Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

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

Reform history JSON API

(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,

(b) to pay to the Department, or as the case may be, the Secretary of State interest on any amount repayable under sub-paragraph (a) for such period, and at such rate, as may be determined by the Department or, as the case may be, the Secretary of State, and

(c) if the grant or any part of it has not yet been paid, to consent to the cancellation of the award of the grant or part.

(3) Where a generating station to which this Article applies generates electricity at a time when the operator of the station—

(a) has not so agreed, or

(b) having so agreed, has not produced to the Authority evidence of—

(i) the repayment of all amounts due under paragraph (2)(a) or the payment of all amounts of interest due under paragraph (2)(b), and

(ii) where a grant or any part has been cancelled under paragraph (2)(c), the cancellation of that grant or part,

the amount of electricity to be stated in each NIROC issued in respect of that electricity is 1 megawatt hour or the amount determined in accordance with any of Articles 25 to 26E whichever is the greater.

(4) In determining how electricity has been generated for the purposes of paragraph (1)(b)(ii), no account is to be taken of any waste which the generating station uses for permitted ancillary purposes.

Review of banding provisions

31

(1) In this Order, “banding provision” means a provision of Articles 25 to 29.

(2) The Department may commence a review of the banding provisions in October 2010 and at subsequent four yearly intervals.

(3) The Department may review all or any of the banding provisions at any time if satisfied that one or more of the following conditions is satisfied—

(a) the charges imposed by network operators on persons, or a class of persons, making a request for connection to and use of a transmission or distribution system have changed significantly since the Department made the banding provisions;

(b) the charges imposed by network operators on persons, or a class of person, who generate electricity have changed significantly since the Department made the banding provisions;

(i) is likely to be used to generate from renewable sources electricity which is supplied to customers in Northern Ireland, and

(ii) is not listed in the first column of Part 2, Part 2A or Part 2B of Schedule 2;

(d) there has been a change, since the Department made the banding provisions, in any support, whether financial or otherwise, provided under any enactment other than Articles 52 to 55F of the Energy Order to persons generating electricity from renewable sources and that change is likely to have a significant impact on the generation of electricity from renewable sources;

(e) the costs of generating electricity in any of the ways listed in the first column of Part 2, Part 2A or Part 2B of Schedule 2 are significantly different from the costs of generating electricity in that way to which the Department had regard when making the banding provisions;

(f) there is evidence over a significant period that the provisions of Article 13(3) and (4) are having a material effect on trade in NIROCs referred to in Article 13(3);

(g) in an obligation period the number of NIROCs issued by, produced to or likely to be produced to the Authority exceeds or is likely to exceed the total number of NIROCs required to be produced to the Authority in respect of that obligation period by designated electricity suppliers;

(h) an event has occurred which—

(i) is relevant to the matters set out in Article 54B(4) of the Energy Order,

(ii) was not foreseen by the Department when making the banding provisions, and

(iii) has or is likely to have a material effect on the operation of this Order.

(4) In this Article, “network operators” are persons authorised by a licence under Article 10(1) of the Electricity (Northern Ireland) Order 1992 to participate in the transmission of electricity.

PART 7 — Issue and Revocation of NIROCs

Issue of NIROCs to generators and suppliers

32

(1) Subject to paragraphs (2) and (3) and Article 33 (issue of NIROCs to agents), the Authority is to issue a NIROC to the operator of the generating station by which the electricity to which the NIROC relates was generated.

(2) Where electricity—

(a) is required to be generated by a generating station from renewable sources under a NFFO arrangement, or

(b) in compliance with such an arrangement, is required to be made available to the Company

NIROCs are to be issued as set out in paragraph (3).

(3) Where by virtue of the NFFO arrangement the Company is entitled to the electricity, NIROCs are to be issued to licensed suppliers notified to the Authority by the Company as being purchasers of the entitlement to receive NIROCs and to each in such numbers as are appropriate to the entitlement to receive NIROCs which the Company notifies the Authority each has purchased in arrangements made by the Company under Article 38 (subject to the total number of NIROCs available to be issued in respect of the electricity).

Issue of NIROCs to agents

33

(1) This Article applies to a NIROC which certifies the matters within Articles 54 (4) or (6) of the Energy Order (a “relevant NIROC”).

(2) Where the generating stations to which the relevant NIROC relates are operated by two or more persons (“the operators”), that NIROC must be issued to an agent appointed for the purpose by the operators.

(3) The Authority must be notified in writing of the agent’s appointment, name and address.

(4) That notification may be provided to the Authority by the operators (or any of them) or the agent.

(5) The Authority must also be notified in writing if the agent’s appointment is terminated.

(6) That notification may also be provided to the Authority by the operators (or any of them) or the agent.

(7) Where notice is given under paragraph (5) and received by the Authority, the termination shall take effect (subject to paragraph (8)) at the end of the obligation period during which it is given, and until the expiration of that obligation period, the Authority must continue to issue any relevant NIROCs to the agent.

(8) Notwithstanding paragraph (7), after the expiration of that obligation period the Authority must continue to issue relevant NIROCs to the agent where those NIROCs relate to electricity generated during that obligation period.

(9) Paragraphs (7) and (8) do not apply in any case where the Authority is satisfied, by evidence produced to it, that owing to exceptional circumstances the termination should have immediate effect.

(10) Where an agent’s appointment has been terminated the agent is required to return to the operators any relevant information relating to the generation of electricity by their station.

(11) Where any provision of this Order requires or permits something to be done by, to or in respect of an agent appointed under this Article and the agent’s appointment is terminated before that thing is done, references to that agent (however framed) are to be construed—

(a) where a successor to the agent has been appointed under this Article, as references to that successor;

(b) in any other case, as references to the operators of the generating stations for whom the agent acted before they terminated the appointment.

General criteria for the issue of NIROCs

34

(1) Once during each obligation period the person to whom a NIROC is to be issued must confirm to the Authority in writing, whether before or after the generation of the electricity to which the NIROC relates, that that electricity, to the best of the person’s knowledge and belief, has been or (as the case may be) will be—

(a) in the case of a NIROC certifying the matters within Article 54(3) or (4) of the Energy Order, supplied by a designated electricity supplier to customers in Northern Ireland or in the circumstances referred to in paragraph (9) ;

(b) in the case of a NIROC certifying the matters within Article 54(5) or (6) of the Energy Order used in a permitted way.

(2) The electricity in respect of which a NIROC is to be issued—

(a) must be generated during a month in which the generating station generating it is accredited under this Order and any conditions to which the accreditation is subject are met;

(b) subject to paragraph (3), must be measured using a meter which, if used for ascertaining the quantity of electricity supplied by an authorised supplier to a customer, would be approved for the purposes of paragraph 3 of Schedule 7 to the Electricity Order; and

(i) has already been issued under this Order and has not been revoked;

(ii) has already been issued under an Order made under sections 32 to 32M of the Electricity Act (whether or not it has been revoked).

(3) Paragraph (2)(b) does not apply in relation to electricity generated by a generating station the operator of which has agreed with the Authority that estimates may be provided instead of measurements using a meter.

(4) Any information which—

(a) is relevant to the question whether a NIROC is to be issued, and

(b) is requested by or required to be provided to the Authority under Article 45 (provision of information to the Authority),

must be provided in the form and time requested and must be (in the Authority’s opinion) accurate and reliable.

(5) Where such information relates to the fuel used in the generation of that electricity and the fuel did not originate at the generating station, in determining whether that information is accurate and reliable the Authority must have regard to——

(a) the distance over which the fuel was transported; and

(b) the conditions under which the fuel was prepared and transported.

(6) The operator of a generating station which generates electricity by burning fuel in a combustion unit may notify the Authority in writing that, until such time as the notification is withdrawn, the energy content of any biomass burned in that combustion unit will be less than 50% of the energy content of all of the energy sources burned in that combustion unit.

(7) A notification under paragraph (9) constitutes sufficient evidence of the fact that the energy content of the biomass burned in the combustion unit referred to in the notification is less than 50% of the energy content of all the energy sources burned in that combustion unit.

(8) A notification under paragraph (9) may be withdrawn by a notice—

(a) in writing from the operator of the generating station to the Authority, and

(b) which specifies a date from which the withdrawal of the notification is to take effect.

(9) The circumstances referred to in Article 15 and paragraph (1)(a) are—

(a) the electricity in question is sold or intended to be sold by the operator or, as the case may be, by an intermediary acting on his behalf through the SEM Pool;

(b) there exists in relation to each unit of that electricity a relevant arrangement within the meaning of paragraph (10) (and no more than one such arrangement);

(10) For the purposes of paragraph (9) , a relevant arrangement means an agreement between the operator of the generating station and an electricity supplier which provides that, in relation to the period to which the declaration relates, the electricity supplier—

(a) shall purchase through the SEM Pool not less than an amount of electricity specified in or determined under the agreement being an amount that shall not exceed the amount of electricity sold through the SEM Pool by the operator or, as the case may be, the intermediary in that period;

(b) shall purchase through the SEM Pool a total amount of electricity which is not less than the aggregate of:

(i) the amount of electricity specified in or determined under the agreement; and

(ii) the amount of electricity specified or determined in any other relevant arrangements to which that electricity supplier is a party in respect of that period; and

(c) shall supply to customers in Northern Ireland from the electricity purchased through the SEM Pool a total amount of electricity which is not less than the aggregate of the amounts of electricity referred to in sub-paragraphs (b)(i) and (b)(ii).

(11) In this Article—

(a) “SEM Pool” means the wholesale electricity trading and settlement arrangements established by the Trading and Settlement Code.

(b) “Trading and Settlement Code” means the Single Electricity Market Trading and Settlement Code referred to in the SEM Memorandum as that Code may be amended or replaced from time to time.

(c) The “SEM Memorandum” means the Memorandum of Understanding referred to in Article 2(3) of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007.

(d) “intermediary” in relation to the operator of any generating station means the intermediary body, as defined in the Trading and Settlement Code, appointed in respect of that operator.

Further criteria applicable to NIROCs certifying matters within Article 54(3) and (4) of the Energy Order

35

(1) Once during each obligation period the person to whom a NIROC certifying the matters within Article 54(3) or (4) of the Energy Order is to be issued must confirm to the Authority in writing, whether before or after the generation of the electricity to which the NIROC relates—

(a) that they are not a person who has been a party to an applicable NFFO arrangement (within the meaning of Article 19);

(b) that they are not (and to the best of their knowledge and belief will not during the obligation period in which the confirmation is given become) a person who is a party to an applicable NFFO arrangement (within the meaning of Article 20); and

(c) that they are not (and to the best of their knowledge and belief will not during the obligation period in which the confirmation is given become) a person who is a connected person or a linked person in relation to any such party.

(2) Paragraph (1) does not apply where the person to whom the NIROC is to be issued is the Company under Article 32(3).

Further criteria applicable to NIROCs certifying matters within Article 54 (4) and (6) of the Energy Order

36

(1) Once during each obligation period the person to whom a NIROC certifying the matters within Article 54(4) or (6) is to be issued must confirm to the Authority in writing, whether before or after the generation of the electricity to which the NIROC relates, the matters set out in paragraph (2).

(2) The matters set out in this paragraph are—

(a) that each of the generating stations in relation to which the NIROC is to be issued—

(i) is a microgenerator, and

(ii) is accredited as a generating station capable of generating electricity in the same way from the same renewable source, and

(b) where the generating stations in relation to which the NIROC is to be issued are operated by two or more persons (“the operators”), that the operators have each—

(i) appointed the person providing the confirmation to act as agent to receive the NIROC on their behalf in accordance with Article 33 (issue of NIROCs to agents), and

(ii) agreed that their entitlement to NIROCs should be determined in the same way (either on a monthly basis or on an annual basis, depending on whether or not a notice has been given to the Authority under Article 52(2) (modifications of this Order in relation to microgenerators in certain circumstances)).

Refusing to issue and revoking NIROCs

37

(1) The Authority may refuse to issue a NIROC—

(a) where any criterion in Articles 34 to 36 which relates to that NIROC is not (in its opinion) met;

(b) where any information referred to in Article 34(4) or any confirmation provided to it under this Part is not (in its opinion) accurate and reliable.

(2) Where, in relation to any electricity generated by a generating station in a month, the Authority is satisfied that—

(a) any information referred to in Article 34(4) is false;

(b) any confirmation provided to it under this Part is false; or

(c) a NIROC was issued on the basis of any fraudulent behaviour, statement or undertaking on the part of the operator of that generating station or a connected person or, where NIROCs are issued to an agent by virtue of Article 33, that agent,

the Authority may revoke all NIROCs issued in respect of that electricity in that month.

(3) The Authority must also revoke any NIROC which it has issued where it is satisfied that the NIROC is inaccurate.

(4) Where the Authority—

(a) is no longer satisfied that a NIROC is accurate or should have been issued;

(b) has reasonable doubts as to the accuracy or reliability of the information upon which it relied prior to the issue of a NIROC; or

(c) has been unable, due to a failure or refusal by any person (whether inside or outside Northern Ireland) to provide it with any information reasonably requested by it, to check the accuracy of either a NIROC or any information which it relied upon prior to the issue of a NIROC,

it may revoke the NIROC (or another NIROC which is identical in all material respects and which has been issued to the same person).

(5) In determining whether to revoke a NIROC under paragraph (3) or (4), the Authority may disregard any changes to the amounts for “gross output” (within the meaning of Article 23) and “input electricity” (within the meaning of Article 22) which were used by it to determine a generating station’s renewable output in a month if satisfied that, in all the circumstances, it is reasonable for it to do so.

(6) Where the Authority revokes a NIROC it must delete that NIROC from the Register and as soon as reasonably practicable afterwards give notice in writing of such revocation to the person who was the registered holder of the NIROC at the time of its revocation.

(7) This Article is subject to Article 37A(2) to (4).

NIROCs: financial bids

38

(1) In the case only of NIROC relating to electricity that has been acquired, or is required to be acquired, under a NFFO arrangement, the Company shall make and implement arrangements within such a period as the Authority may direct—

(a) requiring the determination of the person, being a licensed supplier, to whom the NIROC is to be issued to be made by reference to financial bids made in respect of the NIROC with the person making the highest financial bid being the person to whom the NIROC is to be issued; and

(b) requiring that person to make a payment, in accordance with his bid, to the Company.

(2) The Company must conduct itself at all times in relation to the arrangements referred to in paragraph (1) in a manner so as to ensure and satisfy the Authority that it does not show any undue preference or exercise any undue discrimination in relation to any licensed supplier or class of licensed supplier.

(3) On each occasion that a licensed supplier is determined as being a person to whom one or more NIROCs should be issued pursuant to paragraph (1) the Company must promptly notify the Authority as to the licensed supplier so determined and in respect of each such notification, the Company shall, either with the notification or as soon as reasonably practicable after the notification, notify the Authority of the number of NIROCs to be issued to that licensed supplier.

(4) The Authority may give directions to the Company with regard to the making and implementing of arrangements by the Company under this Article and such directions may specify a date or dates by which the Company shall make and implement such arrangements and the Company shall comply with such directions.

PART 8 — Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds

Interpretation

39

(1) In this Part—

“buy-out fund” means the fund held by the Authority on the 1st September of the settlement period, being the aggregate of—amounts received by the Authority under Article 40 (those amounts relating to the renewables obligation in the relevant period);amounts held by the Authority by virtue of Articles 43(4)(b) and 44(4); andany interest earnt on those amounts;

“compliant United Kingdom supplier” means a United Kingdom supplier which, at the end of the late payment period, has discharged or is treated as if it had discharged in full every UK renewables obligation imposed on it in respect of the relevant period;

“GBRO costs” means the costs which have been or are expected to be incurred by the Great Britain authority in connection with the performance of any of its functions conferred by or under sections 32 to 32M of the Electricity Act during a period which in any order made under those articles corresponds to the settlement period;

“late payment fund” is the fund held by the Authority on the 1st November of the settlement period, being the aggregate of—amounts received by the Authority during that period under Article 41 (those amounts relating to the renewables obligation in the relevant period); andany interest earnt on those amounts;

“late payment period” means the period beginning on the 1st September and concluding on the 31st October in the settlement period;

“NIRO costs” means the costs which have been or are expected to be incurred by the Authority in connection with the performance of any of its functions conferred by or under Articles 52 to 55F of the Energy Order during the settlement period;

“non-compliant United Kingdom supplier” means a United Kingdom supplier which, at the end of the late payment period, has not discharged or is not treated as if it had discharged in full every UK renewables obligation imposed on it in respect of the relevant period;

“the relevant period” is to be construed in accordance with Article 40(1);

“relevant supplier” means an electricity supplier who was a designated electricity supplier in the relevant period and who at the end of the late payment period had discharged or is treated as if he had discharged the whole or part of his renewables obligation for the relevant period;

“renewables obligation order” is to be construed in accordance with Article 52(4) of the Energy Order;

“the settlement period” is to be construed in accordance with Article 40(1);

“total UK buy-out fund” means the fund existing on the 1st September of the settlement period, being the aggregate of——the buy-out fund held on that date;any fund provided for in a renewables obligation order made under sections 32 to 32M of the Electricity Act which corresponds to the buy-out fund held on that date;

“UK renewables obligation” means—the renewables obligation imposed by Article 5 of this Order; ora renewables obligation imposed by a renewables obligation order made under section 32 of the Electricity Act; and

“United Kingdom supplier” meansa designated electricity supplier; andany electricity supplier on which a UK renewables obligation is imposed under a renewables obligation order made under section 32 of the Electricity Act.

(2) In this Part, references to the late payment period, the relevant period and the settlement period, when used in the context of a United Kingdom supplier subject to a UK renewables obligation, are to be construed (where the United Kingdom supplier is not a designated electricity supplier) as references to the period which corresponds to the late payment, relevant or (as the case may be) settlement period in the order under which that UK renewables obligation is imposed.

(3) Any sum payable by suppliers under Articles 40(1) or 41(6) is to be rounded to the nearest penny, with any half of a penny being rounded upwards.

Payments to discharge the renewables obligation

40

(1) A designated electricity supplier may (in whole or in part) discharge his renewables obligation for an obligation period (“the relevant period”) by making a payment to the Authority before the 1st September in the following obligation period (“the settlement period”).

(2) The payment referred to in paragraph (1) is an amount equal to £X x (Y – Z) where—

(a) X is the sum which corresponds to a renewables obligation certificate by virtue of paragraph (4);

(b) Y is the number of renewables obligation certificates that the designated electricity supplier, if he makes no payment under paragraph (1), would have to produce to the Authority in order for him to discharge his renewables obligation for the relevant period in full; and

(c) Z is the number of renewables obligation certificates that he has actually produced to the Authority for that period (or, where he has not produced any at all, zero).

(3) Where a designated electricity supplier makes a payment to the Authority which is less than the amount calculated under paragraph (2), his renewables obligation for the relevant period will be discharged by that payment to the extent of the appropriate number of renewables obligation certificates, which is the quotient obtained by dividing the payment made by the sum which corresponds to a renewables obligation certificate by virtue of paragraph (4).

(4) The sum which corresponds to a renewables obligation certificate (“the buy-out price”) is—

(a) for the relevant period commencing on 1st April 2009, £37.19; ...

(b) for each subsequent obligation period up to and including the obligation period starting on 1st April 2025 , the buy-out price for the previous obligation period increased or, as the case may be, decreased by the percentage increase or decrease in the retail prices index over the 12 month period ending on the 31st December in the previous obligation period (the resulting figure being rounded to the nearest penny, with any half of a penny being rounded upwards) ; and

(c) for each obligation period thereafter, the buy-out price for the previous obligation period increased or, as the case may be, decreased by the percentage increase or decrease in the consumer prices index over the 12 month period ending with 31st December in the previous obligation period (the resulting figure being rounded to the nearest penny, with any half of a penny being rounded upwards).

Late Payments to discharge the renewables obligation

41

(1) Where a designated electricity supplier fails (in whole or in part) to discharge his renewables obligation for the relevant period before the 1st September in the settlement period, the Authority must notify him of the extent of his default as soon as is reasonably practicable on or after that date.

(2) The extent of the designated electricity supplier’s default is an amount equal to the amount calculated under Article 40(2) less any amount that the designated electricity supplier has actually paid to the Authority under Article 40.

(3) Interest is payable on that amount (or, where all or part of it is paid to the Authority before the end of the late payment period, such part of that amount as remains unpaid) during the late payment period.

(4) That interest shall be calculated on a daily basis at 5 percentage points above the base rate charged by the Bank of England on the first day of the late payment period.

(5) Any payment made by a designated electricity supplier towards discharging his default under paragraph (2) will be applied first to any interest that is payable under paragraph (3).

(6) If, by the end of the late payment period, the designated electricity supplier has paid to the Authority under this Article the amount referred to in paragraph (2) and all interest required to be paid on that amount under paragraph (3), he shall be treated as having discharged his renewables obligation for the relevant period.

(6A) If, by the end of the late payment period, the designated electricity supplier has not paid to the Authority the amount referred to in paragraph (2) and all interest required to be paid on that amount under paragraph (3), the supplier will not have discharged its renewables obligation for the relevant period.

(7) The Authority must not, during the late payment period, impose a penalty under Article 45 of the Energy Order on any supplier in respect of that supplier’s failure to discharge his renewables obligation in full before the 1st September in the settlement period.

Dealing with the buy-out fund: payments into the Consolidated Fund and to the Great Britain authority

42

(1) Subject to paragraph (2), before the 1st November in the settlement period the Authority must pay—

(a) into the Consolidated Fund the proportion of the buy-out fund which is equal to the proportion which the NIRO costs bear to the total UK buy-out fund; and

(b) to the Great Britain authority the proportion of the buy-out fund which is equal to the proportion which the GBRO costs bear to the total UK buy-out fund.

(2) Where the aggregate of the amounts to be paid by the Authority under paragraph (1) would exceed the buy-out fund, before the 1st November of the settlement period the Authority must pay the buy-out fund into the Consolidated Fund and to the Great Britain authority in the same ratio as the NIRO costs bear to the GBRO costs.

(3) Where any amount to be paid under paragraph (1) or (2) is not a whole number when expressed in terms of pounds sterling, it is to be rounded down to the nearest pound sterling.

(4) Where the buy-out fund exceeds the aggregate of the amounts to be paid by the Authority under paragraph (1), the Authority must pay the balance of the buy-out fund to United Kingdom suppliers under and in accordance with Article 44 by the 1st November in the settlement period.

Dealing with the late payment fund: payments into the Consolidated Fund and to the Great Britain authority

43

(1) Subject to paragraph (2), where the buy-out fund has been paid into the Consolidated Fund and to the Great Britain authority under Article 42(2), before the 1st January of that settlement period the Authority must pay from the late payment fund—

(a) into the Consolidated Fund an amount which is equal to the difference between the amount that was paid into the Consolidated Fund under Article 42(2) and the amount that would have been paid into it under Article 42(1) had the aggregate of the amounts to be paid by the Authority under Article 42(1) not exceeded the buy-out fund; and

(b) to the Great Britain authority an amount which is equal to the difference between the amount that was paid to it under Article 42(2) and the amount that would have been paid to it under Article 42(1) had the aggregate of the amounts to be paid by the authority under Article 42(1) not exceeded the buy-out fund.

(2) Where the aggregate of the amounts to be paid by the Authority under paragraph (1) would exceed that late payment fund, before the 1st January of the settlement period the Authority must pay the late payment fund into the Consolidated Fund and to the Great Britain authority in the same ratio as the NIRO costs bear to the GBRO costs.

(3) Where any amount to be paid under paragraph (1) or (2) is not a whole number when expressed in terms of pounds sterling, it must be rounded down to the nearest pound sterling.

(4) Where, after any payments required to be made during the settlement period under paragraph (1) or (2) have been made, the Authority—

(a) holds more than £50,000 in the late payment fund, the Authority must pay the late payment fund to United Kingdom suppliers under and in accordance with Article 44 by the 1st January in the settlement period;

(b) hold £50,000 or less in the late payment fund, the Authority must retain that money, which is to constitute part of the buy-out fund held in the obligation period immediately following the settlement period.

Dealing with the buy-out and late payment funds: payments to United Kingdom suppliers

44

(1) Each United Kingdom supplier must be paid a proportion of the amount (if any) that the Authority is required to pay to United Kingdom suppliers by virtue of Article 42(4) or 43(4)(a) by the dates in the settlement period specified in those Articles.

(2) The proportion referred to in paragraph (1) is A ÷ B where—

(a) A is the number of renewables obligation certificates presented by the United Kingdom supplier to the Authority or the Great Britain authority in order to discharge (in whole or in part) any UK renewables obligation to which it was subject in the relevant period; and

(b) B is the total number of renewables obligation certificates presented by United Kingdom suppliers to the Authority and the Great Britain authority in order to discharge (in whole or in part) any UK renewables obligation to which they were subject in that period.

(3) Where any amount to be paid under this Article is not a whole number when expressed in terms of pounds sterling, it must be rounded down to the nearest pound sterling.

(4) Where by virtue of the operation of paragraph (3) the Authority continues to hold any sum which otherwise would have been paid out under this Article that sum shall be retained by the Authority and is to constitute part of the buy-out fund held in the obligation period immediately following the settlement period.

PART 9 — Provision of information, functions of the Authority and modifications of this Order in relation to microgenerators in certain circumstances

Provisions of information to the Authority

45

(1) The Authority may, be the date (if any) specified by it, require—

(a) a designated electricity supplier to provide it with information which in its opinion is relevant to the question whether the supplier is discharging, or has discharged, his renewables obligation;

(b) a person to provide it with information which in its opinion is relevant to the question whether a NIROC is, or was or will in future be, required to be issued to the person.

(2) Without prejudice to paragraph (1), the Authority may, by the date (if any) specified by it, require any person who—

(a) is the operator of a generating station generating electricity in respect of which a NIROC has been or may be issued;

(b) supplies, distributes or transmits such electricity; or

to provide it with such information as in its opinion it requires in order to carry out any of its functions under this Order.

(3) Without prejudice to paragraphs (1) and (2), for the purposes of determining the renewable output of a generating station in a month (“the relevant month”) the operator of the station must provide the Authority with figures showing—

(a) the amount of input electricity used by the station in the relevant month, and

(b) the gross output of the station in that month,

by the end of the second month following the relevant month (and those figures may be estimated if the Authority has agreed to estimates being provided and to the way in which those estimates are to be calculated).

(4) Nothing in paragraph (3) prevents the Authority from accepting figures, or further figures, provided after the end of the second month following the relevant month if the Authority considers it appropriate to do so.

(5) Without prejudice to paragraphs (1) and (2), each designated electricity supplier must provide the Authority with—

(a) estimates of the amount of electricity he has supplied to customers in Northern Ireland during each month of an obligation period by no later than 1st June following that period;

(b) figures showing the amount of electricity he has actually supplied to customers in Northern Ireland during each month of an obligation period by no later than 1st July following that period; and

(c) an estimate of the number of renewables obligation certificates he believes he would be required to produce to the Authority in order to discharge his renewables obligation for an obligation period if he did not discharge his renewables obligation for that period (in whole or in part) by some other means by no later than 1st July following that period.

(6) When giving the information referred to in paragraph (5)(a) and (b), a designated electricity supplier must have regard to any sales figures relating to the electricity in respect of which he is giving that information which he has provided (or intends to provide) to the Department of Energy and Climate Change for publication in “Energy Trends”.

(7) Without prejudice to paragraphs (1) and (2), for the purposes of determining whether a NIROC certifying the matters within Article 54(4) or (6) of the Energy Order should be issued the person to whom any such NIROC would be issued must provide the Authority with—

(a) a figure representing the amount of electricity in respect of which NIROCs should (in that person’s opinion) be issued; and

(b) the data on which that person relied in arriving at that figure.

(8) Where a designated electricity supplier receives a payment other than under Article 42(4) or 43(4)(a) in relation to a failure by a Great Britain designated electricity supplier to discharge its renewables obligation imposed in accordance with section 32(1) of the Electricity Act, the designated electricity supplier receiving the payment shall notify the Authority, immediately after receiving the payment, of the amount he received and the reason for the payment.

(9) Information requested under or required to be provided by this Article must be given to the Authority in whatever form it requires.

(10) In this Article “input electricity” and “gross output”, in relation to a generating station, have the same meaning as they have in Articles 22 and 23 (calculating a generating station’s renewable output).

Information to be provided to the Authority where electricity is generated from biomass ...

46

(1) This Article applies to a generating station—

(a) which generates electricity (wholly or partly) from biomass (other than municipal waste, landfill gas or sewage gas); and

(b) which is not a microgenerator.

(2) In relation to each consignment of biomass (other than municipal waste, landfill gas or sewage gas) used in a generating station to which this article applies, the operator of the station must, by the 30th June immediately following the obligation period during which the biomass is used (“the relevant date”), provide the Authority with—

(a) the information specified in paragraph (3);

(b) other than in the case of biomass which was gas formed by the anaerobic digestion of material which was—

(i) animal excreta; or

(ii) waste,

the information specified in paragraph (4); and

(i) was used in a generating station with a total installed capacity of at least one megawatt; or

(ii) was animal excreta, bioliquid or waste,

the information specified in paragraph (5).

(3) The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief—

(a) the material from which the biomass was composed;

(b) where the biomass was solid and can take different forms, the form of the biomass;

(d) where the biomass was plant matter or derived from plant matter, the country where the plant matter was grown; and

(e) where the information specified in sub-paragraph (d) is not known or the biomass was not plant matter or derived from plant matter, the country from which the operator obtained the biomass.

(4) The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief—

(a) where the biomass was solid, its mass (in tonnes);

(b) where the biomass was liquid, its volume (in litres) when measured at 25 degrees Celsius and 0.1 megapascals;

(d) where the biomass was an energy crop and was not a bioliquid—

(i) the type of energy crop in question; and

(ii) the use of the land on which the biomass was grown in the year before the land was first used to grow energy crops; ...

(e) where the biomass was, or was derived from, wood and was not waste or bioliquid—

(i) the name of the forest or other location where that wood was grown;

(ii) a description of the forestry management practices or land management practices used in the forest or other location where that wood was grown;

(iii) where any of the wood was likely to be a protected or threatened species, the name of that species and the proportion of the biomass that is likely to be composed of, or derived from, that species;

(iv) the proportion of the biomass that was, or was derived from, a saw log, and the specification adopted by the operator in accordance with paragraph (6) for the purpose of determining the proportion of the biomass that was, or was derived from, a saw log; and

(v) the proportion of the biomass that was, or was derived from, hardwood and the proportion that was, or was derived from, softwood; and

(f) where the biomass was bioliquid used in a generating station on or after 1st January 2018, its energy content produced from each of the following categories of crop—

(i) starch-rich crops;

(ii) sugars;

(iii) oil crops;

(iv) any other crops grown as a main crop primarily for energy purposes on agricultural land.

(5) The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief—

(a) the greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity;

(b) where the biomass does not meet the greenhouse gas emission criteria, the main reasons why biomass meeting the greenhouse gas emission criteria was not used;

(d) where the biomass does not meet the land criteria, the main reasons why biomass meeting the land criteria was not used; and

(e) where any of the information specified in sub-paragraphs (a) and (c) is not known—

(i) the main reasons why that information is not known; and

(ii) the main reasons why biomass for which that information is known was not used.

(6) For the purposes of paragraph (4)(e)(iv), the operator of the generating station must adopt a specification which is identical to—

(a) a specification for determining whether wood is a saw log—

(i) used by the sawmill closest to where the wood was grown; or

(ii) issued by a body exercising functions of a public nature and issued for use by sawmills in the area in which the wood was grown; or

(b) the specification in the second column of Table 1 of Forestry Commission Field Book 9 (other than the parts of that specification relating to “log category” and “species” set out in the first and second rows of that table).

(7) For the purposes of paragraph (5)(a), the operator of the generating station must calculate the greenhouse gas emissions from the use of the biomass in accordance with paragraphs 3(a), 4 and 5 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass).

(8) Where, in relation to biomass used in a generating station to which this article applies, the operator of the station fails to provide the Authority with the information required by paragraph (2) by the relevant date, the Authority must, in relation to any NIROCs to which the operator would otherwise be entitled, postpone the issue of those NIROCs (up to the specified number) until such time as the information is provided.

(9) For the purposes of paragraph (8), the specified number is the number of NIROCs which the Authority has or estimates that it has or, but for this article, it would have issued in respect of the electricity generated by the biomass in relation to which the information required by paragraph (2) should have been provided.

(10) In this Article—

“Forestry Commission Field Book 9” means Forestry Commission Field Book 9, 2nd edition 1993, entitled “Classification and Presentation of Softwood Sawlogs”;

“protected or threatened species” means—a species listed in Appendices I, II or III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; ora species which is at risk of extinction; ...

“saw log” means wood which is suitable for processing at a sawmill; and

“starch-rich crops” includes—cereals (regardless of whether only the grains are used or the whole plant (such as in the case of green maize) is used);tubers and root crops (such as potatoes, Jerusalem artichokes, sweet potatoes, cassava and yams); andcorm crops (such as taro and cocoyam).

Provision of information to the Department

47

Any information provided to the Authority under Article 45(5) must be provided to the Department at the same time.

Exchange of information with the Great Britain authority

48

(1) The Authority must, as soon as reasonably practicable after the specified day following an obligation period, notify the Great Britain authority of—

(a) the details of each GBROC produced to the Authority by a designated electricity supplier in discharge of that supplier’s renewables obligation for that period and the name of the designated electricity supplier in question; and

(b) the total number of GBROCs produced to the Authority in respect of that obligation period.

(2) The Authority must, as soon as reasonably practicable after receiving a notification from the Great Britain authority as to the NIROC identifiers of NIROCs produced to the Great Britain authority by Great Britain designated electricity suppliers under GBRO Orders, inform the Great Britain authority of—

(a) the NIROC identifier of any NIROC so notified which it has revoked under Article 37 and whether it has issued a replacement NIROC in respect of any NIROC (unless that replacement NIROC has itself been revoked);

(b) the NIROC identifier of any NIROC so notified that has also been produced to the Authority by a designated electricity supplier under Article 5(2) and the date on which it was also produced.

(3) The Authority may conduct enquiries or investigations in respect of whether any electricity which is or may be the subject of a GBROC issued under any provision included in a GBRO Order by virtue of section 32B(4) and (6) of the Electricity Act has been supplied to customers in Northern Ireland and if, as a result of any such enquiry or investigation, the Authority is not satisfied that any such electricity has been so supplied it shall notify the Great Britain authority accordingly.

(4) The Authority must as soon as reasonably practicable after the specified day, following an obligation period, notify the Great Britain authority as to the number of renewables obligation certificates produced to the Authority in respect of that obligation period.

Functions of the Authority

49

(1) In addition to the functions assigned to it elsewhere in this Order, the Authority shall have the following specific functions—

(a) keeping, maintaining and making available to the public a list of generating stations granted preliminary accreditation and accreditation in accordance with Article 50, together with any applicable conditions attached to the preliminary accreditation or accreditation;

(b) keeping and maintaining a list of NIROCs which have been revoked and making such list available to the public;

(c) calculating and publishing before the start of each obligation period (with the exception of the first obligation period to which this Order relates) the sum which corresponds to a NIROC for that period by virtue of Article 40(4);

(d) publishing from time to time during an obligation period the total NIROC claim for that period;

(e) by the 1st April each year publishing a report in relation to the obligation period ending on the 31st March in the previous calendar year (“the relevant period”), such report to include details (or, in the case of paragraph (v), a summary) of—

(i) the compliance of each designated electricity supplier with his renewables obligation for the relevant period, including the extent to which that obligation was met by the production renewables obligation certificates pursuant to Article 5(2), payments made under Article 40 or the production of GBROCs pursuant to Article 13(1) or treated as met by payments made under Article 41;

(ii) the sums received by each United Kingdom supplier under Article 44 in relation to the relevant period;

(iii) the number of NIROCs issued by the Authority, the number of NIROCs accepted by it under Article 5(2), the number of GBROCs accepted by it under Article 13(1) and the number of NIROCs issued but not yet deleted from the Register in respect of the relevant period;

(iv) the number of NIROCs issued by the Authority in relation to the relevant period categorized by reference to the ways in which the electricity in respect of which the NIROCs were issued was generated;

(v) the outcome of any enquiries or investigations conducted by the Authority pursuant to sub-paragraph (f) in relation to the relevant period; and

(vi) any other matters which the Authority considers relevant in relation to the relevant period;

(f) monitoring compliance with this Order by designated electricity suppliers and operators of generating stations (including compliance by operators of generating stations with any conditions attached to their accreditation) and such monitoring may include conducting enquiries or investigations into—

(i) the amount of electricity generated from renewable sources by accredited generating stations;

(ii) the amount of such electricity supplied to customers in Northern Ireland;

(iii) the transfer and holding of NIROCs (including the transfer and holding of NIROCs issued to agents by virtue of Article 33);

(iv) the effect of such matters on the making and allocation of payments under Articles 40, 41, and 44; and

(v) the effect of the renewables obligation on the activities and operations of designated electricity suppliers and the operators of generating stations;

(g) publishing at its discretion reports of enquiries or investigations conducted by the Authority pursuant to sub-paragraph (f); and

(h) the provision of such information to the Great Britain authority as the Authority considers may be relevant to the exercise of the Great Britain authority’s functions under any GBRO Order.

(1A) The Authority must, as soon as reasonably practicable after each obligation period, forward to the Department a summary of the sustainability information submitted to it during that period.

(2) In this Article “total NIROC claim” means the total number of NIROCs which have been claimed in respect of a particular obligation period, less—

(a) the number of NIROCs which have been issued in respect of that obligation period; and

(b) the number of NIROCs which the Authority has, in respect of that obligation period, decided not to issue or refused to issue under Article 37....

Preliminary accreditation and accreditation of generating stations

50

(1) Paragraphs (2) to (10) shall apply to the granting and withdrawing of preliminary accreditation and accreditation of generating stations by the Authority, and paragraphs (3) to (5) are subject top paragraph (2).

(2) The Authority must not grant accreditation or preliminary accreditation to a generating station under this Article—

(a) if it cannot issue NIROCs in respect of electricity generated by that station by virtue of Article 17 (excluding generating stations), or

(b) if, in its opinion, the station is unlikely to generate electricity in respect of which NIROCs may be issued.

(3) Where a generating station in respect of which—

(a) consent under Article 39 of the Electricity Order has been obtained; or

(b) planning permission under the Planning (Northern Ireland) Order 1991¹⁵ has been granted,

has not yet been commissioned, the Authority may, upon the application of the person who proposes to construct or operate the generating station, grant the station preliminary accreditation.

(4) Where a generating station has been commissioned, the Authority may, upon the application of its operator (or, where NIROCs relating to electricity generated by that generating station are to be issued to an agent by virtue of Article 33, that agent), grant the station accreditation.

(5) Where a generating station has been granted preliminary accreditation (and such preliminary accreditation has not been withdrawn) and an application for its accreditation is validly made the Authority must not grant that application if it is satisfied that—

(a) there has been a material change in circumstances since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused;

(b) the information on which the decision to grant the preliminary accreditation was based was incorrect in a material particular such that, had the Authority known the true position when the application for preliminary accreditation was made, it would have refused it; or

(c) there has been a change in applicable legislation since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused;

but otherwise the Authority must grant the application.

(6) The Authority may, in granting preliminary accreditation or accreditation under this Article, attach such conditions as appear to it to be appropriate.

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