The Renewables Obligation Order 2006

• (4) Where a station has been granted preliminary accreditation (and such preliminary accreditation has not been withdrawn) and an application for its accreditation is validly made under paragraph (3), the Authority shall not grant that application if—

• (a) in the Authority’s view there has been a material change in circumstances since the preliminary accreditation was granted;

• (b) the Authority has reason to believe that the information on which the decision to grant the preliminary accreditation was based was incorrect in a material particular; 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 under the amended legislation, it would not in the Authority’s view have been granted;

but otherwise shall grant the application.

• (5) The Authority may, in granting preliminary accreditation or accreditation, attach such conditions as appear to it to be appropriate.

• (6) Where any of the circumstances mentioned in paragraph (7) apply, the Authority may—

• (a) withdraw the preliminary accreditation or accreditation from any generating station;

• (b) amend conditions attached to the preliminary accreditation or accreditation under paragraph (5);

• (c) attach conditions to the preliminary accreditation or accreditation.

• (7) The circumstances referred to in paragraph (6) are as follows—

• (a) in the Authority’s view there has been a material change in circumstances since the preliminary accreditation or accreditation was granted;

• (b) any condition subject to which preliminary accreditation or accreditation was granted has not been complied with;

• (c) the Authority has reason to believe that the information on which the decision to grant the preliminary accreditation or accreditation was based was incorrect in a material particular;

• (d) there has been a change in applicable legislation since the preliminary accreditation or accreditation was granted such that, had the application for preliminary accreditation or accreditation been made under the amended legislation, it would not in the Authority’s view have been granted.

• (8) The Authority shall notify the applicant in writing of—

• (a) its decision on an application for preliminary accreditation or accreditation of a generating station;

• (b) any conditions attached to the preliminary accreditation or accreditation; and

• (c) any withdrawal of preliminary accreditation or accreditation.

• (9) In providing written notification under paragraph (8), the Authority shall specify the date on which the grant or withdrawal of preliminary accreditation or accreditation is to take effect and, where applicable, the date on which any conditions attached to the preliminary accreditation or accreditation are to take effect.

• (10) In paragraph (2), the reference to the person who proposes to construct the generating station shall include a person who arranges for the construction of the generating station.

PART 9 — Revocation, Transitional and Savings

Revocation, transitional and savings

32

• (1) Subject to paragraphs (2) to (15), the 2005 Order is hereby revoked.

• (2) The 2005 Order shall continue to apply in respect of the renewables obligation of each designated electricity supplier to produce to the Authority evidence in accordance with the terms of article 3 of the 2005 Order, before the specified day of 1st October 2006; and for the purposes of this article, the first line in the column headed “Obligation period”, and the first percentage specified in the column headed “Percentage of total supplies” in Schedule 1 to the 2005 Order shall continue to apply.

• (3) The 2005 Order shall continue to apply in respect of the obligations of each designated electricity supplier in terms of article 6(5) of the 2005 Order to furnish information to the Department of Trade and Industry by no later than the 20th June 2006.

• (4) The 2005 Order shall continue to apply in respect of the obligations of each designated electricity supplier in terms of article 6(6) of the 2005 Order to inform the Authority before the 7th August 2006 of the amount in megawatt hours of its renewables obligation in respect of the obligation period which ended before the 7th August 2006 and the amount of all electricity supplied by that designated electricity supplier to customers in England and Wales during that obligation period.

• (5) The 2005 Order shall continue to apply in respect of the ability of a designated electricity supplier to discharge its renewables obligation in relation to the obligation period ending on 31st March 2006 by making a payment to the Authority before the specified day of 1st October 2006, in accordance with the terms of article 7 of the 2005 Order.

• (6) The 2005 Order shall continue to apply in respect of the obligations of the Authority to pay out the buy-out fund, by 1st December 2006, in accordance with the terms of article 15 of the 2005 Order.

• (7) The 2005 Order shall continue to apply in respect of the ability of a designated electricity supplier to discharge its renewables obligation in relation to the obligation period ending on 31st March 2006 by producing to the Authority eligible NIROCs before the specified day of 1st October 2006, in accordance with the terms of article 8 of the 2005 Order.

• (8) The 2005 Order shall continue to apply in respect of the ability of a designated electricity supplier to discharge its renewables obligation in relation to the obligation period ending on 31st March 2006 by producing to the Authority certificates issued by the Authority certifying the matters in section 32B(2A) of the Act before the specified day of 1st October 2006, in accordance with the terms of article 9 of the 2005 Order.

• (9) The 2005 Order shall continue to apply in respect of the ability of a designated electricity supplier to be treated as having discharged its renewables obligation in relation to the obligation period ending on 31st March 2006 by making a late payment to the Authority before the end of the late payment period in question, in accordance with the terms of article 17 of the 2005 Order.

• (10) The 2005 Order shall continue to apply in respect of the obligations of the Authority to notify any designated electricity supplier that has not discharged its renewables obligation in full by the specified day relating to the obligation period ending on 31st March 2006, and to what extent, in accordance with the terms of article 17 of the 2005 Order.

• (11) The 2005 Order shall continue to apply in respect of the obligations of the Authority to pay out the late payment fund, by 1st February 2007 in accordance with the terms of article 17 of the 2005 Order.

• (12) The 2005 Order shall continue to apply in respect of the obligations of the Authority to notify to the Northern Ireland Authority the information detailed in article 16 of the 2005 Order, in accordance with the terms of that article of the 2005 Order.

• (13) The 2005 Order shall continue to apply in respect of all the obligations of the Authority and designated electricity suppliers referred to in article 18 of the 2005 Order in accordance with the terms of that article and insofar as those obligations relate to a relevant shortfall occurring in the obligation period ending on 31st March 2006.

• (14) For the purposes of paragraph (13), the first line in the column headed “Obligation period”, and the first amount specified in the column headed “Amount” in Schedule 4 to the 2005 Order shall continue to apply.

• (15) The 2005 Order shall continue to apply in respect of all the functions of the Authority referred to in article 19 of the 2005 Order insofar as they relate to the obligation period ending on 31st March 2006.

SCHEDULE 1 — AMOUNT OF THE RENEWABLES OBLIGATION

Obligation period	Percentage of total supplies
1st April 2006 to 31st March 2007	6.7
1st April 2007 to 31st March 2008	7.9
1st April 2008 to 31st March 2009	9.1
1st April 2009 to 31st March 2010	9.7
1st April 2010 to 31st March 2011	10.4
1st April 2011 to 31st March 2012	11.4
1st April 2012 to 31st March 2013	12.4
1st April 2013 to 31st March 2014	13.4
1st April 2014 to 31st March 2015	14.4
1st April 2015 to 31st March 2016	15.4
Each subsequent period of twelve months ending with the period of twelve months ending on 31st March 2027	15.4

SCHEDULE 2 — THE REGISTER

1

The Authority shall maintain the Register (which may be in electronic form) at any of its premises.

2

Particulars of a ROC comprise—

• (a) the name of the person to whom the Authority issues the ROC or, where the Authority has amended the Register in dealing with a request for substitution in accordance with paragraph 6, the name of the substitute (“the registered holder”); and

• (b) an identifier unique to the ROC (“the ROC identifier”) determined by the Authority and containing the following information (or reference to that information in coded format)—

• (i) the month and year during which the electricity was generated;

• (ii) the location of the generating station;

• (iii) a description of the generating station including reference to the eligible renewable source or sources used to generate electricity by that generating station;

• (iv) the date of issue of the ROC; and

• (v) the ROC sequence number determined by the Authority in accordance with article 18(1)(a) or 20(5).

3

A person may only be the registered holder of a ROC or have an entry made and maintained in respect of them under article 19(4)(b) if they provide to the Authority in writing—

• (a) evidence of their identity; and

• (b) details of persons authorised to act on their behalf in respect of the production of ROCs as the evidence or part of the evidence required under article 3(1) and in respect of requests for amendments to be made to the Register as provided for in this Schedule.

4

The Authority may from time to time draw up procedural guidelines for itself and others to assist it in maintaining the Register and carrying out its functions in respect thereof.

5

The Authority shall delete from the Register any ROC which—

• (a) has been revoked in accordance with article 20;

• (b) has in accordance with article 3(3) or article 13 been produced as evidence or as part of the evidence required under article 3(1);

• (c) is no longer eligible to be produced as evidence or as part of the evidence required under article 3(1);

• (d) the registered holder requests should be deleted; or

• (e) the Northern Ireland Authority has notified the Authority has been produced to the Northern Ireland Authority by a Northern Ireland supplier under a NIRO Order;

and where it is so deleted, the ROC cannot thereafter be produced as the evidence or part of the evidence required under article 3(1).

6

Where the registered holder of a ROC and a person whom he wishes to be the substitute (as defined in this paragraph) require in respect of a particular ROC that the Register be amended, by substituting for the name of the registered holder the name of a second person (“the substitute”), (who shall be a person whose name is included on the list maintained pursuant to article 19(4)(b))—

• (a) the registered holder and the person whom he wishes to be the substitute shall each submit to the Authority in writing requests which are identical in all material respects and which include the ROC identifier of the ROC to which the request relates; and

• (b) the Authority shall—

• (i) in any August, within 10 banking days; and

• (ii) in all other instances, within 5 banking days,

after the banking day on which it is first in receipt at the commencement of its working hours of requests which comply with sub-paragraph (a), amend the particulars of the ROC recorded in the Register to show the substitute as the registered holder.

7

Where the Authority receives in writing a request for substitution it shall inform both the registered holder of the ROC and the substitute named therein that the request has been received and, in the event that the requests from the registered holder of the ROC and the person whom he wishes to be the substitute are not identical in all material respects or do not include the ROC identifier of the ROC, shall draw this to their attention.

8

Where a ROC is issued in accordance with article 15 or a replacement ROC is issued in accordance with article 20 or a substitute is recorded as the registered holder pursuant to paragraph 6, the Authority shall notify the registered holder (in the case of a ROC or a replacement ROC being issued) and the former and new registered holder (in the case of a substitution) in writing within 5 banking days of the issue or substitution having taken place.

9

The substitute shall not be the registered holder of the ROC until such time as the particulars of the ROC recorded in the Register identify him as such.

10

The Register may be amended by a decision of the Authority—

• (a) where the Authority is satisfied that an entry in the Register has been obtained by fraud;

• (b) where a decision of a Court of competent jurisdiction or the operation of law requires the amendment of the Register;

• (c) in any other case where by reason of any error or omission on the part of the Authority it is necessary to amend the Register.

11

The contents of the Register (including the entries referred to in article 19(4)(b)) shall be available for inspection by the public on request at reasonable notice during the Authority’s working hours and at the request of any person the Authority shall provide a written statement of any entry on the Register including any entry referred to in article 19(4)(b).

12

Where any person considers that an entry maintained in respect of him under article 19(4)(b) should be amended or deleted, he may apply to the Authority in writing requesting that the entry be amended or deleted.

13

The Authority shall in any procedural guidelines which it produces provide details of its usual working hours.

SCHEDULE 3 — CONDITIONS OF ELIGIBILITY FOR NIROCs

1

The electricity to which the NIROC relates was generated from renewable sources.

2

The electricity was generated in Northern Ireland (which for the purposes of this paragraph shall not include any part of the territorial sea of the United Kingdom).

3

The electricity to which the NIROC relates was not generated by a generating station that is a large hydro generating station unless it was first commissioned after 1st April 2002.

4

Subject to paragraphs 5 and 6, the electricity to which the NIROC relates was not generated by a generating station (other than a micro hydro generating station) that was first commissioned before 1st January 1990 and where the main components of that generating station have not been renewed since 31st December 1989 as described in paragraph 23.

5

Paragraph 4 shall not apply in relation to a NIROC issued in respect of electricity generated by a generating station that during the month to which the NIROC relates was fuelled partly by fossil fuel and partly by biomass (and by no other fuel).

6

Paragraph 4 shall not apply in relation to a NIROC issued in respect of electricity generated by a generating station that during the month to which the NIROC relates was fuelled wholly by biomass, if—

• (a) prior to 1st April 2003 at least 75 per cent of the energy content of the fuel by which it was fuelled was derived from fossil fuel; and

• (b) during no month (being a month after March 2004) after the first month during which the generating station was fuelled wholly by biomass has the energy content of the fuel by which it was fuelled been derived as to more than 75 per cent from fossil fuel.

7

The electricity to which the NIROC relates was not generated by a generating station that in the month to which the NIROC relates is fuelled wholly or partly by waste unless—

• (a) the only waste or wastes by which it is fuelled in that month is or are biomass or liquids comprised wholly or mainly of hydrocarbon compounds;

• (b) all the waste by which it is fuelled in that month which is not biomass has first been manufactured into fuel which is in either a gaseous or liquid form (or both) by means of plant and equipment using advanced conversion technologies only; or

• (c) the generating station is a qualifying combined heat and power generating station.

8

The electricity to which the NIROC relates was not generated by a generating station that in the month to which the NIROC relates was fuelled partly by fossil fuel and partly by any other fuel (or fuels) other than biomass.

9

After 31st March 2009, the electricity to which the NIROC relates was not generated by a generating station that during the month to which the NIROC relates was fuelled partly by fossil fuel and partly by biomass (and by no other fuel) if during that month, less than the specified percentage of the energy content of the biomass derives from energy crops.

10

In paragraph 9, “the specified percentage” means—

• (a) in respect of any month from 1st April 2009 until 31st March 2010, 25 per cent;

• (b) in respect of any month from 1st April 2010 until 31st March 2011, 50 per cent; and

• (c) in respect of any month from 1st April 2011 until 31st March 2016, 75 per cent.

11

After 31st March 2016, the electricity to which the NIROC relates was not generated by a generating station that during the month to which the NIROC relates was fuelled partly by fossil fuel and partly by biomass (and by no other fuel).

12

The electricity to which the NIROC relates was not generated by a generating station that during the month to which the NIROC relates was fuelled wholly or partly by peat.

13

The electricity to which the NIROC relates was not generated by a generating station that during the month to which the NIROC relates was fuelled wholly or partly by any substance derived directly or indirectly from any of the substances referred to in article 8(1)(a)(i) unless that substance is a substance falling within article 8(1)(a)(ii) or it is waste or a component of biomass.

14

The electricity to which the NIROC relates was not generated by a generating station that during the month to which the NIROC relates was fuelled wholly or partly by waste where all the waste which is neither biomass nor liquids comprised wholly or mainly of hydrocarbon compounds is or is derived directly or indirectly from one or more of the substances referred to in article 8(1)(a)(i).

15

Paragraph 16 applies where—

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

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

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

16

If this paragraph applies, then it is a condition of eligibility that the electricity to which the NIROC relates was not generated by a generating station—

• (a) which is situated at the location; and

• (b) to which the applicable qualifying arrangement applied at the time it was commissioned, or which is owned or operated by a person who was a party to the applicable qualifying arrangement (or who is a connected person or a linked person in relation to any such party).

17

Paragraph 18 applies where an extant qualifying arrangement (“the applicable qualifying arrangement”) provides for the building of a generating station (“the specified station”) at a specified location (“the location”) and the specified station has not been commissioned.

18

If this paragraph applies, then it is a condition of eligibility that the electricity to which the NIROC relates was not generated by a generating station—

• (a) which is situated at the location; and

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

19

Paragraphs 16 and 18 shall not apply to a NIROC relating to electricity generated by a generating station which, during the month in question, generates only electricity which is sold pursuant to another extant qualifying arrangement.

20

In paragraphs 16 and 18, in relation to a person who is a party to the applicable qualifying arrangement (“the first person”), another person (“the second person”) is a “linked person” where the second person has given or has arranged to give or has ensured or has arranged to ensure that the first person is given, a financial or other inducement relating to any right or interest in, or in respect of, the construction or operation of a generating station at the location.

21

The references in paragraph 20 to the first person and the second person shall include any person who is a connected person in relation to either of them.

22

For the purposes of paragraphs 15 to 21, a generating station shall be regarded as being situated at a location provided for by an extant qualifying arrangement whether it is situated wholly or partly at that location.

23

For the purposes of paragraph 4, the main components of a generating station shall only be regarded as having been renewed since 31st December 1989 where—

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

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

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

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

24

The following terms shall have the meanings given below where they appear in this Schedule:

• (a) “fossil fuel” has the meaning given by article 8(1)(a);

• (b) “Non-Fossil Fuel Orders” has the meaning that it has in the NIRO Order under which the NIROC was issued;

• (c) “qualifying arrangement” has the meaning that it has in the NIRO Order under which the NIROC was issued;

• (d) “waste” has the meaning given by article 8(1).

25

Paragraph 26 applies, where in respect of any generating station, the operator—

• (a) has given notice under a NIRO Order which, had that notice been given in respect of a station to which article 21 applies, would have constituted notice under article 21(2); and

• (b) has not done anything that, had it been done in respect of a station to which article 21 applies, would have constituted withdrawal of that notice under article 21(5).

26

In the case of a generating referred to in paragraph 25, the reference to “month” in each place where it occurs in this Schedule shall be taken to be a reference to “obligation period” where “obligation period” has the meaning that it has in the NIRO Order under which the NIROC in question was issued.

SCHEDULE 4 — AMOUNT OF RELEVANT SHORTFALL FOR EACH OBLIGATION PERIOD

Obligation period	Amount
1st April 2006 to 31st March 2007	£6,700,000
1st April 2007 to 31st March 2008	£7,900,000
1st April 2008 to 31st March 2009	£9,100,000
1st April 2009 to 31st March 2010	£9,700,000
1st April 2010 to 31st March 2011	£10,400,000
1st April 2011 to 31st March 2012	£11,400,000
1st April 2012 to 31st March 2013	£12,400,000
1st April 2013 to 31st March 2014	£13,400,000
1st April 2014 to 31st March 2015	£14,400,000
1st April 2015 to 31st March 2016	£15,400,000
Each subsequent period of twelve months ending with the period of twelve months ending on 31st March 2027	£15,400,000

Signed

Malcolm Wicks — Minister for Energy — Department of Trade and Industry — 30th March 2006

Explanatory note

(This note is not part of the Order)

This Order is made under section 32 of the Electricity Act 1989 and imposes an obligation (“the renewables obligation”) on all electricity suppliers, which are licensed under that Act and which supply electricity in England and Wales, to supply to customers in Great Britain specified amounts of electricity generated by using renewable sources. As alternatives, in respect of all or part of an electricity supplier’s renewables obligation, an electricity supplier is permitted to provide evidence that other licensed electricity suppliers have supplied electricity generated using renewable sources instead of it or to make a payment to the Gas and Electricity Markets Authority (“the Authority”). Renewable sources include sources of energy such as wind, water, solar and biomass.

The Order revokes and replaces, with amendments, the Renewables Obligation Order 2005 (“the 2005 Order”). The structure of the Order is different from the structure of the 2005 Order and some of the longer and more complex provisions of the 2005 Order have been split out into several separate articles in this Order.

In content the provisions of this Order are similar to those of the 2005 Order; however new provisions have been added relating to the calculation of eligibility for renewable obligation certificates issued under this Order (“ROCs”) of electricity generated by combined heat and power generating stations which are fuelled wholly or partly by waste (see articles 7(1)(c) and 9(6)).

The new provisions of the Order also modify the existing provisions relating to the procedure to be followed by the Authority in issuing ROCs, with the aim of introducing additional flexibility in that procedure (see article 18(3) to (6)). This is achieved by allowing the Authority discretion in deciding whether to accept revisions to the figures used in calculating the number of ROCs which the station is entitled to, where such revisions are made after the deadline set in the Order.

Provisions have also been inserted into the Order detailing a preliminary accreditation procedure (see article 31). An application for preliminary accreditation is made to the Authority by a person proposing to operate or construct a generating station before the station has been commissioned. The Authority may grant preliminary accreditation if the proposed generating station would be capable of generating electricity from eligible renewable sources (as defined in article 5 of the Order). The Order sets out the circumstances in which the Authority may refuse to grant accreditation once preliminary accreditation has been granted.

Article 2 contains the interpretation provisions for the Order.

Article 3 imposes the renewables obligation on electricity suppliers. The renewables obligation requires the electricity supplier to produce evidence of the supply of electricity generated from renewable sources to the Authority. The evidence required is certificates issued by the Authority. Those certificates issued under this Order are referred to as “ROCs”. Alternatively certificates issued under the corresponding order made by the Scottish Ministers, in exercise of the executively devolved functions under section 32 of the Electricity Act 1989, may be produced as evidence of compliance with a supplier’s renewables obligation.

Article 4 and Schedule 1 provide for how the amount of an electricity supplier’s renewables obligation is to be determined.

Articles 5, to 9 and 14 determine what types of electricity generated from renewable sources are eligible to satisfy an electricity supplier’s renewables obligation.

Article 10 relates to arrangements whereby electricity generated by a generating station is sold to an electricity supplier and then purchased back by the operator of the generating station.

Article 11 provides that, instead of producing certificates to the Authority, an electricity supplier may discharge (in whole or part) its renewables obligation by making a payment to the Authority.

Article 12 provides for suppliers to discharge their renewables obligation by tendering eligible certificates, issued under the Northern Ireland Renewables Obligation orders (“NIROCs”) to the Authority. Schedule 3 sets out the conditions governing NIROC eligibility.

Article 13 provides for an electricity supplier to discharge its renewables obligation by producing to the Authority certificates certifying the matters in section 32B(2A) of the Act rather than section 32B(2).

Articles 15 to 19 and Schedule 2 provide for the issue of ROCs by the Authority and the maintenance by it of a register of ROCs.

Article 20 provides for the revocation of ROCs in specified circumstances.

Article 21 contains special arrangements enabling generating stations with a declared net capacity of 50 kilowatts or less to be able to claim ROCs on an annual rather than monthly basis.

Article 22 provides how payments made to the Authority by electricity suppliers under article 11 are to be divided amongst those electricity suppliers subject to the renewables obligation.

Article 23 provides for an electricity supplier to be treated as having discharged its renewables obligation by making a late payment in accordance with that article. The late payment must be made during a specified period and is subject to a surcharge which rises on a daily basis. If a supplier only makes a partial late payment the remaining part of its renewables obligation not covered by the partial late payment, remains outstanding and the supplier is still in default of its renewables obligation.

Articles 24 to 27 provide for mutualisation and set out the details of how the process will work; such as how a shortfall in the buy-out fund will be calculated and which shortfalls are recoverable via mutualisation. Specifically, where the shortfall is less than the sum set out in Schedule 4 for that obligation period, mutualisation is not triggered; when the shortfall is equal to or greater than the sum set out in Schedule 4 and does not exceed £200,000,000, the whole shortfall is recovered via mutualisation; and when the shortfall is over £200,000,000, only the first £200,000,000 of the shortfall is recovered.

The payments required by electricity suppliers in accordance with the mutualisation provisions are made in quarterly instalments. For example, for a shortfall in the obligation period 2006/2007 the instalments are required before the following dates: 1st September 2008, 1st December 2008, 1st March 2009 and 1st June 2009.

Article 28 provides for the Authority to obtain information to enable it to carry out its functions under the Order.

Article 29 provides for the exchange of information between the Authority and the Northern Ireland Authority relating to NIROCs produced to the Authority under article 9 and ROCs produced to the Northern Ireland Authority under Northern Ireland Renewables Obligation orders.

Article 30 makes provision relating to the functions of the Authority under the Order.

Article 31 provides for the preliminary accreditation and accreditation of generating stations. In order to be eligible to claim ROCs in respect of electricity generated from eligible renewable sources, a generating station must have obtained accreditation from the Authority.

Article 32 revokes the 2005 Order, and also provides for savings provisions in respect of the obligations of each electricity supplier to produce evidence and other information in respect of the renewables obligation, or to make payments to the Authority, and to furnish information to the DTI, in respect of periods prior to the coming into force of this Order.

A regulatory impact assessment is available and can be obtained from the Energy Resources and Development Unit, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET. Copies have been placed in the libraries of both Houses of Parliament.

This Order re-enacts provisions of the 2005 Order which gave effect to article 3.1 of the European Directive on the promotion of electricity produced from renewable energy sources in the internal market (Directive 2001/77/EC) [O.J. No. L283/33 27.10.2001]. A transposition note setting out how the main elements of this Directive would be transposed into United Kingdom law is available from the Energy Resources and Development Unit at the Department of Trade and Industry at the above address. Copies have been placed in the libraries of both Houses of Parliament.

Footnotes

[^f00001]: 1989 c. 29. Sections 62 to 65 of the Utilities Act 2000 (c. 27) substituted new sections 32, 32A, 32B and 32C of the Electricity Act 1989. Those provisions of the Electricity Act 1989 have subsequently been amended by sections 115, 116, 118 and 119 of the Energy Act 2004 (c. 20). Section 32BA of the Electricity Act 1989 was inserted by section 117 of the Energy Act 2004.

[^f00002]: S.I. 2005/926.

[^f00003]: Available at http://www.chpqa.com.

[^f00004]: 1988 c. 1. Section 839 was amended by the Finance Act 1995 (c. 4), section 74 and Schedule 17, paragraph 20, the Income Tax (Trading and Other Income) Act 2005 (c. 5), section 882(1) and Schedule 1, Part 1, paragraphs 1 and 341 and S.I. 1997/1154, regulation 15.

[^f00005]: S.I. 2000/2727, as amended by S.I. 2001/3268.

[^f00006]: S.S.I. 2005/549.

[^f00007]: S.I. 1994/3259, as amended by S.I. 1995/68.

[^f00008]: S.I. 1994/3275 (S.190).

[^f00009]: S.I. 1997/248.

[^f00010]: S.I. 1997/799 (S.76).

[^f00011]: S.I. 1998/2353.

[^f00012]: S.I. 1999/439 (S.24).

[^f00013]: S.I. 1992/231 (N.I. 1); article 35 is prospectively repealed by S.I. 2003/419 (N.I. 6), but the relevant provision has not yet been commenced.

[^f00014]: S.I. 2003/419 (N.I. 6).

[^f00015]: Section 4(4) was amended by section 28 of the Utilities Act 2000 and section 135 of the Energy Act 2004 (c. 20).

[^f00016]: 1990 c. 43.

[^f00017]: 1995 c. 25. At the time of the making of this Order paragraph 88 of Schedule 22 to the Environment Act 1995 has only been brought into force in relation to Scotland, but it is to be treated as if it had been brought into force for all purposes in this article.

[^f00018]: 1964 c. 29. Section 1(7) of the Continental Shelf Act 1964 was amended by the Oil and Gas (Enterprise) Act 1982 (c. 23), section 37 and Schedule 3, paragraph 1.

[^f00020]: 1976 c. 76.

[^f00021]: Section 27A(1) was inserted by section 59 of the Utilities Act 2000 (c. 27).

[^f00022]: See definition of “eligible NIROC”.

Editorial notes

[^key-8964bc2c6385bca2b1db4147e4ad355e]: Art. 1 in force at 1.4.2006, see art. 1(1)

[^key-0ad7d45090d149b933fe8a86c6b1c137]: Art. 2 in force at 1.4.2006, see art. 1(1)

[^key-a3efd7e38422f4bc4b6647b950c72d57]: Art. 3 in force at 1.4.2006, see art. 1(1)

[^key-82d94ffc2e7cc73df96e8953ed919615]: Art. 4 in force at 1.4.2006, see art. 1(1)

[^key-87c5485d9cbc0a3a2e6a619f5e29bb0e]: Art. 5 in force at 1.4.2006, see art. 1(1)

[^key-a285c82122103cdff31a03a9f3a91af0]: Art. 6 in force at 1.4.2006, see art. 1(1)

[^key-496c0306996d28b4bd6117a1b3f9d53a]: Art. 7 in force at 1.4.2006, see art. 1(1)

[^key-06b5c6d17a2c26357d564b36e3fa643f]: Art. 8 in force at 1.4.2006, see art. 1(1)

[^key-276687ec1d1e37d047a19246ba3cc877]: Art. 9 in force at 1.4.2006, see art. 1(1)

[^key-efc242bfeeca67efb5b8706a66154c43]: Art. 10 in force at 1.4.2006, see art. 1(1)

[^key-dbf0385c1c6453600d37322b2c6e1d2f]: Art. 11 in force at 1.4.2006, see art. 1(1)

[^key-ed572232edc4c835399af63e74916d78]: Art. 12 in force at 1.4.2006, see art. 1(1)

[^key-7b434a9b4185c4151aa378bf50d38c61]: Art. 13 in force at 1.4.2006, see art. 1(1)

[^key-b8c1574402225620d1ae6c4355eda3c0]: Art. 14 in force at 1.4.2006, see art. 1(1)

[^key-965f6ef8b464e9baf40be8d4e6729f23]: Art. 15 in force at 1.4.2006, see art. 1(1)

[^key-d387194f463969f0e28e3651adbcd29a]: Art. 16 in force at 1.4.2006, see art. 1(1)

[^key-81d0dfb75ef70fe58ba40f9e31dbb6cf]: Art. 17 in force at 1.4.2006, see art. 1(1)

[^key-2f42b442bd443e7ab8bf3ea25955dca9]: Art. 18 in force at 1.4.2006, see art. 1(1)

[^key-ecdd015098c40dd444a8ac77b1889d70]: Art. 19 in force at 1.4.2006, see art. 1(1)

[^key-dd13a587623e0c73c2af079ccb289c75]: Art. 20 in force at 1.4.2006, see art. 1(1)

[^key-cf361301c830fbf15e8fd650c3d50ef2]: Art. 21 in force at 1.4.2006, see art. 1(1)

[^key-2d7c47edf217610c6b1f02ad0696cbbe]: Art. 22 in force at 1.4.2006, see art. 1(1)

[^key-2a58fdf7930f1b5eab4262a8c5eb53b1]: Art. 23 in force at 1.4.2006, see art. 1(1)

[^key-469b25fa02ec4fe3c7d7c452ae00d4bf]: Art. 24 in force at 1.4.2006, see art. 1(1)

[^key-589d91c2c75dc400517f60a08314fd01]: Art. 25 in force at 1.4.2006, see art. 1(1)

[^key-eca4324aca10f61b21e8c6a456134cbc]: Art. 26 in force at 1.4.2006, see art. 1(1)

[^key-59427ac2c034b4f93b8d4f246fbbd818]: Art. 27 in force at 1.4.2006, see art. 1(1)

[^key-88e5e296dc4882658fd085dadd72aa63]: Art. 28 in force at 1.4.2006, see art. 1(1)

[^key-f102fe4b9f18882b9ee04027cf82675b]: Art. 29 in force at 1.4.2006, see art. 1(1)

[^key-7e66d1d831d3e6e69101a90d48e78d78]: Art. 30 in force at 1.4.2006, see art. 1(1)

[^key-33f6d10c177ac7866d490cf6c5c8aa35]: Art. 31 in force at 1.4.2006, see art. 1(1)

[^key-583a93f9807a5c7dab6c5eb57c914a44]: Art. 32 in force at 1.4.2006, see art. 1(1)

[^key-ad9b5069b1f980abb6502e2836da8bda]: Sch. 2 para. 1 in force at 1.4.2006, see art. 1(1)

[^key-b970b01e9c843d81ef8c77fafa58009c]: Sch. 2 para. 2 in force at 1.4.2006, see art. 1(1)

[^key-d1f227c9bf24bb9c3e6072f2396ffa3d]: Sch. 2 para. 3 in force at 1.4.2006, see art. 1(1)

[^key-ad39dc16539adb322478d41b05bbdd89]: Sch. 2 para. 4 in force at 1.4.2006, see art. 1(1)

[^key-75f6d9b8df363f6dd35ab3acdaf7fa1b]: Sch. 2 para. 5 in force at 1.4.2006, see art. 1(1)

[^key-c1bae01e460518822f9b943afe1b6b9e]: Sch. 2 para. 6 in force at 1.4.2006, see art. 1(1)

[^key-a0ed1db3722e63e4c268b24624e41d8d]: Sch. 2 para. 7 in force at 1.4.2006, see art. 1(1)

[^key-dd8c83171df5f1a11c0bdb831d7380bb]: Sch. 2 para. 8 in force at 1.4.2006, see art. 1(1)

[^key-0a4882dc57e7def08f60281978516604]: Sch. 2 para. 9 in force at 1.4.2006, see art. 1(1)

[^key-20a083bf8c03b38db9f0a545a9cb13ab]: Sch. 2 para. 10 in force at 1.4.2006, see art. 1(1)

[^key-05c0d79cb2b228d758bb177ad26d5fec]: Sch. 2 para. 11 in force at 1.4.2006, see art. 1(1)

[^key-d718f0213957859b5af485a15bd4dca7]: Sch. 2 para. 12 in force at 1.4.2006, see art. 1(1)

[^key-be2495996d0991806b1d4f97a2915242]: Sch. 2 para. 13 in force at 1.4.2006, see art. 1(1)

[^key-39ca23e89c94ef02b03dc8612abaf790]: Sch. 3 para. 1 in force at 1.4.2006, see art. 1(1)

[^key-249deec767ac80ed0ca8813df17b0f35]: Sch. 3 para. 2 in force at 1.4.2006, see art. 1(1)

[^key-81f1c05af250f81258c0f2146b88aefd]: Sch. 3 para. 3 in force at 1.4.2006, see art. 1(1)

[^key-93ced8d0f2af86a43140287b9c1bf558]: Sch. 3 para. 4 in force at 1.4.2006, see art. 1(1)

[^key-a9f78b9fe80ca3dc730f108aee121edf]: Sch. 3 para. 5 in force at 1.4.2006, see art. 1(1)

[^key-c46c1601fe025ee4c8e7f05ab7a72d1e]: Sch. 3 para. 6 in force at 1.4.2006, see art. 1(1)

[^key-3f8506f4b97ca7edfc53c83916b71a58]: Sch. 3 para. 7 in force at 1.4.2006, see art. 1(1)

[^key-23e4a90349f1fdc29ff28e029ed3037e]: Sch. 3 para. 8 in force at 1.4.2006, see art. 1(1)

[^key-100445c5bee9b4b6634946700b807778]: Sch. 3 para. 9 in force at 1.4.2006, see art. 1(1)

[^key-c80bb7e08522d121697fe77b1a27e508]: Sch. 3 para. 10 in force at 1.4.2006, see art. 1(1)

[^key-36b5ad72a49a8592ce895d7a1f4507cd]: Sch. 3 para. 11 in force at 1.4.2006, see art. 1(1)

[^key-4ec913cf491346e3e5ce0ecc1c3e5201]: Sch. 3 para. 12 in force at 1.4.2006, see art. 1(1)

[^key-17dc5ac1a89ed115db323988e3ef5718]: Sch. 3 para. 13 in force at 1.4.2006, see art. 1(1)

[^key-df84c2a1d2edc69ceb58d406f0a02977]: Sch. 3 para. 14 in force at 1.4.2006, see art. 1(1)

[^key-f6c3b91bf57bae3c542c16a1eed06940]: Sch. 3 para. 15 in force at 1.4.2006, see art. 1(1)

[^key-eeda7e8f714566ba6ba6e916578faf2f]: Sch. 3 para. 16 in force at 1.4.2006, see art. 1(1)

[^key-e8a8377ceab5e2dff1844ddfd65bb3fe]: Sch. 3 para. 17 in force at 1.4.2006, see art. 1(1)

[^key-aec669bb4249ffe5aaee22d652538eb9]: Sch. 3 para. 18 in force at 1.4.2006, see art. 1(1)

[^key-25e01cf54ca716f7c8b710d5aaba5a83]: Sch. 3 para. 19 in force at 1.4.2006, see art. 1(1)

[^key-77c552f6609d375690861b77d4f22023]: Sch. 3 para. 20 in force at 1.4.2006, see art. 1(1)

[^key-06dc49bafb33c7ba110d53caddaa6490]: Sch. 3 para. 21 in force at 1.4.2006, see art. 1(1)

[^key-9961333f43e8d337310864aa6ca8c63c]: Sch. 3 para. 22 in force at 1.4.2006, see art. 1(1)

[^key-8a67e3d90f1d7f471c4c2689d56380f3]: Sch. 3 para. 23 in force at 1.4.2006, see art. 1(1)

[^key-9ba90ddb065f474cccc5506fdfe66fe2]: Sch. 3 para. 24 in force at 1.4.2006, see art. 1(1)

[^key-56c5a58702fa2528c012ecc9b5d9b40c]: Sch. 3 para. 25 in force at 1.4.2006, see art. 1(1)

[^key-f28399794b8a5bcfaa99c30981a6d383]: Sch. 3 para. 26 in force at 1.4.2006, see art. 1(1)

[^key-9436747e014b46a54224a377d846d0c7]: Sch. 1 in force at 1.4.2006, see art. 1(1)

[^key-ff52799f194aff21803f9431a07c0979]: Sch. 4 in force at 1.4.2006, see art. 1(1)