 of Schedule 2, and

(2) Subject to paragraph (3), this Article also applies to electricity which is generated—

(a) by a generating station—

(i) which was accredited on or before 31stMarch 2011,

(ii) which, since being accredited, has not ceased to be accredited at any time,

(iii) in respect of which preliminary accreditation was held—

(aa) as at 31stMarch 2009, and

(bb) from that date until the date on which the station was accredited, and

(iv) to which Article 27 does not apply,

(b) in one of the ways described in the first column of Part 4 of Schedule 2, and

(3) This Article does not apply to electricity to which Article 28 applies.

(4) The amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is (subject to paragraph (5)) the amount in the second column of Part 4 of Schedule 2 which corresponds to the description in the first column of that Part of that Schedule of the way in which the electricity was generated.

(5) Where, at any time it generates electricity after 31st March 2011, the generating station’s total installed capacity is greater than it was on 31st March 2011, paragraph (4) applies only in relation to NIROCs which are to be issued in respect of—

(a) where electricity generated using the total installed capacity of the station as at 31st March 2011 (“the original capacity”) is measured separately from electricity generated using capacity which has been added to the station since that date, the electricity to which this Article applies which is generated using the station’s original capacity;

(b) in any other case, the appropriate percentage of the electricity to which this Article applies (the appropriate percentage for these purposes being the total installed capacity of the station as at 31stMarch 2011 expressed as a percentage of the total installed capacity of the pre-2013 capacity of the station as at the date of generation of the electricity).

(6) In relation to the remainder of the electricity to which this Article applies , the amount of electricity to be stated in each NIROC is to be determined in accordance with Article 25(4)....

(7) This Article is subject to Article 30.

Generating stations in respect of which a statutory grant has been awarded

30

(1) This Article applies to a generating station—

(a) in respect of which a statutory grant was awarded on or before 11th July 2006,

(b) which either —

(i) was granted accreditation which took effect after 11th July 2006, or

(ii) generates electricity from biomass or waste (including fuels produced from biomass or waste by means of gasification, pyrolysis or anaerobic digestion), and

(2) The operation of Articles 25, 26, 28 and 29 in relation to electricity generated by a generating station to which this Article applies is conditional upon the operator of the station agreeing—

(a) if the grant or any part of it has been paid, to repay to the Department or, as the case may be, the Secretary of State on or before 31st March 2011 so much of the grant as has been paid,

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