The Feed-in Tariffs Order 2012

[^key-3025f95c98a5f5eae47c87bf010d8ad2]: Words in art. 9(4)(d) substituted (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 22 para. 22 (with sch. 23)

[^key-a4e4e17abc74982161dad53d13a02ec9]: Art. 16(2B) inserted (30.1.2026) by The Feed-in Tariffs (Amendment) Order 2026 (S.I. 2026/2), arts. 1(1), 2(b)

[^key-48540fc00715621dbc7de9443387a4f4]: Words in art. 16(2) inserted (30.1.2026) by The Feed-in Tariffs (Amendment) Order 2026 (S.I. 2026/2), arts. 1(1), 2(a)

PART 5A — Treatment of FIT generators following licence revocation

Accredited FIT installations

24A

• (1) Paragraph (2) applies where—

• (a) a specified event has happened in relation to a FIT licensee (“A”);

• (b) immediately before the event a FIT generator (“P”), or P’s nominated recipient, was entitled to receive FIT payments from A in respect of an accredited FIT installation; and

• (c) another FIT licensee (“B”)—

• (i) (where B is a mandatory FIT licensee) has received a notification from P that P is to transfer to B for FIT payments in respect of an accredited FIT installation; or

• (ii) (where B is a voluntary FIT licensee) has received a request from P to transfer to B for FIT payments in respect of that installation and B has accepted that request in writing to P.

• (2) Where this paragraph applies—

• (a) the Authority may give a direction to B (“a continuity of FIT payments direction”) as to the matters to be taken into account by B in determining the date upon which P shall be deemed to have transferred from A to B in respect of the installation referred to in paragraph (1); and

• (b) the date determined by B may be earlier than the date of the notification or the request referred to in paragraph (1)(c).

• (3) For the purposes of paragraph (1), a specified event has happened in relation to A if—

• (a) A’s electricity supply licence is revoked;

• (b) a last resort supply direction is issued due to circumstances having arisen entitling the Authority to revoke A’s electricity supply licence; or

• (c) A suffers an insolvency event.

Other installations not yet accredited

24B

• (1) Paragraph (2) applies where—

• (a) a FIT licensee (“A”) has received a written request for MCS-certified registration from a FIT generator (“P”) in respect of an eligible installation accompanied by an MCS certificate in respect of that installation;

• (b) following receipt of that request, a specified event has happened in relation to A; and

• (c) another FIT licensee (“B”)—

• (i) (where B is a mandatory FIT licensee) has received a notification from P that P’s request for MCS-certified registration is to be treated as having been made to B; or

• (ii) (where B is a voluntary FIT licensee) has received a request from P that P’s request for MCS-certified registration be treated as having been made to B, and B has accepted this request in writing to P; and

• (d) the installation is subsequently accredited.

• (2) Where this paragraph applies, the eligibility date for the installation referred to in paragraph (1)(a) is the later of—

• (a) the date on which the written request for MCS-certified registration accompanied by an MCS certificate in respect of that installation was received by A; or

• (b) the date on which the installation was commissioned; or

• (c) where the date on which the written request was received by A on or after 15th January 2016, the first date of the tariff period within which the installation is accepted for accreditation by the Authority.

• (3) For the purposes of paragraph (1)(b), a specified event has happened in relation to A if an event in article 24A(3) has occurred.

Mutualisation

30A

• (1) This article applies—

• (a) if one or more licensees fail to make the whole or part of a periodic levelisation payment to the Authority within 5 working days of the date on which it is due (“the due date”); and

• (b) after 5 working days following the due date, the total of unpaid amounts (“the total”) is equal to or greater than the lower limit of the mutualisation trigger range.

• (2) In paragraph (3), “the amount to be mutualised” means the lesser of—

• (a) the total referred to in paragraph (1)(b); or

• (b) the upper limit of the mutualisation trigger range.

• (3) The Authority must—

• (a) apportion the amount to be mutualised between all licensees other than the defaulting licensee, in proportion to each licensee’s market share at the due date;

• (b) give notice to each of those licensees (a “mutualisation notice”)—

• (i) that it is liable to make a payment of the amount apportioned to it (a “mutualisation payment”);

• (ii) of the date by which the mutualisation payment is due; and

• (c) where paragraph (4) applies, make a distribution of the total amounts received by the Authority (a “mutualisation distribution”) to any licensee which—

• (i) is not a defaulting licensee; and

• (ii) to whom, because of the unpaid amounts, payment of all or part of a periodic levelisation payment to which it is entitled to under article 28 has been deferred.

• (4) Paragraph (3)(c) applies if—

• (a) the date by which the mutualisation payment is due has passed; and

• (b) the Authority has received mutualisation payments.

• (5) If after giving a mutualisation notice to a licensee, the Authority identifies that any mutualisation payment specified in that notice is incorrect, the Authority must—

• (a) cancel that mutualisation notice; and

• (b) issue a further mutualisation notice under paragraph (3).

• (6) Where a mutualisation notice is issued to a licensee in accordance with paragraph (5)(b) (“the new notice”), the Authority may treat any mutualisation payment made by that licensee in respect of the cancelled notice as a mutualisation payment made in respect of the new notice.

• (7) Where, after receiving mutualisation payments from licensees, the Authority receives an unpaid amount from a defaulting licensee, the Authority must within 20 working days distribute that amount among qualifying licensees in proportion to their market shares at the unpaid amount’s due date.

• (8) Where the Authority receives a mutualisation payment after the date on which it is due—

• (a) if the Authority has not made yet made a mutualisation distribution, then this amount shall be included in the distribution; or

• (b) if the Authority has made a mutualisation distribution, then this amount shall be distributed in accordance with article 30D(2).

• (9) In this article—

• “defaulting licensee” means a licensee which has failed to make the whole or part of a periodic levelisation payment to the Authority by the date on which it is due;

• “market share” is to be determined in accordance with article 27;

• “mutualisation trigger range” has the meaning set out in article 38;

• “qualifying licensee” is a licensee who has made a mutualisation payment under paragraph (3) in respect of the unpaid amount mentioned in paragraph (7); and

• “unpaid amount” means an amount of a periodic levelisation payment which a defaulting licensee has failed to pay by the date on which it is due.

Termination of supply licence

30B

• (1) This article applies if the electricity supply licence of a licensee (E) is terminated.

• (2) E is not to be treated as a licensee for the purposes of any periodic levelisation, annual levelisation or mutualisation which takes place after the termination of its licence.

• (3) If, before the termination of E’s licence, it has been determined upon a periodic or annual levelisation under this Part that E is liable to pay or entitled to receive an amount, to the extent that the amount is unpaid, E remains subject—

• (a) to that liability, or

• (b) to such part of the entitlement that the Authority shall determine.

• (4) If—

• (a) an annual levelisation takes place after the termination of E’s licence; and

• (b) E had received or paid periodic levelisation payments for the FIT Year to which the annual levelisation relates,

the Authority may adjust the annual levelisation payment of each remaining licensee to ensure that the total amount of levelisation payments made or due to be made by licensees for the FIT Year is equal to the total amount of levelisation payments received or due to be received by licensees for the FIT Year.

• (5) For the purposes of this article an electricity supply licence is terminated if—

• (a) it is revoked by the Authority in accordance with the terms of the licence;

• (b) it is surrendered by the licensee; or

• (c) it expires by effluxion of time.

Levelisation correction

30C

• (1) Paragraph (2) applies where the Authority identifies that any determination or calculation under article 26(1) or article 27, made before or after the coming into force of this article, is incorrect.

• (2) The Authority may, having regard to any payment made or received under the articles listed in paragraph (1), calculate any levelisation payment that each licensee is entitled to receive from, or is required to pay into, the levelisation fund in order to correct the error identified under paragraph (1).

• (3) After making a calculation under paragraph (2), the Authority must give notice to licensees in accordance with article 29.

• (4) Payments received from licensees in respect of a FIT year as a result of paragraph (2) shall be distributed in accordance with article 30D(2).

Late payments

30D

• (1) This article applies when the Authority receives a payment as a consequence of the application of—

• (a) article 30(2A)(b);

• (b) article 30A(8); or

• (c) article 30C(3).

• (2) The Authority must distribute the payment to licensees in proportion to each licensee’s market share.

• (3) For the purposes of paragraph (2), a licensee’s market share is to be calculated in accordance with article 27(4) in respect of the FIT year in which the payment was received by the Authority.

• (4) The distribution under paragraph (2) must be made on or before 1st October following the end of the FIT year in which the payment was received.

• (5) Before making a distribution under paragraph (2), the Authority must give notice to each licensee entitled to receive part of the distribution setting out—

• (a) what the distribution relates to; and

• (b) the amount the licensee is to receive.

38A

For the period commencing on 1st July 2013 until the end of the FIT year within which that date falls, the mutualisation trigger range (as defined in article 38(1)(d)) shall be £1,700,000 to £16,900,000.

Withdrawal of preliminary accreditation for certain hydro generating stations

17A

• (1) The Authority must withdraw any preliminary accreditation granted under article 9 in respect of a relevant hydro generating station if—

• (a) it is requested to do so by notice from the prospective FIT generator in respect of that relevant hydro generating station; and

• (b) it is satisfied that the application for preliminary accreditation in respect of the relevant hydro generating station was received by the Authority during the period beginning with 1st December 2012 and ending with 31st December 2012.

• (2) Where the Authority withdraws a preliminary accreditation in accordance with paragraph (1) it must give notice to the prospective FIT generator specifying the date on which the withdrawal has effect.

• (3) In this article—

• “prospective FIT generator” has the same meaning as in article 9; and

• “relevant hydro generating station” means a hydro generating station with a total installed capacity greater than 100kW but not exceeding 500kW.

2A

The data referred to in paragraph 1(b) are—

• (a) the aggregate declared net capacity of solar photovoltaic installations (other than stand-alone solar photovoltaic installations) with declared net capacity of 10 kilowatts or less which were registered on the MCS database in the solar deployment period;

• (b) the aggregate declared net capacity of solar photovoltaic installations (other than stand-alone solar photovoltaic installations) with declared net capacity greater than 10 kilowatts but not exceeding 50 kilowatts which were registered on the MCS database in the solar deployment period;

• (c) the aggregate total installed capacity of solar photovoltaic installations (other than stand-alone solar photovoltaic installations) with declared net capacity greater than 50 kilowatts—

• (i) which, in the solar deployment period, were determined by the Authority to be entitled to accreditation (excluding installations for which preliminary accreditation had previously been granted);

• (ii) which, in the solar deployment period, the Authority granted preliminary accreditation;

• (d) the aggregate of the following capacities of stand-alone solar photovoltaic installations—

• (i) those with declared net capacity not exceeding 50 kilowatts which were registered on the MCS database in the solar deployment period;

• (ii) those with declared net capacity greater than 50 kilowatts which, in the solar deployment period, were determined by the Authority to be entitled to accreditation (excluding installations for which preliminary accreditation had previously been granted); and

• (iii) those which, in the solar deployment period, the Authority granted preliminary accreditation.

The pause period

8A

• (1) Subject to paragraph (4), this article applies to an eligible installation for which the application date is within the pause period.

• (2) Where this article applies, the Authority must not accredit the eligible installation until on or after 8th February 2016.

• (3) If the eligible installation is accredited—

• (a) its eligibility date is the later of—

• (i) 8th February 2016; or

• (ii) the first day of the tariff period within which it qualifies for accreditation; and

• (b) its tariff date is the same as its eligibility date.

• (4) This article does not apply to—

• (a) an eligible installation to which article 8D (transitional installations) applies; or

• (b) an eligible installation which has been granted preliminary accreditation, and in respect of which the application for accreditation is made within the period of validity of its preliminary accreditation.

• (5) In paragraph (1)—

• “the application date” means—in relation to an application which meets the conditions in article 4(2), the date on which the application for accreditation is received by the Authority;in relation to an application which meets the conditions in article 4(3), the date on which the application for FIT payments is received by a FIT licensee; and

• “the pause period” means the period starting on 15th January 2016 and ending on 7th February 2016.

The application limit

8B

• (1) Paragraph (2) applies where, in any tariff period, the aggregate total installed capacity (measured in megawatts) of relevant installations of a particular description, in respect of which applications for accreditation or preliminary accreditation have been received, reaches the limit for such installations for that tariff period (“the application limit”) as set out in the tables in Schedule 1A to this Order.

• (2) Where this paragraph applies, the Authority must not within that tariff period—

• (a) accredit any relevant installations of that particular description for which an application for accreditation is received after the application limit is reached; or

• (b) grant preliminary accreditation for installations of that particular description for which an application under article 9 (preliminary accreditation) is received after the application limit is reached,

and where the receipt of an application in respect of a relevant installation causes the application limit to be reached, the Authority must not accredit it or grant it preliminary accreditation within that tariff period, unless the total installed capacity of that installation is such that the limit is reached exactly and not exceeded.

• (3) Subject to paragraph (3A), where by virtue of paragraph (2) an eligible installation is not granted accreditation or preliminary accreditation in a tariff period, and the Authority would have granted it accreditation or preliminary accreditation if paragraph (2) did not apply, the Authority must in the next tariff period determine whether to grant the installation accreditation or preliminary accreditation in that next tariff period.

• (3A) Where by virtue of the operation of paragraph (3) the Authority must determine whether to grant an eligible installation accreditation or preliminary accreditation in any tariff period beginning on or after 1st April 2019, the Authority must determine not to grant the installation accreditation or preliminary accreditation.

• (3B) Where the Authority receives an application for accreditation in respect of a relevant community energy installation, the Authority must determine not to accredit the installation where the application limit for an installation of that particular description for the tariff period beginning on 1st January 2019—

• (a) has been exceeded; or

• (b) is exceeded by virtue of receipt of the application for accreditation.

• (4) For the purposes of this article and article 8C—

• (a) an application for accreditation or preliminary accreditation is to be treated as being received by the Authority—

• (i) in relation to an application which meets the conditions in article 4(2), or for an application for preliminary accreditation, when the application is received by the Authority;

• (ii) in relation to any eligible installation which uses an MCS-FIT technology and for which an MCS certificate is issued, when the MCS certificate is issued, (whether or not an application for FIT payments for that installation is actually made);

• (iii) in relation to an application which the Authority is required to determine under paragraph (3), at the start of the tariff period in which it is to be determined;...

• (b) “relevant community energy installation” means an eligible installation—

• (i) which is pre-registered in accordance with article 11(2)(a);

• (ii) in respect of which the MCS certificate is issued on or after 1st April 2019; and

• (iii) in respect of which either—

• (aa) the application date is within the period of 1 year beginning with the date on which the Authority received the application for pre-registration; or

• (bb) where the date on which the Authority received the application for pre-registration was within the period beginning on 1st March 2019 and ending on 31st March 2019, the application date is within the period of 24 months beginning with the date on which the Authority received the application for pre-registration;

and despite sub-paragraph (a), for the purposes of paragraph (3B) an application for accreditation of a relevant community energy installation is to be treated as being received by the Authority during the tariff period beginning on 1st January 2019;

• (c) “relevant installation” means any eligible installation other than an installation—

• (i) which has been granted preliminary accreditation and in respect of which an application for accreditation is made within the period of validity of its preliminary accreditation;

• (ii) to which article 7B applies; or

• (iii) which is a relevant community energy installation.

The application limit: adjustments

8C

• (1) Subject to paragraph (1A), this paragraph applies where, at the end of a tariff period (“Tariff Period A”), the aggregate total installed capacity (measured in megawatts) of eligible installations of a particular description, in respect of which applications have been received by the Authority, has not reached the limit for that period as set out in the Table in Schedule 1A for such installations.

• (1A) Paragraph (1) does not apply in relation to any tariff period beginning on or after 1st April 2019.

• (2) If paragraph (1) applies, then in relation to the following tariff period (“Tariff Period B”), the application limit NLB, given by the formula below, is to be substituted for the application limit specified in the Table in Schedule 1A—

$$NLB=(ELA−MWA)+ELB$where—ELA is the application limit for Tariff Period A for eligible installations of a particular description;MWA is the aggregate total installed capacity of eligible installations of that description in respect of which the Authority received applications in Tariff Period A;ELB is the application limit which would, but for this article, apply for Tariff Period B for eligible installations of that description; andNLB is the new application limit which will apply for Tariff Period B.$

Transitional installations

8D

• (1) This article applies where—

• (a) an application has been made to the Authority before 15th January 2016 for accreditation of an eligible installation which is of a type mentioned in article 4(2)(a), whose commissioning date is on or after 15th January 2016; or

• (b) an application is made to a FIT licensee between 15th January 2016 and 31st March 2016 for FIT payments for an eligible installation which uses a MSC-FIT technology and whose MCS certificate’s issue date is before 15th January 2016, but is not—

• (i) a community energy installation which has been pre-registered in accordance with article 11(pre-registration of community energy installations); or

• (ii) a school installation which has been pre-registered in accordance with article 12 (pre-registration of school installations).

• (2) Where this article applies—

• (a) in the case of the installation referred to in paragraph (1)(a), its eligibility date will be the later of—

• (i) the date on which its application for accreditation was received by the Authority; or

• (ii) the date on which the installation is commissioned;

and its tariff date will be the same as its eligibility date; and

• (b) in the case of an installation referred to in paragraph (1)(b), its eligibility date and tariff date will be 8th February 2016.

The capped amount of qualifying renewable electricity

27A

• (1) For the purposes of article 27(6), the capped amount of qualifying renewable electricity (“CQE”) for a licensee (A) in a FIT year is—

• (a) except where sub-paragraph (b) applies, the amount of qualifying renewable electricity supplied by A to customers in Great Britain in that FIT year; or

• (b) where this sub-paragraph applies, the amount given by—

$$CQE=LQETQE×cap$where—“cap” is defined in paragraph (3);“LQE” is the licensee’s total amount of qualifying renewable electricity supplied to customers in Great Britain in that FIT year;“TQE” is the total amount of qualifying renewable electricity supplied to customers in Great Britain in that FIT year.$

• (2) Paragraph (1)(b) applies where the Authority determines that the TQE exceeds the amount of the cap for the FIT year in which that electricity was supplied.

• (3) For the purposes of this article, the cap which applies in respect of qualifying renewable electricity supplied during a FIT year is—

• (a) for FIT year 7: 8,117,254 megawatt hours;

• (b) for subsequent FIT years, the cap which applied in the previous FIT year multiplied by 1.1.

Periodic levelisation

Notice of levelisation payments

Payments by the Authority

Mutualisation

Termination of supply licence

Levelisation correction

Late payments

SCHEDULE A1 — MCS-certified installations

1

An eligible installation is an MCS-certified installation if it is certified under—

• (a) the MCS and installed in accordance with the relevant installation standard in the scheme; or

• (b) a scheme where—

• (i) installers are certified to that scheme’s standards by an organisation accredited to EN 45011(2) or EN ISO/IEC 17065:2012(3);

• (ii) the plant is installed in accordance with the installation standards applicable to the plant under that scheme on the plant’s first commissioning date and which are equivalent to a relevant installation standard; and

• (iii) that scheme is equivalent to the Microgeneration Certification Scheme.

2

In paragraph 1, “relevant installation standard” means—

• (a) if the commissioning date for the installation is on or after 15th January 2016, if the installation is—

• (i) a solar photovoltaic installation with a commissioning date on or before 11th March 2019, version 3.3 of the document entitled Microgeneration Installation Standard: MIS 3002 requirements for MCS contractors undertaking the supply, design, installation, set to work commissioning and handover of solar-photovoltaic (PV) microgeneration systems,

• (ia) a solar photovoltaic installation with a commissioning date on or after 12th March 2019, version 3.4 of the document entitled Microgeneration Installation Standard: MIS 3002 requirements for MCS contractors undertaking the supply, design, installation, set to work commissioning and handover of solar-photovoltaic (PV) microgeneration systems (published on 9th November 2018);

• (ii) a wind installation, version 3.4 of the document entitled Microgeneration Installation Standard: MIS 3003 requirements for MCS contractors undertaking the supply, design, installation, set to work commissioning and handover of micro and small wind turbine systems,

• (iii) a heat-led combined heat and power installation with a commissioning date on or before 11th March 2019, version 3.2 of the document entitled Microgeneration Installation Standard: MIS 3007 requirements for MCS contractors undertaking the design, supply, installation, set to work, commissioning and handover of a heating system containing and micro-cogeneration package; ...

• (iiia) a heat-led combined heat and power installation with a commissioning date on or after 12th March 2019, version 3.3 of the document entitled Microgeneration Installation Standard: MIS 3007 requirements for MCS contractors undertaking the design, supply, installation, set to work, commissioning and handover of a heating system containing a micro-cogeneration package or add-on units (published on 12th November 2018);

• (iv) an electricity-led combined heat and power installation with a commissioning date on or before 11th March 2019, version 2.3 of the document entitled Microgeneration Installation Standard: MIS 3007-2 requirements for MCS contractors undertaking the design, supply, installation, set to work, commissioning and handover of a domestic hot water system combining an electricity led micro-cogeneration package; or

• (iva) an electricity-led combined heat and power installation with a commissioning date on or after 12th March 2019, version 2.4 of the document entitled Microgeneration Installation Standard: MIS 3007-2 requirements for MCS contractors undertaking the design, supply, installation, set to work, commissioning and handover of a heating system containing an electricity-led micro-cogeneration package or add-on unit(s) (published on 12th November 2018); or

• (b) if the commissioning date for the installation is before the 15th January 2016, any installation requirements applicable to the installation under the MCS on the installation’s commissioning date.

3

When exercising any functions under this Order, the Authority may treat the certification of an eligible installation in accordance with this Schedule as evidence that the installation is installed in accordance with a relevant installation standard or a standard which is equivalent to a relevant installation standard.

4

In this Schedule, “MCS” means the Microgeneration Certification Scheme.

SCHEDULE1A — Limit of aggregate capacity of eligible installations

	8th February to 31st March 2016	1st April to 30th June 2016	1st July to 30th September 2016	1st October to 31st December 2016	1st January to 31st March 2017	1st April to 30th June 2017	1st July to 30th September 2017	1st October to 31st December 2017	1st January to 31st March 2018	1st April to 30th June 2018	1st July to 30th September 2018	1st October to 31st December 2018	1st January to 31st March 2019
Anaerobic digestion installations	5.8	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0
Hydro generating stations with total installed capacity of 100 kW or less	1.1	1.1	1.2	1.2	1.2	1.3	1.3	1.3	1.3	1.3	1.4	1.4	1.4
Hydro generating stations with total installed capacity greater than 100 kW	6.1	6.2	6.3	6.3	6.4	6.4	6.4	6.4	6.4	6.4	6.4	6.3	6.3
Solar photovoltaic (other than stand-alone) with total installed capacity of 10 kW or less	48.4	49.6	50.6	51.7	52.8	53.8	54.2	55.9	57.0	58.0	59.1	60.1	61.1
Solar photovoltaic (other than stand-alone) with total installed capacity greater than 10 kW but not exceeding 50 kW	16.5	17.0	17.4	17.8	18.2	18.6	18.7	19.4	19.8	20.3	20.7	21.1	21.5
Solar photovoltaic (other than stand-alone) with total installed capacity greater than 50 kW	14.1	14.5	14.9	15.4	15.8	16.2	16.4	17.1	17.6	18.0	18.5	19.0	19.4
Stand-alone solar photovoltaic	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0
Wind with total installed capacity of 50 kW or less	5.6	5.6	5.5	5.5	5.6	5.5	5.5	5.4	5.5	5.4	5.4	5.3	5.4
Wind with total installed capacity greater than 50 kW but not exceeding 100 kW	0.3	0.3	0.3	0.3	0.3	0.3	0.3	0.3	0.3	0.3	0.3	0.3	0.3
Wind with total installed capacity greater than 100 kW but not exceeding 1500 kW	6.8	6.7	6.6	6.5	6.4	6.3	6.2	6.1	6.1	5.9	5.8	5.7	5.7
Wind with total installed capacity greater than 1500 kW	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0	5.0

FIT applications data

35A

The Authority must determine and publish data in accordance with Schedule 2.

Notices to reduce, withhold or recoup generation payments for the purposes of Part 8A

35ZA

• (1) Where the Authority has good reason to believe that a FIT generator or nominated recipient may have received a generation payment to which it was not entitled by virtue of articles 38C or 38E, the Authority may give notice to the FIT licensee which made the payment to—

• (a) reduce further generation payments due to be made to the FIT generator or nominated recipient until any amount overpaid has been recovered in full;

• (b) withhold further generation payments due to be made to the FIT generator or nominated recipient until any amount overpaid has been recovered in full;

• (c) recoup, in full, any amount overpaid from the FIT generator or nominated recipient.

• (2) Where the Authority has good reason to believe that a FIT generator or nominated recipient may have received a generation payment to which it was not entitled by virtue of articles 38D(3), 38F(3), 38G(5) or 38H(3) the Authority may, if it considers it appropriate to do so in the circumstances, give notice to the FIT licensee which made the payment to—

• (a) reduce further generation payments due to be made to the FIT generator or nominated recipient until any amount overpaid has been recovered in full or in part;

• (b) withhold further generation payments due to be made to the FIT generator or nominated recipient until any amount overpaid has been recovered in full or in part;

• (c) recoup, in full or in part, any amount overpaid from the FIT generator or nominated recipient.

• (3) At the same time as the Authority gives notice to the FIT licensee under paragraph (1) or (2), the Authority must give notice to the FIT generator or nominated recipient—

• (a) stating the reasons why payments are being reduced, withheld or recouped; and

• (b) providing the FIT generator or nominated recipient with a right to make representations or objections to the Authority within a reasonable time limit specified by the Authority.

• (4) On receiving representations or objections from a FIT generator or nominated recipient, the Authority must take those representations and objections into account when determining, for the purpose of paragraph (5), whether the FIT generator or nominated recipient was entitled to receive the generation payment.

• (5) Where, having issued a notice under paragraph (1) or (2), the Authority subsequently establishes that the FIT generator or nominated recipient was entitled to receive the generation payment, the Authority must give notice to the FIT licensee that—

• (a) the amount of any generation payment which was reduced, withheld or recouped should be paid to the FIT generator or nominated recipient as soon as possible; and

• (b) where generation payments have been withheld, generation payments to the FIT generator or nominated recipient should recommence.

FIT applications data

PART 8A — Anaerobic digestion installations and entitlement to generation payments

Application

38B

This Part applies to the FIT generator or nominated recipient of an anaerobic digestion installation in respect of which accreditation was granted pursuant to—

• (a) an application for preliminary accreditation made on or after 1st May 2017; or

• (b) an application for accreditation made on or after 1st May 2017, other than an application made during the period of validity of any preliminary accreditation granted in respect of the installation,

in this Part referred to as a “relevant installation”.

Ongoing obligation to meet sustainability criteria

38C

The FIT generator or nominated recipient is not entitled to generation payments for electricity generated by the relevant installation, using biogas other than sustainable biogas.

Ongoing obligation to provide quarterly declarations relating to sustainability criteria

38D

• (1) The FIT generator or nominated recipient must, in relation to each consignment of biomass used to make the biogas used to generate electricity at the relevant installation during a quarterly reporting period, provide the Authority with a declaration that states—

• (a) whether the biogas was made from feedstock that was waste;

• (b) whether the biogas met the greenhouse gas criteria and where the criteria are met, the greenhouse gas emissions for that biogas calculated in accordance with Schedule 2A; and

• (c) whether the biogas was made from feedstock which was solid biomass which met the land criteria.

• (2) The FIT generator or nominated recipient must provide the declaration within 28 days after the quarterly reporting period to which the declaration relates.

• (3) The FIT generator or nominated recipient is not entitled to generation payments for electricity generated by the relevant installation during any period in which a declaration has not been provided in accordance with this article.

Entitlement to generation payments for electricity produced annually from biogas derived other than from waste and residue

38E

Where less than 50% of the energy content of the biogas used to generate electricity at a relevant installation during an annual reporting period is derived from waste or residue, the FIT generator or nominated recipient is entitled to generation payments calculated in accordance with the following formula—

$$Α×(1.5−Β)$where—A = the total generation payments to which the FIT generator or nominated recipient would be entitled, but for this paragraph;B = the proportion of the energy content of the biogas which is not derived from waste or residue, expressed as a decimal and rounded to 4 decimal places.$

Ongoing obligation to provide annual declarations relating to feedstock types

38F

• (1) The FIT generator or nominated recipient must submit to the Authority a declaration containing the following information for each annual reporting period—

• (a) the total amount of electricity generated during the period by the relevant installation;

• (b) details of feedstock used to make the biogas used to generate the electricity; and

• (c) the proportion of the energy content of the biogas which was not derived from waste or residue, expressed as a decimal and rounded to 4 decimal places.

• (2) The FIT generator or nominated recipient must provide the declaration within 3 months after the annual reporting period to which the declaration relates.

• (3) The FIT generator or nominated recipient is not entitled to generation payments for electricity generated by the relevant installation during any period in which a declaration has not been submitted in accordance with this article.

Ongoing obligation to provide annual audit report relating to sustainability criteria and feedstock type

38G

• (1) This article applies in respect of a relevant installation with a total installed capacity of 1 megawatt or above.

• (2) The FIT generator or nominated recipient must, in relation to an annual reporting period, submit to the Authority an audit report that—

• (a) is prepared by a person who is not the FIT generator or nominated recipient, or a person connected to either within the meaning of section 1122 of the Corporation Tax Act 2010;

• (b) is prepared in accordance with the International Standard on Assurance Engagements 3000 (Revised): Assurance engagements other than audits or reviews of historical financial information dated 9th December 2013 or an equivalent standard;

• (c) states whether anything has come to the attention of the person preparing the report to indicate that the information in the declarations provided under article 38D in respect of the annual reporting period (“the sustainability information”) is not accurate;

• (d) considers—

• (i) whether the systems used to produce the sustainability information are likely to produce information that is reasonably accurate and reliable;

• (ii) whether there are controls in place to help protect the sustainability information against material misstatements due to fraud or error;

• (iii) the frequency and methodology of any sampling carried out for the purpose of obtaining or checking the data on which the FIT generator or nominated recipient relied in preparing the sustainability information; and

• (iv) the robustness of the data on which the FIT generator or nominated recipient relied in preparing the sustainability information; and

• (e) states that the person preparing the report has reviewed the declaration provided under article 38F in respect of the annual reporting period and states whether the declaration is correct.

• (3) Paragraph (2) does not apply in respect of an annual reporting period that is reduced to less than 3 months as a result of the Authority specifying a date for the purpose of article 38I.

• (4) The FIT generator or nominated recipient must provide the audit report within 3 months after the annual reporting period to which the audit report relates.

• (5) The FIT generator or nominated recipient is not entitled to generation payments for electricity generated by the relevant installation during any period in which an audit report has not been submitted in accordance with this article.

Ongoing obligation to provide quarterly meter readings to the FIT licensee

38H

• (1) The FIT generator or nominated recipient must provide generation meter readings to its FIT licensee for electricity generated by the relevant installation during a quarterly reporting period.

• (2) The FIT generator must provide the generation meter readings within 28 days after the quarterly reporting period.

• (3) The FIT generator or nominated recipient is not entitled to generation payments for electricity generated by the relevant installation during any period that meter readings have not been submitted in accordance with this article.

• (4) When determining the amount of electricity generated by a relevant installation during a certain period (“Period A”) and the periods for which generation meter readings are available do not equate precisely with Period A, the amount of electricity generated during Period A is to be pro-rated by reference to the available meter readings.

Reporting periods

38I

• (1) In this Part—

• (a) a quarterly reporting period in respect of a relevant installation is each consecutive 3 month period; and

• (b) an annual reporting period in respect of a relevant installation is each consecutive 12 month period,

commencing on a date specified by the Authority by notice given to the FIT generator or nominated recipient, and its FIT licensee, or where the Authority has not specified a date, the eligibility date for the installation.

• (2) When specifying a date from which reporting periods commence, the Authority may specify a date that has the effect of—

• (a) reducing the preceding quarterly reporting period to a period of less than 3 months; or

• (b) reducing the preceding annual reporting period to a period of less than 12 months,

and must ensure that each reporting period begins immediately on the previous period ending.

Interpretation

38J

In this Part—

• “annual reporting period”, in respect of a relevant installation, means a period described in article 38I(1)(b);

• “energy content” means the energy contained within a 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 BS 7420:1991 (Guide for the determination of calorific values of solid, liquid and gaseous fuels (including definitions));

• “greenhouse gas criteria” means the criteria set out in Schedule 2A;

• “land criteria” has the meaning given in regulation 36A of the Renewable Heat Incentive Scheme Regulations 2011 or in the event that these regulations are revoked and replaced by regulations made in exercise of the powers conferred by sections 100 and 104(2) of the Energy Act 2008, the meaning given in those regulations;

• “quarterly reporting period”, in respect of a relevant installation, means a period described in article 38I(1)(a);

• “sustainable biogas” means—biogas which—meets the greenhouse gas criteria; andis made wholly from feedstock which is solid biomass which meets the land criteria;biogas which is made wholly from feedstock which is waste; orbiogas which consists of a combination of the biogas listed in paragraphs (a) and (b);

• “waste” has the meaning given in Article 3(1) of the Directive 2008/98/EC of the European Parliament and of the Council on waste and includes excreta produced by animals.

	1st April to 30th September 2017	1st October 2017 to 31st March 2018	1st April to 30th September 2018	1st October 2018 to 31st March 2019
Combined heat and power installation with total installed capacity of 2 kilowatts or less	5.0	5.0	5.0	5.0

SCHEDULE2A — Greenhouse gas criteria

PART1 — Greenhouse gas criteria

The greenhouse gas criteria

1

The biogas used to generate electricity at a relevant installation meets the greenhouse gas criteria if the greenhouse gas emissions from each consignment of biomass used to make the biogas are equal to, or less than, the relevant target.

Calculating the greenhouse gas emissions

2

For the purposes of paragraph 1, and subject to paragraphs 3 and 4, the greenhouse gas emissions from the use of biomass to make the biogas are to be calculated using the actual value method or the default value method.

3

The default value method must not be used to calculate greenhouse gas emissions from the use of biomass unless—

• (a) the biomass was used in a generating station with a total installed capacity of less than 1 megawatt;

• (b) the biomass is described in the first column of the table in Part 2; and

• (c) in relation to biomass, the result of the calculation in paragraph 7 of Part C of Annex 5 to the Renewables Directive is equal to, or less than, zero.

4

For the purposes of paragraph 3(c), paragraph 7 of Part C of Annex 5 to the Renewables Directive is to be read as if—

• (a) for each reference to “biofuel” there was substituted “biomass”; and

• (b) the words “or bioliquid” were omitted in each place in which those words occur.

Interpretation

5

In this Schedule—

• “actual value method” means the calculation method provided for in paragraphs 6 and 7 of Part 2 of Schedule 2 to the RO Order and all references to “the month” in paragraph 7 are to be read as references to “the quarterly reporting period”;

• “default value method” means the calculation method provided for in paragraphs 8 and 9 of Part 3 of Schedule 2 to the RO Order and the reference in paragraph 9 of that Part to “the table in Part 4” is to be read as a reference to the table in Part 2 of this Schedule;

• “relevant target” means—in relation to biogas used to generate electricity before 1st April 2020, 66.7 grams per megajoule of electricity;in relation to biogas used to generate electricity on or after 1st April 2020 and before 1st April 2025, 55.6 grams per megajoule of electricity; andin relation to biogas used to generate electricity on or after 1st April 2025, 50 grams per megajoule of electricity;

• “the 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;

• “the RO Order” means the Renewables Obligation Order 2015.

PART2 — Default greenhouse gas emissions from the production of biomass

Biomass	Default greenhouse gas emissions from the production of biomass (in grams)
Bagasse briquettes where the process to produce the briquettes was fuelled by wood	17
Bagasse bales	20
Palm kernel	27
Rice husk briquettes	28
Biogas produced from wheat, where the whole plant was used to produce the biogas	21
Wheat straw	2
Biogas produced from straw	21
Biogas produced from organic maize, where the whole plant was used to produce the biogas	19

Accreditation on or after 1st April 2019

7A

• (1) The Authority must not accredit an eligible installation in respect of which the application date is on or after 1st April 2019 as an accredited FIT installation.

• (2) Paragraph (1) does not apply to—

• (a) an eligible installation in respect of which—

• (i) preliminary accreditation is granted in accordance with article 9(2); and

• (ii) the application date is within the relevant period of validity;

• (b) an eligible installation which is pre-registered in accordance with article 11(2)(a) or article 12(2)(a), and in respect of which—

• (i) the application for pre-registration is received by the Authority on or before 31st March 2019; and

• (ii) either—

• (aa) the application date is within the period of 1 year beginning with the date on which the Authority received the application for pre-registration; or

• (bb) where the date on which the Authority received the application for pre-registration was within the period beginning on 1st March 2019 and ending on 31st March 2019, the application date is within the period of 24 months beginning with the date on which the Authority received the application for pre-registration;

• (c) an eligible installation which uses an MCS-FIT technology and which is not pre-registered in accordance with article 11(2)(a) or article 12(2)(a), and in respect of which—

• (i) an MCS certificate is issued on or before 31st March 2019; and

• (ii) the application date is on or before 31st March 2020; or

• (d) an eligible installation to which article 7B applies.

• (3) In this article—

• “application date” has the meaning given in article 8A(5);

• “relevant period of validity” means the period of validity of an eligible installation’s preliminary accreditation, as set out in article 9(8) or (8A).

Certain delays in grid or radar works

7B

• (1) This article applies to an eligible installation in relation to which the conditions in paragraph (2) are met.

• (2) The conditions are that—

• (a) preliminary accreditation is granted in respect of the eligible installation in accordance with article 9(2);

• (b) the last day of the relevant period of validity is on or after 31st March 2019;

• (c) the eligible installation is commissioned; and

• (d) an application for accreditation of the eligible installation, and the documents specified in paragraph (3) or (4), are received by the Authority within the period of 1 year beginning on the day after the last day of the relevant period of validity.

• (3) The documents specified in this paragraph are—

• (a) evidence of a grid connection agreement with a relevant network operator for the making of a grid connection in respect of the eligible installation (“the relevant grid works”);

• (b) a copy of a document written by, or on behalf of, the relevant network operator which estimated or set a date for completion of the relevant grid works (“the planned grid works completion date”) no later than the last day of the relevant period of validity;

• (c) a letter or email written by, or on behalf of, the relevant network operator confirming (whether or not such confirmation is subject to any conditions or other terms) that—

• (i) the relevant grid works were completed after the planned grid works completion date; and

• (ii) in the relevant network operator’s opinion, the failure to complete the relevant grid works on or before the planned grid works completion date was not due to any breach by the installation developer of any agreement with the relevant network operator; and

• (d) a declaration by the FIT generator that, to the best of the FIT generator’s knowledge and belief, the eligible installation would have been commissioned on or before the last day of the relevant period of validity if the relevant grid works had been completed on or before the planned grid works completion date.

• (4) The documents specified in this paragraph are—

• (a) evidence of an agreement between the installation developer and a person who is not the installation developer (“the radar works agreement”) for radar works (“the relevant radar works”);

• (b) a copy of a document written by, or on behalf of, a party to the radar works agreement (other than the installation developer) which estimated or set a date for completion of the relevant radar works (“the planned radar works completion date”) which was no later than the last day of the relevant period of validity;

• (c) a letter or email written by, or on behalf of, a party to the radar works agreement (other than the installation developer) confirming (whether or not such confirmation is subject to any conditions or other terms) that—

• (i) the relevant radar works were completed after the planned radar works completion date; and

• (ii) in that party’s opinion, the failure to complete the relevant radar works on or before the planned radar works completion date was not due to any breach by the installation developer of the radar works agreement; and

• (d) a declaration by the FIT generator that, to the best of the FIT generator’s knowledge and belief, the eligible installation would have been commissioned on or before the last day of the relevant period of validity if the relevant radar works had been completed on or before the planned radar works completion date.

• (5) In this article—

• “grid connection agreement” means an agreement in writing with a relevant network operator for the making of a grid connection;

• “installation developer” means the FIT generator or the person who arranged for construction of the eligible installation;

• “radar works” means—the construction of a radar station;the installation of radar equipment;the carrying out of modifications to a radar station or to radar equipment; orthe testing of a radar station or radar equipment;

• “relevant network operator” means the holder of a licence under section 6(1)(b) or 6(1)(c) of the 1989 Act;

• “relevant period of validity” has the meaning given to it in article 7A(3).

Limit on numbers of eligible installations using combined heat and power

The pause period

The application limit

The application limit: adjustments

Transitional installations