Electricity PART 1 Introductory Provisions Citation and commencement 1 This Order may be cited as the Renewables Obligation Order (Northern Ireland) 2009 and shall come into operation on 1st April 2009. Interpretation 2 1 In this Order— “the 2007 Order” means the Renewables Obligation Order (Northern Ireland) 2007 ; “2013/14 capacity” means— in relation to a generating station accredited on or before 30th April 2013, any capacity which— in the Authority’s view, forms part of the station from a date no earlier than 1st May 2013 and no later than 31st March 2014, and does not form part of the capacity of the station as accredited; in relation to a generating station which is registered under Article 50A as a grace period generating station, any capacity which— in the Authority’s view, forms part of the station from a date no later than 31st March 2014, and does not form part of the capacity of the station as accredited; in relation to a generating station which— was not accredited on or before 30th April 2013, was accredited on or before 31st March 2014, and is not registered under Article 50A as a grace period generating station, the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31st March 2014; “2013/15 capacity” means any capacity which is— 2013/14 capacity, or 2014/15 capacity; “2014/15 capacity” means— in relation to a generating station accredited on or before 31st March 2014, any capacity which— in the Authority’s view, forms part of the station from a date no earlier than 1st April 2014 and no later than 31st March 2015, and does not form part of the capacity of the station as accredited; in relation to a generating station which— was not accredited on or before 31st March 2014, and was accredited on or before 31st March 2015, the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31st March 2015; “2015/16 capacity” means— in relation to a generating station accredited on or before 31st March 2015, any capacity which— in the Authority’s view, forms part of the station from a date no earlier than 1st April 2015 and no later than 31st March 2016, and does not form part of the capacity of the station as accredited; in relation to a generating station which was not accredited on or before 31st March 2015, and was accredited on or before 31st March 2016, the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31st March 2016; “accreditation”, in relation to a generating station means accreditation of the generating station in Northern Ireland by the Authority as one which is capable of generating electricity, from renewable sources (and includes accreditation granted before 1st April 2009); “advanced fuel” means a liquid or gaseous fuel which is produced directly or indirectly from the gasification or the pyrolysis of— waste, or biomass; “anaerobic digestion” means the bacterial fermentation of organic material in the absence of free oxygen; “animal excreta” means excreta produced by animals and includes biomass wholly derived from excreta produced by animals; “biomass” is to be construed in accordance with Article 4; “BS EN 15359:2011” means the document identified by Standard Number BS EN 15359:2011 and entitled “Solid recovered fuels. Specifications and classes” published by the British Standards Institution on 30th November 2011; “BS EN 15402:2011” means the document identified by Standard Number BS EN 15402:2011 and entitled “Solid recovered fuels. Determination of the content of volatile matter” published by the Brtitsh Standards Institution on 31st March 2011; “BS EN 15415-1:2011” means the document identified by Standard Number BS EN 15415-1:2011 and entitled “Solid recovered fuels. Determination of particle size distribution. Screen method for small dimension particles” published by the British Standards Institution on 30th September 2011; “BS EN 15590:2011” means the document identified by Standard Number BS EN 15590:2011 and entitled “Solid recovered fuels. Determination of the current rate of aerobic microbial activity using the real dynamic respiration index” published by the British Standards Institution on 30th September 2011 “ biomaterial ” means the biodegradable part of— products, waste and residues of biological origin from agriculture (including vegetal and animal substances), forestry and related industries (including fisheries and aquaculture); and industrial, commercial and municipal waste; ... ... ... ... “CHPQA” means the Combined Heat and Power Quality Assurance Standard, Issue 6, October 2016 and Guidance Note 44 (Use of CHPQA in respect of the Renewables Obligation and Contracts for Difference), Issue 6, October 2016; “civil works”, in relation to a hydro generating station, are to be regarded as all man-made weirs, man-made structures and man-made works for holding water, which are located on the inlet side of a turbine (turbine A) excluding any such structures or works which supply another turbine before water is supplied to the structures and works which supply turbine A; “combined heat and power generating station” means a station producing electricity that is (or may be) operated for purposes including the supply of any premises of— heat produced in association with electricity; or steam produced from, or air or water heated by, such heat; “combustion unit” means a boiler, turbine or engine; “commissioned”, in relation to a generating station, means the completion of such procedures and tests in relation to that station as constitute, at the time they are undertaken, the usual industry standards and practices for commissioning that type of generating station in order to demonstrate that that generating station is capable of commercial operation; “the Company” means NIE Energy Ltd; “connected person”, in relation to the owner or operator of a generating station, or any party to a NFFO arrangement, means any person connected to the owner, operator or party within the meaning of ...; “declared net capacity”, in relation to a generating station, means the maximum capacity at which the station could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption) less the amount of electricity that is consumed by the plant; “designated electricity supplier” except where it appears in the definition of “Great Britain designated supplier”, is to be construed in accordance with Article 5(1); “the Electricity Act” means the Electricity Act 1989 ; “energy content”, in relation to any substance, means the energy contained within that substance (whether measured by a calorimeter or determined in some other way) expressed in terms of the substance’s gross calorific value within the meaning of British Standard BS 7420:1991 (Guide for determination of calorific values of solid, liquid and gaseous fuels (including definitions) published by British Standards Institute on 28th June 1991) ; “energy crops” means— a perennial crop planted at high density, the stems of which are harvested above ground level at intervals of less than twenty years and which is one of the following— Acer pseudoplatanus (also known as sycamore); Alnus (also known as alder); Betula (also known as birch); Castanea sativa (also known as sweet chestnut); Corylus avellana (also known as hazel); Fraxinus excelsior (also known as ash); Populus (also known as poplar); Salix (also known as willow); Tilia cordata (also known as small-leaved lime); or a perennial crop which is one of the following— Arundo donax (also known as giant reed); Bambuseae, where the crop was planted after 31st December 1989 and is grown primarily for the purpose of being used as fuel; Miscanthus; Panicum; Pennisetum (other than Pennisetum setaceum (also known as fountain grass), Pennisetum clandestinum (also known as kikuyu grass) and Pennisetum villosum (also known as feathertop grass)); Phalaris; “the Energy Order” means the Energy (Northern Ireland) Order 2003; “ fossil derived bioliquid ” means bioliquid produced directly or indirectly from— coal; lignite; natural gas (within the meaning of the Energy Act 1976); crude liquid petroleum, or; petroleum products (within the meaning of the Energy Act 1976); “gasification” means the substoichiometric oxidation or steam reformation of a substance to produce a gaseous mixture containing two or all of the following: oxides of carbon, methane and hydrogen; “GBRO Order” means any order made pursuant to section 32 of the Electricity Act; “GBROC” means a certificate issued by the Great Britain Authority under section 32B of the Electricity Act and pursuant to a GBRO Order and, save where the context otherwise requires, includes a replacement GBROC; “GBROC identifier” means an identifier unique to a GBROC determined by the Great Britain authority and containing the following information (or reference to that information in coded format) the month and year during which the electricity was generated; the location of the generating station or, where the GBROC certifies the matters within section 32B(5), (6) or (8) of the Electricity Act the location of the agent to whom the GBROC was issued under a GBRO Order; a description of the generating station including reference to the source or sources of fuel used by it or them to generate electricity or, where the GBROC certifies the matters within section 32B(5), (6) or (8) of the Electricity Act, the generating station to which the GBROC relates; the date of issue of the GBROC; and the number allocated to a GBROC by the Great Britain authority in accordance with a GBRO Order; “Great Britain authority” means the Gas and Electricity Markets Authority; “Great Britain designated supplier” means a designated electricity supplier within the meaning of a GBRO Order; “greenhouse gas emission criteria” means— in the case of bioliquid, the criteria set out in Schedule A1 (greenhouse gas emission criteria for bioliquid); and in all other cases, the criteria set out in Part 1 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass); “ hazardous waste ” means any waste which is hazardous waste as defined by Article 3(2) of Directive 2008/98/ EC of the European Parliament and of the Council on waste; ... “hydro generating station” means a generating station driven by water (other than a generating station driven by tidal flows, waves, ocean currents or geothermal sources) and includes all turbines supplied with water by or from the same civil works, except any turbine driven by a compensation flow supplied by or from those civil works in a natural water course where there is a statutory obligation to maintain that compensation flow in that water course (in which case that turbine and associated infrastructure is to be regarded as a separate hydro generating station); “ISAE 3000” means the International Standard on Assurance Engagements 3000 published by the International Federation of Accountants; “ land criteria ” means the criteria set out in Schedule A2; “landfill” has the meaning given in Article 2(g) of Council Directive 1993/31/EC . “landfill gas” means gas formed by the digestion of material in a landfill. “licensed supplier” means an electricity supplier or any electricity supplier within the meaning of Part I of the Electricity Act. “linked person” in relation to a person who is a party a NFFO arrangement (“the first person”), means another person who has given or has arranged to give to the first person or has ensured that or has arranged to ensure that the first person is given, a financial or other inducement relating to any right or interest in, or in respect of, the construction or operation of a generating station at the location; “MCS” means the Microgeneration Certification Scheme or equivalent schemes accredited under EN45011 which certify microgeneration products and installers in accordance with consistent standards; “microgenerator” means a generating station which has a declared net capacity of 50 kilowatts or less; “micro hydro generating station” means a hydro generating station which— has a declared net capacity of 1.25 megawatts or less; and has never generated electricity under an arrangement which has ever been a NFFO arrangement; “municipal waste” means— waste from households; and other waste that, because of its nature or composition, is similar to waste from households; “NFFO arrangement” means an arrangement which was originally made pursuant to a Non-Fossil Fuel Order (and includes any replacement of such an arrangement where that replacement was made pursuant to an order made under Article 57 of the Energy Order); “NIROC” means a certificate issued by the authority under Article 54 of the Energy Order and pursuant to this Order; “NIROC identifier” has the meaning given by paragraph 3 of Schedule 3; “Non-Fossil Fuel Order” means the Electricity (Non-Fossil Fuel Sources) Order (Northern Ireland) 1994 or the Electricity (Non-Fossil Fuel Sources) Order (Northern Ireland) 1996 ; “obligation period” means any of the periods referred to in the first column of Schedule 1; “permitted ancillary purposes” is to be construed in accordance with Article 21(3) (fossil fuel or waste used for permitted ancillary purposes); “plant”, with reference to crops or plant matter, includes shrubs and trees; “post-2016 capacity” means— in relation to a generating station accredited on or before 31st March 2016, any capacity which— in the Authority’s view, forms part of the station from a date no earlier than 1st April 2016, and does not form part of the capacity of the station as accredited; in relation to a generating station which— is accredited, and was not accredited on or before 31st March 2016, the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station; “pre–2013 capacity” means— in relation to a generating station accredited on or before 30th April 2013, the capacity of the station as accredited, together with any additional capacity, which in the Authority’s view, forms part of the station from a date no later than 30th April 2013; in relation to a generating station which is registered under Article 50A as a grace period generating station, the capacity of the station as accredited; “preliminary accreditation”, in relation to a generating station, means accreditation of the station as one which (when commissioned) will be capable of generating electricity from renewable sources by the Authority (and includes preliminary accreditation granted before 1st April 2009); “pyrolysis” means the thermal degradation of a substance in the absence of any oxidising agent (other than that which forms part of the substance itself) to produce char and one or both of gas and liquid; “qualifying combined heat and power generating station” means a combined heat and power generating station which has been accredited under CHPQA; “qualifying power output” in relation to a qualifying combined heat and power generating station, has the meaning given to them in the CHPQA; “qualifying proportion”, in relation to electricity generated by a qualifying combined heat and power generating station, is the proportion which the qualifying power output of the station bears to its total power output; “Register” has the meaning given to it in Article 51(1); “registered holder” has the meaning given to it in paragraph 3 of Schedule 3; “regular biomass” means biomass other than— sewage gas, landfill gas, energy crops, fuel produced by means of anaerobic digestion, ... advanced fuel; “relevant target” has the meaning given by paragraph 1 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass); “Renewables Directive” means Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, and in Article 46A and Schedules A1 and A2 and 3A references to Annex 5 to the Directive are to be construed as references to Annex 5 to the Directive as amended from time to time; “renewables obligation” has the meaning given to it in Article 5(1); “renewables obligation certificate” means— a renewables obligation certificate issued by the Authority under this Order; a GBROC; “renewable output” is to be construed in accordance with Articles 23 and 24; “Respiratory Index” means the rate of oxygen uptake expressed in milligrams of oxygen per kilogram of volatile solids per hour; “retail prices index” means— the general index of retail prices (for all items) published by the Office for National Statistics; or where the index is not published for a year, any substituted index or figures published by that Office; “sewage gas” means gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed); “specified day”, in relation to an obligation period, means the 1st September immediately following it; “Solid Recovered Fuel” means solid fuel which— Complies with the classification and specification requirements in BS EN 15359:2011, is prepared from a waste which is not a hazardous waste (where hazardous waste has a meaning given in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council on waste), has a maximum rate of oxygen uptake of no more than 1500 milligrams of oxygen per kilogram of volatile solids per hour when measured using the real dynamic respiration test specified in BS EN 15590:2011, and when subject to a methodology for the determination of particle size in accordance with BS EN 15415-1:2011, is able to pass through an opening measuring no more than 150 millimetres in all dimensions “ sustainability information ” means information submitted to the Authority by the operator of a generating station for the purpose of demonstrating that a bioliquid meets the greenhouse gas emission criteria and the land criteria; “ total installed capacity ” means— in relation to a generating station, the maximum capacity at which the station could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption); in relation to a wind turbine, the maximum capacity at which the turbine could be operated for a sustained period without causing damage to it (assuming there was no interruption to the wind powering it); in relation to a type of generating capacity forming part of a generating station, the maximum capacity at which that generating capacity could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption); “total power output”, in relation to a qualifying combined heat and power generating station, has the meaning given to it in the CHPQA; “volatile solids” means any mass loss, corrected for moisture, when a solid is heated out of contact with air under the specified conditions and using the methods in CEN/TS 15402:2006; and “waste” has the meaning given in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste but— also includes anything derived from waste; and does not include landfill gas, sewage gas or any substance intentionally modified or contaminated to fall within the meaning of “waste” given in Article 3(1) of that Directive. 2 Where waste , fossil derived bioliquid or biomass is used in a generating station (whether alone or together or in combination with another fuel) and— a a proportion of that waste , fossil derived bioliquid or biomass is, or is derived from, fossil fuel, and b in any month during which that waste , fossil derived bioliquid or biomass is used that proportion varies, references in this Order to the energy content of that waste or biomass and fossil fuel are references to the overall energy content of that waste or biomass and fossil fuel used to fuel the generating station during that month. 3 Where two or more of the fuels listed in paragraph (4) are mixed together to form one substance which is then used in a generating station to generate electricity, the provisions of this Order apply in relation to the electricity so generated in the same way as they would apply if the electricity had been generated using those fuels without mixing them together. 4 The fuels referred to in paragraph (3) are— a fossil derived bioliquid; b bioliquid (not being fossil derived bioliquid); c biomass (not being bioliquid); d waste which constitutes a renewable source (not being bioliquid or biomass); e fossil fuel including waste (other than waste falling within sub-paragraphs (a) to (d)). 5 Any reference in this Order to the provision of information “in writing” includes the provision of such information by electronic mail, facsimile or similar means which are capable of producing a document containing the text of any communication. 6 Any reference in this Order to the supply of electricity shall, in respect of a supply made in Northern Ireland, be construed in accordance with the definition of “supply” in Article 3 of the Electricity (Northern Ireland) Order 1992 , and in respect of any other supply, be construed in accordance with the definition of “supply” in section 4(4) of the Electricity Act . 7 Any reference in this Order to a “type of generating capacity” is a reference to one of the following— a pre-2013 capacity; b 2013/14 capacity; c 2014/15 capacity; d 2015/16 capacity; e post-2016 capacity. 8 A reference in this Order to residue does not, in the case of residue from processing, include a reference to any substance that is a primary aim of a production process or that the process has been deliberately modified to produce. Waste as a renewable energy source 3 1 For the purposes of Articles 52 to 55F of the Energy Order and this Order, the term “renewable sources” includes waste of which not more than 90 per cent is waste which is, or is derived from, fossil fuel. 2 The proportion of waste which is, or is derived from, fossil fuel— a is to be determined by the Authority, and b is— i for any waste that is a fossil derived bioliquid, the energy content of the fossil fuel from which the fossil derived bioliquid is directly or indirectly produced expressed as a percentage of the energy content of that fossil derived bioliquid as a whole, ii for all other waste, the energy content of the fossil fuel from which the waste is in part composed or derived expressed as a percentage of the energy content of that waste as a whole. 3 Where waste is used (whether on its own or not) to fuel a generating station, it is for the operator of the generating station to demonstrate to the Authority’s satisfaction what proportion of the waste is, or is derived from, fossil fuel. 4 Without prejudice to paragraph (3), when determining that proportion the Authority is entitled to have regard to any material (whether or not produced to it by the operator of the generating station) if, in its opinion, that material indicates what proportion of the waste is, or is derived from, fossil fuel. 5 But where the operator of a generating station in which municipal waste is used satisfies the Authority— a by reference to data published by the Department of Environment or a district council, that the proportion of the municipal waste so used which is, or is derived from, fossil fuel, is unlikely to exceed 50 per cent, and b that the municipal waste so used has not been subject to any process before being so used that is likely to have had a materially increased that proportion, that constitutes sufficient evidence of the fact that the proportion of the municipal waste so used which is, or is derived from, fossil fuel is 50 per cent. 6 Where— a municipal waste is used in a generating station and— i the Authority is not satisfied as to the matters identified in paragraph (5), or ii the operator of the station is claiming that the proportion of that waste which is, or is derived from, fossil fuel is less than 50 per cent; or b waste (not being municipal waste) is used in a generating station and the Authority is not satisfied as to what proportion of the waste is, or is derived from, fossil fuel, the Authority may require the operator of the generating station to arrange for samples of any fuel used (or to be used) in the station, or of any gas or other substance produced as a result of the use of such fuel, to be taken by a person, and analysed in a manner approved by the Authority, and for the results of that analysis to be made available to the Authority. 7 In this Article “municipal waste” has the same meaning as in Chapter 1 of Part 1 of the Waste and Emissions Trading Act 2003 ; Biomass and fuels which are to be treated as biomass 4 1 In this Order, “biomass” means fuel which— a falls within paragraph (1A), b falls within paragraph (1B), or c is a fossil derived bioliquid. 1A Fuel falls within this paragraph if— a at least 90% of its energy content is derived from relevant material (that is to say, material which is, or is derived directly or indirectly from, plant matter, animal matter, fungi , algae or bacteria ), and b any fossil fuel forming part of the fuel is present following a process— i to which the relevant material has been subject, and ii the undertaking of which has caused the fossil fuel to be present in, on or with that material even though that was not the object of the process. 1B Fuel falls within this paragraph if— a at least 90% of its energy content is derived from relevant material (that is to say, material which is, or is derived directly or indirectly from, plant matter, animal matter, fungi , algae or bacteria ), b it is waste, and c any fossil fuel forming part of it was not added to it with a view to the fossil fuel being used as a fuel. 2 For the purposes of this Order, except Article 46 (information to be provided to the Authority where electricity is generated from biomass), a fuel which is used in a generating station with biomass but which is not biomass (including, where two or more of the fuels listed in Article 2(4) are mixed together before being so used, each of those fuels which is not biomass) is to be treated as biomass if— a the energy content of the fuel is derived in part from relevant material (within the meaning of the definition of biomass) and in part from fossil fuel; b either— i the fossil fuel is present in it following a process— aa to which its relevant material has been subject, and bb the undertaking of which has caused the fossil fuel to be present in, on or with that material even though that was not the object of the process; or ii it is waste and the fossil fuel forming part of it was not added to it with a view to its being used as a fuel; and c at least 90 per cent of the total energy content of the fuel and the biomass with which the fuel is used is derived from relevant material. 3 Accordingly, any reference in this Order to biomass, other than in Article 46 is to be construed as a reference to biomass or fuel which (by virtue of paragraph (2)) is to be treated as biomass. 4 Where biomass (not being waste or fossil derived bioliquid ) is used, whether on its own or not, to fuel a generating station and a proportion of it is composed of fossil fuel, the proportion of it which is composed of fossil fuel— a is to be determined by the Authority, and b is the energy content of the fossil fuel from which it is in part composed expressed as a percentage of its energy content as a whole. 5 It is for the operator of the generating station to demonstrate to the Authority’s satisfaction what proportion of the biomass is fossil fuel. 6 When determining that proportion the Authority is entitled to have regard to any material (whether or not produced to it by the operator of the generating station) if, in its opinion, that material indicates what proportion of the biomass is fossil fuel. 7 For the purposes of this Article, fossil fuel is not to be regarded as being derived directly or indirectly from plant matter, animal matter, fungi , algae or bacteria . Fossil derived bioliquid 4A 1 For the purpose of this Order, fossil derived bioliquid is to be treated as being in part composed of (or in part derived from) fossil fuel. 2 Where fossil derived bioliquid (not being waste) is used, whether on its own or not, to fuel a generating station, the proportion of fossil derived bioliquid which is to be treated as being composed of (or derived from) fossil fuel— a is to be determined by the Authority, and b is the energy content of the fossil fuel from which the fossil derived bioliquid is directly or indirectly derived expressed as a percentage of the energy content of the fossil derived bioliquid as a whole. 3 It is for the operator of the generating station to demonstrate to the Authority’s satisfaction what proportion of the fossil derived bioliquid is to be treated as being composed of (or derived from) fossil fuel. 4 When determining that proportion the Authority is entitled to have regard to any material (whether or not produced to it by the operator of the generating station) if, in its opinion, that material indicates what proportion of the fossil derived bioliquid is to be treated as being composed of (or derived from) fossil fuel. PART 2 The Renewables Obligation The renewables obligation 5 1 the renewables obligation is imposed on each electricity supplier supplying electricity in Northern Ireland (a “designated electricity supplier”). 2 The renewables obligation is that, subject to Articles 40 and 41 each designated electricity supplier must, by the specified day, produce to the Authority , in respect of each megawatt hour of electricity that he supplies to customers in Northern Ireland during an obligation period— a subject to sub-paragraph (b), the number of renewables obligation certificates determined in accordance with Article 12; b where the obligation period commences on 1st April 2009, 0.035 renewables obligation certificates for each megawatt hour so supplied. 3 To enable the number referred to in paragraph (2)(a) to be determined, the Department must first determine, for the obligation period in question, calculations A and B and the total number of renewables obligation certificates required to be produced by designated electricity suppliers in accordance with Articles 6 to 11. 4 Where the number of renewable obligation certificates that a designated electricity supplier is required to produce by virtue of paragraph (2) is not a whole number, it is to be rounded to the nearest whole number (one-half being rounded upwards). Part of calculation A referable to Great Britain 6 The part of calculation A referable to Great Britain is the estimate of megawatt hours of electricity likely to be supplied to customers in Great Britain during a particular obligation period, as estimated by the Secretary of State under Article 6(1) of the Renewables Obligation Order 2009 (Part of calculation A referable to Great Britain), multiplied by the figure which corresponds to that particular period in the second column of Schedule 1. Part of calculation A referable to Northern Ireland 7 1 Before the start of each obligation period identified in the first column of Schedule 1, (except for the first such period), the Department is to estimate, in megawatt hours, the total amount of electricity likely to be supplied to customers in Northern Ireland during that period by electricity suppliers designated under this Order. 2 The figure representing the number of megawatt hours so estimated for an obligation period is to be multiplied by the figure which corresponds to that period in the third column of Schedule 1. Calculation A 8 1 The product of the calculation referred to in Article 6, added to the product of the calculation in Article 7(2), is (for the obligation period to which those calculations relate) calculation A. 2 Where calculation A is not a whole number, it is to be rounded to the nearest whole number (one-half being rounded upwards). 3 References to calculation A in Articles 11 and 12 shall be construed accordingly. Calculation B 9 1 Calculation B is the number of renewables obligation certificates likely to be issued in respect of renewable electricity for a particular obligation period, as estimated by the Secretary of State under Article 9(2) of the Renewables Obligation Order 2009, increased by— a in relation to the obligation period ending on 31st March 2011, 8 per cent; and b in relation to any other obligation period, 10 per cent. 2 Where calculation B is not a whole number, it is to be rounded to the nearest whole number (one-half being rounded upwards). 3 References to calculation B in Articles 11 and 12 shall be construed accordingly. 4 In this Article “renewable electricity” means electricity which is generated from renewable sources and in respect of which renewables obligation certificates may be issued. Calculation C 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Determining the number of renewables obligation certificates to be produced in an obligation period 11 1 Following the determination of calculations A and B for an obligation period, the Department is to determine the total number of renewables obligation certificates required to be produced by designated suppliers (“the total obligation”) for that period in accordance with paragraphs (2) to (5). 2 Where calculation A is equal to or greater than calculation B for an obligation period, the total obligation for that period is calculation A. 3 ... Where calculation B is greater than calculation A for an obligation period, the total obligation for that period is calculation B. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 References to the total obligation in Article 12 shall be construed accordingly. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge his renewables obligation 12 1 Where the total obligation for an obligation period is calculation A, the number of renewables obligation certificates that a designated electricity supplier is required to produce in order to discharge his renewables obligation in respect of electricity that he supplies to customers in Northern Ireland during that period is, for each megawatt hour so supplied, the figure set out in the third column of Schedule 1 that corresponds to that period. 2 Where the total obligation for an obligation period is calculation B, the number of renewables obligation certificates that a designated electricity supplier is required to produce in order to discharge his renewables obligation in respect of electricity that he supplies to customers in Northern Ireland during that period is, for each megawatt hour so supplied, equal to— Figure set out in third column of Schedule 1 for that period × calculation B for that period calculation A for that period 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 The Department must publish, by the 1st October preceding an obligation period, the number of renewables obligation certificates that a designated electricity supplier is required to produce in respect of each megawatt hour of electricity that he supplies to customers in Northern Ireland during that period in order to discharge his renewables obligation for that period. Further provision in relation to the production of renewables obligation certificates 13 1 A designated electricity supplier may discharge his renewables obligation by the production to the Authority of a GBROC . 2 A designated electricity supplier may discharge up to 25 per cent of his renewables obligation in respect of an obligation period by producing to the Authority renewables obligation certificates relating to electricity supplied in the immediately preceding obligation period. 3 Subject to paragraph (4), no more than 4% of a designated electricity supplier’s renewables obligation may be satisfied by the production of renewables obligation certificates issued in respect of electricity generated from bioliquid. 4 The limit set out in paragraph (3) does not apply to the production of renewables obligation certificates issued in respect of electricity— a generated by a generating station to which Article 27 applies, b generated by a qualifying combined heat and power generating station which has, as at the date of generation of the electricity, a total installed capacity of less than 1 megawatt, c generated from advanced fuel, d generated in the way described as “energy from waste with CHP” in Schedule 2, or e generated before 1st May 2013. 7 A designated electricity supplier must not produce to the Authority a renewables obligation certificate which has previously been or is produced to the Great Britain authority under a GBRO Order . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Matters to be certified by and content of NIROCs Matters to be certified by NIROCs 14 Where a NIROC does not certify the matters within Article 54(3) of the Energy Order , it must certify the matters within paragraphs (4), (5), or (6) of that Article. When electricity is to be regarded as supplied to customers in Northern Ireland 15 For the purposes of Articles 54(3) and (4) of the Energy Order, electricity which cannot be shown to have been supplied to customers in Northern Ireland is to be regarded as having been so supplied if it has been sold under the circumstances described in Article 34 (9) . When electricity used in a permitted way for NIROCs certifying matters within Article 54(5) or (6) of the Energy Order 16 1 For the purposes of Article 54(5) and (6) of the Energy Order (in particular, for the purposes of a NIROC certifying the matters within Article 54(5) or (6)) electricity generated by a generating station of any description is used in a permitted way if, subject to paragraph (2), it is used in any of the ways mentioned in Article 54(8) of that Order. 2 Electricity is not used in a permitted way if it is supplied to customers in Northern Ireland through a private wire network and— a the generating station from which the electricity is conveyed has a declared net capacity in excess of 10 megawatts, and b at some point before the electricity is supplied to customers through the private wire network it is conveyed through a transmission or distribution system operated under a licence granted under Article 10 of the Electricity Order . PART 4 Cases and circumstances when a NIROC must not be issued Excluded generating stations 17 NIROCs are not to be issued in respect of any electricity generated outside Northern Ireland. Generating stations first commissioned before 1st January 1990 18 1 This Article applies to a generating station— a which was first commissioned before 1st January 1990, b the main components of which have not been renewed since 31st December 1989, and c which is not a micro hydro generating station. 2 No NIROCs are to be issued in respect of electricity generated in any month by a generating station to which this Article applies unless all of the electricity generated by that station during that month— a Is generated— i partly from fossil fuel, and ii partly from renewable sources which consist wholly of— aa biomass, bb biomass and Solid Recovered Fuel, or cc a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion; b is generated from biomass and the following conditions are met— i where that station generated electricity in any month prior to April 2003, no less than 75 per cent of the energy content of the fuel used to generate that electricity was derived from fossil fuel, ii the first month in which all of the electricity generated by that station was generated from biomass occurred after March 2004, and iii in relation to electricity generated in any month after that first month by that station, no more than 75 per cent of the energy content of the fuel used to generate that electricity was derived from fossil fuel. 3 For the purposes of paragraph (1)(b), the main components of a generating station are only to be regarded as having been renewed since 31st December 1989— a in the case of a hydro generating station, where the following parts have been installed in the generating station after 31st December 1989 and were not used for the purpose of electricity generation prior to their installation— i all the turbine runners or all the turbine blades or the propeller; and ii all the inlet guide vanes or all the inlet guide nozzles; b in the case of any other generating station, where all the boilers and turbines (driven by any means including wind, water, steam or gas) have been installed in the generating station after 31st December 1989 and were not used for the purpose of electricity generation prior to their installation. 4 For the purposes of paragraph (2)— a in sub-paragraph (a)(i) fossil fuel does not include waste which is a renewable source, and b in determining whether or not the requirements of sub-paragraph (a) or (b) are met, no account is to be taken of any fossil fuel or waste which the generating station uses for permitted ancillary purposes. Generating stations accredited for longer than 20 years 18A 1 Subject to paragraphs (2) and (3), NIROCs are not to be issued in respect of any electricity generated— a by an existing generating station, after 31st March 2027; b by a new generating station, on or after the 20th anniversary of the date on which it was accredited or 31st March 2037 (whichever is the earlier). 2 Where, at the time it generates electricity, a generating station’s total installed capacity is greater than its original capacity, paragraph (1) applies only in relation to NIROCs which are to be issued in respect of electricity generated using the station’s original capacity. 3 In relation to the remainder of the electricity generated by the generating station, NIROCs are not to be issued in respect of any electricity generated on or after the 20th anniversary of the date on which, in the Authority’s view, the additional capacity first formed part of the station or 31st March 2037 (whichever is the earlier). 4 Where electricity generated by a generating station using additional capacity added at a particular time (“relevant additional capacity”) is not measured separately from— a electricity generated by it using additional capacity (if any) which was added to it at a different time, or b electricity generated by it using its original capacity, the electricity generated by it which is to be treated (for the purposes of paragraph (3)) as having been generated using the relevant additional capacity is the relevant percentage (the relevant percentage for these purposes being the relevant additional capacity at the date of generation of the electricity expressed as a percentage of the station’s total installed capacity at that date). 5 In this Article — “existing generating station” means a generating station which was accredited as at 25th June 2008; “new generating station” means a generating station which was accredited after 25th June 2008; “original capacity”, in relation to a generating station, means— in the case of an existing generating station, the capacity of the station as accredited and any additional capacity which (in the Authority’s view) formed part of the station by 25th June 2008; in the case of a new generating station, the capacity of the station as accredited. Generating stations in respect of which a NFFO arrangement applied but was terminated 19 1 This Article applies where— a a NFFO arrangement (“the applicable NFFO arrangement”) provided for the building of a generating station at a specified location (“the location”); b the applicable NFFO arrangement was terminated due to the operator of the generating station to which it applied having committed an unremedied breach of it; and c the last period in the tables contained in Schedule 1 to the Non-Fossil Fuel Order which relates to the applicable NFFO arrangement has not expired. 2 Subject to paragraph (3), where this Article applies, no NIROCs are to be issued in respect of electricity generated by a generating station— a which is situated wholly or partly at the location; b to which the applicable NFFO arrangement applied at the time it was commissioned; and c which is owned or operated by a person— i who was a party to the applicable NFFO arrangement; or ii who is a connected person or a linked person in relation to any such party. 3 Paragraph (2) does not apply in relation to electricity generated by a generating station in a month in which all of the electricity generated by that station is sold pursuant to another NFFO arrangement. Non-commissioned generating stations in respect of which a NFFO arrangement applies 20 1 This Article applies where a NFFO arrangement (“the applicable NFFO arrangement”) provides for the building of a generating station (“the specified station”) at a specified location (“the location”) and the specified station has not been commissioned. 2 Subject to paragraph (3), where this Article applies, no NIROCs are to be issued in respect of electricity generated by a generating station which— a is situated wholly or partly at the location; and b is owned or operated by a person who is a party to the applicable NFFO arrangement or who is a connected person or a linked person in relation to any such party. 3 Paragraph (2) does not apply in relation to electricity generated by a generating station in a month in which all of the electricity generated by that station is sold pursuant to another NFFO arrangement. Circumstances in which no NIROCs are to be issued in respect of electricity generated from renewable sources 21 1 No NIROCs are to be issued in respect of electricity generated by a generating station in a month during all of part of which it generates electricity— a wholly from renewable sources which consist of or include waste unless— i the waste is biomass ..., ii the waste is a liquid consisting wholly or mainly of hydrocarbon compounds, iii the waste is in the form of a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion, or iv the generating station is a qualifying combined heat and power generating station; b partly from renewable sources and partly from fossil fuel unless the renewable sources consist of— i biomass ..., ii biomass ... and Solid Recovered Fuel, or iii a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion; c partly from renewable sources and partly from fossil fuel where the fossil fuel consists of or includes waste unless that waste is— i liquid consisting wholly or mainly of hydrocarbon compounds, ii in the form of a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion, or iii Solid Recovered Fuel; d wholly or partly from peat. 2 In this Article— a in paragraph (1)(a) and (c) and in sub-paragraph (c), waste includes anything derived directly or indirectly from waste; b in paragraph (1)(b) and (c), fossil fuel does not include waste which is a renewable source; and c in determining how electricity has been generated for the purposes of paragraph (1)(a), (b) or (c), no account is to be taken of any fossil fuel or waste which the generating station uses for permitted ancillary purposes. 3 For the purposes of paragraph (2)(c), fossil fuel or waste (which includes anything derived directly or indirectly from waste) is used for permitted ancillary purposes if— a it is used in a generating station for— i cleansing other fuels from the generating station’s combustion system prior to using fossil fuel or waste to heat the combustion system to its normal temperature; ii the heating of the station’s combustion system to its normal operating temperature or the maintenance of that temperature; iii the ignition of fuels of low or variable calorific value; iv emission control; ... v standby generation or the testing of standby generation capacity, ... vi corrosion control; or vii fouling reduction, and b the energy content of the fossil fuel or waste so used during a month (or, where both are so used during a month, their combined energy content) does not exceed 10 per cent of the energy content of all the energy sources used by that generating station to generate electricity during that month. 4 In this Article, “standby generation” means the generation of electricity by equipment which is not used frequently or regularly to generate electricity and where all the electricity generated by that equipment is used by the generating station . Circumstances in which no NIROCs are to be issued in respect of electricity generated from solid or gaseous biomass 21ZA 1 This Article applies to biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste). 2 No NIROCs are to be issued in respect of any electricity generated by a generating station from biomass to which this Article applies unless— a the generating station has a total installed capacity of less than one megawatt; or b the biomass meets the greenhouse gas emission criteria and the land criteria. PART 5 NIROCs to be issued by Authority in respect of renewable output NIROCs to be issued by Authority in respect of a generation station’s renewable output 22 1 The Authority is to issue NIROCs. 2 Subject to paragraphs (2A) and (3) and Article 52 (modifications of this Order in relation to microgenerators in certain circumstances), NIROCs— a are to be issued in respect of a generating station’s renewable output in a month, and b must not be issued before the end of the second month following that month. 2A Where— a electricity was generated— i by a generating station with a total installed capacity of at least one megawatt; and ii using biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste); and b the greenhouse gas emissions from the use of that biomass are above the relevant target, NIROCs in respect of that electricity must not be issued before the end of the second month following the obligation period in which the electricity was generated. 2B For the purposes of paragraph (2A), the greenhouse gas emissions from the use of biomass must be calculated in accordance with paragraphs 3 to 5 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass). 3 When issuing NIROCs in respect of electricity generated in a month by a generating station or, in the case of NIROCs certifying the matters within Article 54(4) or (6) of the Energy Order, two or more generating stations, the Authority must— a determine the renewable output of that generating station or, as the case may be, those generating stations in that month in accordance with Article 23 or 24 (whichever is applicable); aa deduct from that station’s or those stations’ renewable output any electricity which is generated from landfill gas other than electricity— i to be deducted by virtue of sub-paragraph (b) ii generated by a generating station to which Article 27 applies, iii generated using pre-2013 capacity or 2013/15 capacity, iv generated in the way described as “closed landfill gas” in Schedule 2, or v generated using the heat from a turbine or engine; b where one or more of the criteria set out in Articles 34 to 36 have to be satisfied before NIROCs can be issued in respect of that station’s or those stations’ renewable output, deduct from that output any electricity in respect of which any of those criteria are not satisfied; and c issue NIROCs in respect of that station’s or those stations’ remaining renewable output, the amount of electricity to be stated in each NIROC being determined in accordance with Articles 25 to 30 (banding and grandfathering). 4 This means that, where a generating station generates electricity— a wholly from renewable sources a proportion of which is composed of fossil fuel, b wholly from renewable sources and the input electricity used by the generating station in generating that electricity exceeds 0.5 per cent of the total amount of that electricity, or c partly from renewable sources and partly from fossil fuel, NIROCs are to be issued in respect of a proportion only of the electricity generated by the station. 5 Where the number of megawatt hours of renewable output in respect of which NIROCs are to be issued does not equate to a whole number of NIROCs, the number of megawatt hours is to be rounded to the nearest figure which does so equate (and where there are two such figures, the number of megawatt hours is to be rounded upwards). 6 In this Article “input electricity”, in relation to a generating station, means— a the total amount of electricity used by that station for purposes directly related to its operation (including for fuel handling, fuel preparation, maintenance and the pumping of water) whether or not that electricity is generated by the station or used while the station is generating electricity, and b where the station generates electricity wholly or partly from hydrogen (other than hydrogen that constitutes fossil fuel), any electricity— i in respect of which NIROCs are or have been issued, ii in respect of which NIROCs cannot be issued by virtue of any provision of Part 4 (cases and circumstances when a NIROC must not be issued), or iii which was not generated from renewable sources, and which is used in the production of that hydrogen (regardless of where or by whom the hydrogen is produced). Circumstances in which no NIROCs are to be issued in respect of electricity generated from bioliquid 21A 1 No NIROCs are to be issued in respect of any electricity generated by a generating station from bioliquid unless the bioliquid meets the greenhouse gas emission criteria and the land criteria. 2 It is for the operator of the generating station to demonstrate to the Authority’s satisfaction that the bioliquid meets the greenhouse gas emission criteria and the land criteria. 3 Where paragraph (4) applies to a consignment of bioliquid, mass balance system must be used for the purpose of demonstrating that bioliquid meets the greenhouse gas emission criteria and the land criteria. 4 This paragraph applies to a consignment of bioliquid where— a the consignment of bioliquid was withdrawn from a mixture containing consignments of bioliquid with differing sustainability profiles; or b consignments of the biomaterial from which the consignment of bioliquid was made were withdrawn from a mixture containing consignments of biomaterial with differing sustainability profiles. 5 For the purposes of paragraph (3), a mass balance system is a system which— a provides for the sustainability profiles of the consignments of biomaterial or bioliquid added to a mixture to be attributed to the consignments withdrawn from that mixture; and b requires the sustainability profiles attributed to the sum of all the consignments withdrawn from a mixture to be the same, and in the same quantities, as the sustainability profile of the sum of all the consignments added to that mixture. 6 For the purposes of paragraphs (4) and (5)— a the sustainability profile of a consignment of biomaterial is— i information identifying the material of which the biomaterial is composed; and ii information relating to the biomaterial to be used for the purpose of determining whether bioliquid made from the biomaterial meets the greenhouse gas emission criteria and the land criteria; b the sustainability profile of a consignment of bioliquid is information identifying— i the material of which the bioliquid is composed; and ii the proportion that meets the greenhouse gas emission criteria and the land criteria. Common agricultural policy requirements 21B 1 No NIROCs are to be issued in respect of any electricity generated by a generating station from bioliquid if— a the bioliquid is derived from biomaterial which— i is of agricultural origin; ii cultivated in the United Kingdom or the EU ; and iii is not waste; and b the Authority is satisfied that the biomaterial referred to in sub-paragraph (a) was— i cultivated in a manner that breached a requirement or standard listed in the third column of the table in Annex 2 to Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy (“the 2013 Regulation”) and corresponding to the entry in the first column of that table for “environment, climate change, good agricultural condition of land; ii cultivated in a manner that breached statutory management requirement number 10 in Annex 2 to the 2013 Regulation; or iii obtained from land which does not meet the minimum requirements for good agricultural and environmental condition defined pursuant to Article 94 of the 2013 Regulation. 2 In paragraph (1), a reference to the 2013 Regulation is a reference to— a in relation to biomaterial cultivated in the United Kingdom on or after IP completion day , the 2013 Regulation as it forms part of domestic law; b in any other case, the 2013 Regulation as it has effect in EU law. Calculating a generating station’s renewable output 23 1 Subject to Article 24, the renewable output of a generating station in any month is equal to— a Where the input electricity used by the generating station during that month does not exceed 0.5 per cent of the gross output of that station during that month, A; b In any other case, A × B C 2 In paragraph (1)— a A is equal to C × D E where— i C is the gross output of the generating station during the month in question; ii D is the energy content of all of the renewable sources used in generating that station’s gross output during that month, less the energy content of— aa any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of sub-paragraph (bb) or (dd) is in part composed); bb any of those renewable sources which is Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass); cc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . dd except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed; iii E is the energy content of all of the fuels used in generating that station’s gross output that month. b B is the gross output of that station during that month less the input electricity it uses during that month; c C has the same meaning as in sub-paragraph (a)(i). 3 Paragraphs (4) to (4E) apply for the purposes of Article 22 and Part 6. 4 In any month where the renewable output of the station is generated in a single way the proportion of the station’s renewable output in that month which is generated using— a pre-2013 capacity is P N ; b 2013/14 capacity is Q N ; c 2014/15 capacity is R N ; d 2015/16 capacity is S N ; e post-2016 capacity is T N . 4A In any month where pre-2013 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways the proportion of the station’s renewable output in that month which is generated in each of those ways using pre-2013 capacity— a in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is; M N × P N ; b in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is; H I × J L × P N ; c in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2 is; H I × K L × P N ; d in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is F G × P N . 4B In any month where 2013/14 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways, the proportion of this station’s renewable output in that month which is generated in each of these ways using 2013/14 capacity— a in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is M N × Q N ; b in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is H I × J L × Q N ; c in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is H I × K L × Q N ; d in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is F G × Q N . 4C In any month where 2014/15 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways; the proportion of the station’s renewable output in that month which is generated in each of those ways using 2014/15 capacity— a in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is M N × R N ; b in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is H I × J L × R N ; c in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is H I × K L × R N ; d in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is F G × R N . 4D In any month where 2015/16 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways the proportion of the station’s renewable output in that month which is generated in each of those ways using 2015/16 capacity— a in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is M N × S N ; b in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is H I × J L × S N ; c in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is H I × K L × S N ; d in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is F G × S N . 4E In any month where post-2016 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways, the proportion of the station’s renewable output in that month which is generated in each of those ways using post-2016 capacity— a in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is M N × T N ; b in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is H I × J L × T N ; c in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is H I × K L × T N ; d in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is F G × T N . 5 In paragraphs (4) to (4E)— a F is the energy content of the renewable sources used when generating electricity in that way during that month less the energy content of— i any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraph (ii) or (iii) is in part composed); ii any of those renewable sources which is Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass); iii except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed; b G is the energy content of all of the renewable sources used in generating the station’s gross output during that month less the energy content of— i any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraph (ii) or (iii) is in part composed); ii any of those renewable sources which is a Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass); iii except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed; c H is the energy content of the mixed gas used when generating the station’s renewable output during that month; d I is the energy content of all of the renewable sources used in generating the station’s renewable output during that month; e J is the dry mass of— i any waste which constitutes a renewable source (other than sewage), and ii any biomass (other than sewage), from which the mixed gas used in generating the station’s renewable output during that month is formed, less the dry mass of any digestible fossil fuel from which that waste or biomass is in part composed; f K is the dry mass of the sewage from which the mixed gas used in generating the station’s renewable output during that month is formed; g L is the dry mass of all of the material from which the mixed gas used in generating the station’s renewable output during that month is formed, less the dry mass of any digestible fossil fuel from which that material is in part composed; h M is the maximum capacity in that month at which the station could generate electricity in that way for a sustained period without causing damage to the station (assuming the heat used by the station to generate electricity was available to it without interruption); i N is the total installed capacity of the station in that month; j P is the total installed capacity of the pre-2013 capacity of the station in that month; k Q is the total installed capacity of the 2013/14 capacity of the station in that month; l R is the total installed capacity of the 2014/15 capacity of the station in that month; m S is the total installed capacity of the 2015/16 capacity of the station in that month; n T is the total installed capacity of the post-2016 capacity of the station in that month. 6 In this Article — “dry mass”, in relation to a fuel, means the mass of the fuel when any water present in it has been removed; “excepted generating station” means a generating station— which was accredited on or before 31st March 2011; which, since being accredited, has not ceased to be accredited at any time; and in respect of which, if it was not accredited as at 31st March 2009, preliminary accreditation was held on and from that date until the date on which it was accredited; “gross output”, in relation to a generating station, means the total amount of electricity generated by that station; “input electricity” has the same meaning as in Article 22; “mixed gas” means gas formed by the anaerobic digestion of sewage together with— Waste which constitutes a renewable source (other than sewage), or Biomass (other than sewage). 7 Any reference in this Article to a way of generating renewable output is a reference to— a one of the ways of generating electricity described in Schedule 2, b generating electricity in the way described in Article 26D(1)(c), c generating electricity in the way described in Article 26E(1)(c), d generating electricity from renewable sources in a way not falling within sub-paragraph (a), (b) or (c). Renewable output of a qualifying combined heat and power generating station 24 1 For the purposes of determining the renewable output of a qualifying combined heat and power generating station in any month during which it generates electricity from waste (other than waste which constitutes biomass or is used for permitted ancillary purposes or is an advanced fuel , or is in the form of a liquid or gaseous fuel produced by means of ... anaerobic digestion), Article 23 applies subject to the following modifications. 2 For paragraph (2)(a)(ii) of Article 23 substitute— ii D is the energy content of all of the renewable sources used in generating that station’s gross output during that month, less the energy content of— aa any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of sub-paragraph (cc) is in part composed); bb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cc except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed, multiplied by the proportion which the qualifying power output of that station bears to its total power; . 3 For paragraphs (5)(a) and (5)(b) of that Article, substitute— a F is the energy content of the renewable sources used when generating electricity in that way during that month less the energy content of— i any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraph (ii) is in part composed); ii except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed; b G is the energy content of all of the renewable sources used in generating the station’s gross output during that month less the energy content of— i any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraph (ii) is in part composed); ii except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed; . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6 Banding and Grandfathering The amount of electricity to be stated in each NIROC 25 1 Each NIROC is to state the amount of electricity in respect of which it has been issued. 2 The amount of electricity to be stated in each NIROC depends on— a the way in which the electricity in respect of which it is to be issued has been generated, and b the type of generating capacity used to generate the electricity in respect of which the NIROC is to be issued. 3 Subject to Articles 26 to 30, the amount of electricity to be stated in each NIROC is to be determined in accordance with paragraphs (4) to (10). 4 Each NIROC to be issued in respect of electricity generated— a using 2013/14 capacity, and b in a way described in the first column of Part 2A of Schedule 2, must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule. 5 Each NIROC to be issued in respect of electricity generated— a using 2013/14 capacity, and b in a way described in the first column of Part 2A of Schedule 2, must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule. 6 Each NIROC to be issued in respect of electricity generated— a using 2014/15 capacity, and b in a way described in the first column of Part 2A of Schedule 2, must state the amount of electricity which corresponds to that description in the third column of that Part of that Schedule. 7 Each NIROC to be issued in respect of electricity generated— a using 2015/16 capacity, and b in a way described in the first column of Part 2B of Schedule 2, must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule. 8 Each NIROC to be issued in respect of electricity generated— a using post-2016 capacity, and b in a way described in the first column of Part 2B of Schedule 2, must state the amount of electricity which corresponds to that description in the third column of that Part of that Schedule. 9 The amount of electricity to be stated in each NIROC to be issued in respect of electricity generated— a using pre–2013 capacity, and b in a way which is not described in the first column of Part 2 of Schedule 2, is 1 megawatt hour. 10 The amount of electricity to be stated in each NIROC to be issued in respect of electricity generated— a using 2013/14 capacity, 2014/15 capacity, 2015/16 capacity or post-2016 capacity, and b in a way which is not described in the first column of Part 2A or Part 2B of Schedule 2, is 1 megawatt hour. Electricity generated by qualifying combined heat and power generating stations 26 1 This Article applies to electricity— a which is generated by a qualifying combined heat and power generating station in a way described in the first column of Part 2C of Schedule 2, b to which none of Articles 26A to 26E apply, and c which is generated by a generating station to which Article 27 does not apply. 2 Subject to paragraphs (3) to (7), the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is to be determined in accordance with Article 25(4) to (8). 3 Where electricity to which this Article applies is generated using pre-2013 capacity, the amount of electricity to be stated in each NIROC is— a in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; and b in respect of the remainder of that electricity, the amount of electricity in the third column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule. 4 Where a declaration has been made in accordance with paragraph (8) in respect of the 2013/15 capacity of a station, and electricity to which this Article applies is generated by that station using 2013/15 capacity, the amount of electricity to be stated in each NIROC is— a in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; and b in respect of the remainder of that electricity, the amount of electricity in the third column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule. 5 Where a declaration has been made in accordance with paragraph (8) in respect of the summer 2015/16 capacity of a station, and electricity to which this Article applies is generated by that station using summer 2015/16 capacity, the amount of electricity to be stated in each NIROC is— a in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; and b in respect of the remainder of that electricity, the amount of electricity in the third column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule. 6 Where a declaration has been made in accordance with paragraph (8) in respect of the winter 2015/16 capacity of a station, and electricity to which this Article applies is generated by that station using winter 2015/16 capacity, the amount of electricity to be stated in each NIROC is— a in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2D of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; and b in respect of the remainder of that electricity, the amount of electricity in the third column of Part 2D of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule. 7 Where a declaration has been made in accordance with paragraph (8) in respect of the post-2016 capacity of a station, and electricity to which this Article applies is generated by that station using post-2016 capacity, the amount of electricity to be stated in each NIROC is— a in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2E of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; and b in respect of the remainder of that electricity, the amount of electricity in the third column of Part 2E of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule. 8 A declaration is made in accordance with this paragraph if it meets the following conditions— a it is made by the operator of the generating station to the Authority in writing, b it is made in respect of the 2013/15 capacity, summer 2015/16 capacity, winter 2015/16 capacity or post-2016 capacity of the station, c in the case of a declaration made in respect of the 2013/15 capacity of the station, it confirms that— i 2013/15 capacity forms part of the total installed capacity of the station, and ii support has not been given under any relevant scheme for heat produced by the use of that generating capacity, d in the case of a declaration made in respect of the summer 2015/16 capacity of the station, it confirms that— i summer 2015/16 capacity forms part of the total installed capacity of the station, and ii support has not been given under any relevant scheme for heat produced by the use of that generating capacity, e in the case of a declaration made in respect of the winter 2015/16 capacity of the station it confirms that— i winter 2015/16 capacity forms part of the total installed capacity of the station, and ii none of the heat produced by the use of the winter 2015/16 capacity is eligible for support under a relevant scheme for reasons that include one or both of the following— aa the way in which the station generates electricity; bb the biomass, bioliquid or energy crops used by the station to generate electricity. f in the case of a declaration made in respect of the post-2016 capacity of the station, it confirms that— i post-2016 capacity forms part of the total installed capacity of the station, and ii none of the heat produced by the use of the post-2016 capacity is eligible for support under a relevant scheme for reasons that include one or both of the following— aa the way in which the station generates electricity; bb the biomass, bioliquid or energy crops used by the station to generate electricity, and g it states that, for so long as the station generates electricity in respect of which NIROCs may be issued, the operator of the station will not claim support under any relevant scheme for heat produced by the station using the type of generating capacity in respect of which the declaration is made. 9 In this Article, “summer 2015/16 capacity” means— a in relation to a generating station accredited on or before 31st March 2015, any capacity which— i in the Authority’s view, forms part of the station from a date no earlier than 1st April 2015 and no later than 30th September 2015, and ii does not form part of the capacity of the station as accredited; b in relation to a generating station which— i was not accredited on or before 31st March 2015, and ii was accredited on or before 30th September 2015, the capacity of the station as accredited together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 30th September 2015. 10 In this Article, “winter 2015/16 capacity” means— a in relation to a generating station accredited on or before 30th September 2015, any capacity which— i in the Authority’s view, forms part of the station from a date no earlier than 1st October 2015 and no later than 31st March 2016, and ii does not form part of the capacity of the station as accredited; b in relation to a generating station which— i was not accredited on or before 30th September 2015, and ii was accredited on or before 31st March 2016, the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31st March 2016. 11 A declaration made in accordance with paragraph (8) cannot be withdrawn. 12 In this Article, “relevant scheme” means a scheme established by the Department in exercise of the power in section 113(1)(a) of the Energy Act 2008 . 13 This Article is subject to Article 30. High-range co-firing in the 2013/14 obligation period 26A 1 This Article applies to electricity which is generated— a before 1st April 2014, b in the way described as “high-range co-firing” in Schedule 2, and c by a generating station to which Article 27 does not apply. 2 Subject to paragraph (4), the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is 10 7 of a megawatt hour. 3 Paragraph (4) applies to electricity to which this Article applies which is generated— a in the way described as “high-range co-firing with CHP” in Schedule 2, and b using— i pre-2013 capacity, or ii 2013/15 capacity in respect of which a declaration has been made in accordance with Article 26(8). 4 Where this paragraph applies, the amount of electricity to be stated in each NIROC is— a in respect of the qualifying proportion of the electricity to which this paragraph applies, 5 6 of a megawatt hour; and b in respect of the remainder of the electricity to which this paragraph applies, 10 7 of a megawatt hour. 5 This Article is subject to Article 30. Co-firing of regular bioliquid in the 2013/14 and 2014/15 obligation periods 26B 1 This Article applies to electricity which is generated— a before 1st April 2015, b in the way described as “co-firing of regular bioliquid” in Schedule 2, and c by a generating station to which Article 27 does not apply. 2 Subject to paragraph (4), the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is 10 3 of a megawatt hour. 3 Paragraph (4) applies to electricity to which this Article applies which is generated— a in the way described as “co-firing of regular bioliquid with CHP” in Schedule 2, and b using— i pre-2013 capacity, or ii 2013/15 capacity in respect of which a declaration has been made in accordance with Article 26(8). 4 Where this paragraph applies, the amount of electricity to be stated in each NIROC is— a in respect of the qualifying proportion of the electricity to which this paragraph applies, 5 4 of a megawatt hour; and b in respect of the remainder of the electricity to which this paragraph applies, 10 3 of a megawatt hour. 5 This Article is subject to Article 30. Low-range co-firing in the 2013/14 and 2014/15 obligation periods 26C 1 This Article applies to electricity which is generated— a before 1st April 2015, b in the way described as “low-range co-firing” in Schedule 2, and c by a generating station to which Article 27 does not apply. 2 Subject to paragraph (4), the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is 10 3 of a megawatt hour. 3 Paragraph (4) applies to electricity to which this Article applies which is generated— a in the way described as “low-range co-firing with CHP” in Schedule 2, and b using— i pre-2013 capacity, or ii 2013/15 capacity in respect of which a declaration has been made in accordance with Article 26(8). 4 Where this paragraph applies, the amount of electricity to be stated in each NIROC is— a in respect of the qualifying proportion of the electricity to which this paragraph applies, 5 4 of a megawatt hour; and b in respect of the remainder of the electricity to which this paragraph applies, 10 3 of a megawatt hour. 5 This Article is subject to Articles 26D, 26E and 30. Low-range co-firing of relevant energy crops 26D 1 This Article applies to electricity which is generated— a before 1st April 2019, b by a generating station to which Article 27 does not apply, and c from relevant energy crops burned in a combustion unit in a month in which— i the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month, and ii the generating station generates electricity partly from fossil fuel and partly from renewable sources. 2 The amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is— a in the case of electricity generated before 1st April 2015, 5 4 of a megawatt hour; and b in the case of electricity generated on or after 1st April 2015, 1 megawatt hour. 3 Paragraphs (a), (b) and (d) of paragraph 1(2) of Part 1 of Schedule 2 apply for the purposes of this Article as they apply for the purposes of that Schedule. 4 In this Article, “relevant energy crops” means energy crops which are supplied to the operator of a generating station in accordance with an agreement made— a in writing, b before 23rd October 2012, and c between the owner or operator of the generating station and a person who is not connected to the owner or operator of the station within the meaning of section 1122 of the Corporation Tax Act 2010. 5 This Article is subject to Articles 26E and 30. Low-range co-firing of relevant energy crops with CHP 26E 1 This Article applies to electricity which is generated— a before 1st April 2019, b by a qualifying combined heat and power generating station to which Article 27 does not apply, c from relevant energy crops burned in a combustion unit in a month in which— i the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month, ii the generating station generates electricity partly from fossil fuel and partly from renewable sources, and iii the fossil fuel and the relevant energy crops have been burned in separate combustion units, and d using— i pre-2013 capacity, or ii 2013/15 capacity, 2015/16 capacity or post-2016 capacity in respect of which a declaration has been made in accordance with Article 26(8). 2 Paragraph (3) applies to electricity to which this Article applies which is generated before 1st April 2015. 3 Where this paragraph applies, the amount of electricity to be stated in each NIROC is— a in respect of the qualifying proportion of the electricity to which this paragraph applies, 10 13 of a megawatt hour; and b in respect of the remainder of the electricity to which this paragraph applies, 5 4 of a megawatt hour. 4 Paragraph (5) applies to electricity to which this Article applies which is generated on or after 1st April 2015. 5 Where this paragraph applies, the amount of electricity to be stated in each NIROC is— a in respect of the qualifying proportion of the electricity to which this paragraph applies, 2 3 of a megawatt hour; and b in respect of the remainder of the electricity to which this paragraph applies, 1 megawatt hour. 6 Paragraphs (a), (b) and (d) of paragraph 1(2) of Part 1 of Schedule 2 apply for the purposes of this Article as they apply for the purposes of that Schedule. 7 In this Article, “relevant energy crops” has the same meaning as in Article 26D. 8 This Article is subject to Article 30. Microgenerators and qualifying new small scale generators 27 1 This Article applies to a generating station which— a is an accredited microgenerator, b has not had a total declared net capacity in excess of 50 kilowatts at any time after 31st March 2009, and c is not a qualifying new onshore wind station or a qualifying new hydro station or a qualifying new solar photovoltaic station or a qualifying new anaerobic digestion station. 2 The amount of electricity to be stated in each NIROC issued in respect of electricity generated— a by a generating station to which this Article applies, and b using— i pre-2013 capacity, or ii 2013/14 capacity, or iii 2014/15 capacity, is 1 2 of a megawatt hour. 3 The amount of electricity to be stated in each NIROC issued in respect of electricity generated— a by a generating station to which this Article applies, and b using 2015/16 capacity, is 10 19 of a megawatt hour. 4 The amount of electricity to be stated in each NIROC issued in respect of electricity generated— a by a generating station to which this Article applies, and b using post-2016 capacity, is 5 9 of a megawatt hour. 5 In this Article and in Articles 27A to 27C— “2010/2015 qualifying new solar photovoltaic station” means a generating station which— generates electricity from the direct conversion of sunlight to electricity, was accredited after 31st March 2010 and before 1st October 2015, and has not had a declared net capacity in excess of 250 kilowatts at any time after 31st March 2010; “2015/2016 qualifying new solar photovoltaic station” means a generating station which— generates electricity from the direct conversion of sunlight to electricity, was accredited after 30th September 2015 and before 1st October 2016, and has not had a declared net capacity in excess of 250 kilowatts at any time after 30th September 2015; “2016/2017 qualifying new solar photovoltaic station” means a generating station which— generates electricity from the direct conversion of sunlight to electricity, was accredited after 30th September 2016, and has not had a declared net capacity in excess of 250 kilowatts at any time after 30th September 2016; “qualifying new hydro station” means a hydro generating station which— was first accredited after 31st March 2010, and has not had a declared net capacity in excess of 5 megawatts at any time after 31st March 2010; “qualifying new onshore wind station” means a generating station which— generates electricity from onshore wind, was accredited after 31st March 2010, and has not had a declared net capacity in excess of 5 megawatts at any time after 31st March 2010; “qualifying new solar photovoltaic station” means— a 2010/2015 qualifying new solar photovoltaic station, a 2015/2016 qualifying new solar photovoltaic station, and a 2016/2017 qualifying new solar photovoltaic station; “qualifying new anaerobic digestion station”, means a generating station which— generates electricity from gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill, was first accredited after 31st March 2011, and has not had a declared net capacity in excess of 5 megawatts at any time after 31st March 2011. 6 This Article is subject to Article 30. Qualifying new onshore wind stations and qualifying new solar photovoltaic stations 27A 1 This Article applies to a generating station which is— a a qualifying new onshore wind station; or b a qualifying new solar photovoltaic station. 2 The amount of electricity to be stated in each NIROC to be issued in respect of electricity generated by a qualifying new onshore wind station to which this Article applies is— a in relation to a station which has not had a declared net capacity in excess of 250 kilowatts at any time after 31st March 2010, ¼ megawatt hour; b in relation to a station which has had a declared net capacity in excess of 250 kilowatts but not exceeding 5 megawatts at any time after 31st March 2010, 1 megawatt hour. 3 The amount of electricity to be stated in each NIROC to be issued in respect of electricity generated by a qualifying new solar photovoltaic station to which this Article applies is— a in relation to a 2010/2015 qualifying new solar photovoltaic station which has not had a declared net capacity in excess of 50 kilowatts at any time after 31st March 2010, 1 4 of a megawatt hour; b in relation to a 2015/2016 qualifying new solar photovoltaic station which has not had a declared net capacity in excess of 50 kilowatts at any time after 30th September 2015, 1 3 of a megawatt hour; c in relation to a 2016/2017 qualifying new solar photovoltaic station which has not had a declared net capacity in excess of 50 kilowatts at any time after 30th September 2016, 1 2 of a megawatt hour; d in relation to a qualifying new solar photovoltaic station which has had a declared net capacity in excess of 50 kilowatts but not exceeding 250 kilowatts at any time after 31st March 2010, 1 2 of a megawatt hour. Qualifying new hydro stations 27B 1 This Article applies to a generating station which is a qualifying new hydro station. 2 The amount of electricity to be stated in each NIROC which is issued in respect of electricity generated by a generating station to which this Article applies is— a in relation to a qualifying new hydro station which has not had a declared net capacity in excess of 20 kilowatts at any time after 31st March 2010, ¼ megawatt hour; b in relation to a qualifying new hydro station which has had a declared net capacity in excess of 20 kilowatts but not in excess 250 kilowatts at any time after 31st March 2010, ⅓ megawatt hour; c in relation to a qualifying new hydro station which has had a declared net capacity in excess of 250 kilowatts but not in excess of 1 megawatt at any time after 31st March 2010, ½ megawatt hour; d in relation to a qualifying new hydro station which has had a declared net capacity in excess of 1 megawatt but not in excess of 5 megawatts at any time after 31st March 2010, 1 megawatt hour. Qualifying new anaerobic digestion stations 27C 1 This Article applies to a generating station which is a qualifying new anaerobic digestion station. 2 The amount of electricity to be stated in each NIROC which is issued in respect of electricity generated by a generating station to which this Article applies is— a in relation to a qualifying new anaerobic digestion station which has not had a declared net capacity in excess of 500 kilowatts at any time on or after 26th April 2010, ¼ megawatt hour; b in relation to a qualifying new anaerobic digestion station which has had a declared net capacity in excess of 500 kilowatts at any time on or after 26th April 2010, ⅓ megawatt hour. Microgeneration Certification Scheme 27D 1 This Article applies to a generating station which- a is a microgenerator; b was first accredited after 31 st March 2011; and is c an onshore wind station; or a solar photovoltaic station. 2 Accreditation of a generating station to which this Article and either Article 27 or 27A applies is conditional upon the operator of the generating station providing to the Authority an MCS certificate which confirms that the plant or apparatus have been installed in compliance with MCS criteria. Generating stations which were accredited as at 11th July 2006 28 1 This Article applies to electricity which is generated— a by a generating station— i which was accredited as at 11th July 2006, ii which has not ceased to be accredited since that date, and iii to which Article 27 does not apply, b using pre-2013 capacity, and c in one of the ways described in the first column of Part 3 of Schedule 2. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is (subject to paragraphs (4) to (6)) the amount in the second column of Part 3 of Schedule 2 which corresponds to the description in the first column of that Part of that Schedule of the way in which the electricity was generated. 4 Where, at the time it generates the electricity, the generating station’s total installed capacity is greater than it was on 11th July 2006, paragraph (3) applies only in relation to NIROCs which are to be issued in respect of— a where electricity generated using the total installed capacity of the station as at 11th July 2006 (“the original capacity”) is measured separately from electricity generated using capacity which has been added to the station since that date (“additional capacity”), the electricity to which this Article applies which is generated using the station’s original capacity; b in any other case, the appropriate percentage of the electricity to which this Article applies (the appropriate percentage for these purposes being the total installed capacity of the station as at 11th July 2006 expressed as a percentage of the total installed capacity of the pre-2013 capacity of the station as at the date of generation of the electricity). 5 In relation to the remainder of the electricity to which this Article applies , the amount of electricity to be stated in each NIROC is to be determined in accordance with Article 25(4) ...except to the extent that the electricity— a is generated using additional capacity which was operational before 1st April 2011 (“relevant additional capacity”); and b is generated in a way described in the first column of Part 4 of Schedule 2. 6 Where the electricity to which this Article applies is generated using relevant additional capacity in a way described in the first column of Part 4 of Schedule 2, the amount of electricity to be stated in each NIROC which is to be issued in respect of that electricity is the amount which corresponds to that description in the second column of that Part of that Schedule. 7 In paragraphs (5) and (6), the reference to electricity being generated using relevant additional capacity is a reference to— a where electricity generated using relevant additional capacity is measured separately from electricity generated otherwise than by using such capacity, the electricity which is generated using that capacity; b in any other case, the appropriate percentage of the electricity to which this Article applies (the appropriate percentage for these purposes being the relevant additional capacity of the station at the date of generation of the electricity expressed as a percentage of the total installed capacity of the pre-2013 capacity at that date). 8 This Article is subject to Article 30. Wave and tidal stream generating stations 28A 1 This Article applies to electricity which is generated— a using 2012/17 marine capacity, and b by a generating station to which Article 27 does not apply. 2 Where the total installed capacity of the 2012/17 marine capacity of the station does not exceed 30 megawatts as at the date of the generation of the electricity, the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is 1 5 of a megawatt hour. 3 Where the total installed capacity of the 2012/17 marine capacity of the station exceeds 30 megawatts as at the date of the generation of the electricity, the amount of electricity to be stated in each NIROC— a issued in respect of the relevant proportion of the electricity to which this Article applies, is 1 5 of a megawatt hour; b issued in respect of the remainder of the electricity to which this Article applies, is to be determined in accordance with Article 25(4) to (8). 4 In any month where 2012/17 marine capacity forms part, but not the whole, of the total installed capacity of a generating station, the proportion of the station’s renewable output which, for the purposes of paragraphs (2) and (3), is generated using 2012/17 marine capacity is A B . 5 In paragraph (4)— a A is the total installed capacity of the 2012/17 marine capacity in the month in question; and b B is the total installed capacity of the station in the month in question. 6 In this Article— “2012/17 marine capacity”, in relation to a generating station, means any capacity which— generates electricity from the capture of the energy created from— the motion of naturally occurring tidal currents in water, or the motion of naturally occurring waves on water, in the Authority’s view, forms part of the station from a date no earlier than 1st April 2012 and no later than 31st March 2017, has, on or before 31st March 2017, generated electricity in respect of which NIROCs may be issued, and in the case of a generating station accredited on or before 31st March 2012, does not form part of the capacity of the station as accredited; “the relevant proportion”, in relation to electricity generated using the 2012/17 marine capacity of a generating station, is the proportion which 30 megawatts bears to the total installed capacity of the 2012/17 marine capacity as at the date of generation of the electricity; “total installed capacity”, in relation to 2012/17 marine capacity, means the maximum capacity at which the 2012/17 marine capacity could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption). 7 This Article is subject to Article 30. Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009 29 1 Subject to paragraph (3), this Article applies to electricity which is generated— a by a generating station— i which was accredited as at 31st March 2009, ii which has not ceased to be accredited since that date, and iii to which Article 27 does not apply, b in one of the ways described in the first column of Part 4 of Schedule 2, and c using pre-2013 capacity. 2 Subject to paragraph (3), this Article also applies to electricity which is generated— a by a generating station— i which was accredited on or before 31st March 2011, ii which, since being accredited, has not ceased to be accredited at any time, iii in respect of which preliminary accreditation was held— aa as at 31st March 2009, and bb from that date until the date on which the station was accredited, and iv to which Article 27 does not apply, b in one of the ways described in the first column of Part 4 of Schedule 2, and c using pre-2013 capacity. 3 This Article does not apply to electricity to which Article 28 applies. 4 The amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is (subject to paragraph (5)) the amount in the second column of Part 4 of Schedule 2 which corresponds to the description in the first column of that Part of that Schedule of the way in which the electricity was generated. 5 Where, at any time it generates electricity after 31st March 2011, the generating station’s total installed capacity is greater than it was on 31st March 2011, paragraph (4) applies only in relation to NIROCs which are to be issued in respect of— a where electricity generated using the total installed capacity of the station as at 31st March 2011 (“the original capacity”) is measured separately from electricity generated using capacity which has been added to the station since that date, the electricity to which this Article applies which is generated using the station’s original capacity; b in any other case, the appropriate percentage of the electricity to which this Article applies (the appropriate percentage for these purposes being the total installed capacity of the station as at 31st March 2011 expressed as a percentage of the total installed capacity of the pre-2013 capacity of the station as at the date of generation of the electricity). 6 In relation to the remainder of the electricity to which this Article applies , the amount of electricity to be stated in each NIROC is to be determined in accordance with Article 25(4) .... 7 This Article is subject to Article 30. Qualifying existing onshore wind stations and qualifying existing solar photovoltaic stations 29A 1 This Article applies to a qualifying existing onshore wind station or a qualifying existing solar photovoltaic station. 2 For the purposes of paragraph (1) a “ qualifying existing onshore wind station ” means a generating station which— i generates electricity from onshore wind, ii was accredited on or before 31st March 2010, and iii has not had a declared net capacity in excess of 250 kilowatts at any time after 31st March 2010; b “ qualifying existing solar photovoltaic station ” means a generating station which— i generates electricity from the direct conversion of sunlight into electricity, ii was accredited on or before 31st March 2010, and iii has not had a declared net capacity in excess of 50 kilowatts at any time after 31st March 2010; 3 Subject to paragraph (4) Articles 25(4) and (5), 27 and 28 (as appropriate) shall apply for the purposes of determining the amount of electricity to be stated in each NIROC which is issued in respect of electricity generated by a generating station to which this Article applies. 4 Where, at the time it generates electricity, to which a NIROC relates, the total installed capacity of a generating station to which this Article applies is greater than it was on 31st March 2010— a the provisions referred to in paragraph (3) apply only in relation to NIROCs which are to be issued in respect of electricity generated using the station’s original capacity; and b the amount of electricity to be stated in each NIROC which is issued in respect of electricity generated using the station’s additional capacity is ¼ megawatt hour. 5 In this Article and Article 29B— “ additional capacity ” means capacity which does not form part of the capacity of the station as at 31 st March 2010 “ original capacity ” means, in the case of an existing generating station, the capacity of the station as accredited and any additional capacity which (in the Authority’s view) formed part of the station as at 31 st March 2010. 6 Where electricity generated by a generating station using additional capacity is not measured separately from electricity generated by it using its original capacity, the electricity generated by it which is to be treated (for the purposes of paragraphs (3) and (4)) as having been generated using the relevant additional capacity is the relevant percentage (the appropriate percentage for these purposes being the additional capacity of the station expressed as a percentage of the total installed capacity of the station as at the date of the generation of the electricity). Qualifying existing hydro stations 29B 1 This Article applies to a generating station which is a qualifying existing hydro station, that is to say; a hydro generating station which was accredited on or before 31st March 2010 and has not had a declared net capacity in excess of 1 megawatt at any time after 31st March 2010; 2 Subject to paragraph (3) Articles 25(4) and (5), 27 and 28 (as appropriate) shall apply for the purposes of determining the amount of electricity to be stated in each NIROC which is issued in respect of electricity generated by a generating station to which this Article applies.. 3 Where, at the time it generates the electricity, the generating station’s total installed capacity is greater than it was on 31st March 2010— a the provisions referred to in paragraph (2) apply only in relation to NIROCs which are to be issued in respect of electricity generated using the station’s original capacity; and b the amount of electricity to be stated in each NIROC which is issued in respect of electricity generated using the station’s additional capacity is— i in relation to additional capacity which, taken together with the original capacity, does not exceed 20 kilowatts, ¼ megawatt hour; ii in relation to additional capacity which, taken together with the original capacity, exceeds 20 kilowatts but does not exceed 250 kilowatts, ⅓ megawatt hour; iii in relation to additional capacity which, taken together with the original capacity, exceeds 250 kilowatts, ½ megawatt hour. 4 Where electricity generated by a generating station using additional capacity is not measured separately from electricity generated by it using its original capacity, the electricity generated by it which is to be treated (for the purposes of paragraphs (2) and (3)) as having been generated using the relevant additional capacity is the relevant percentage (the appropriate percentage for these purposes being the additional capacity of the station expressed as a percentage of the total installed capacity of the station as at the date of the generation of the electricity. Generating stations in respect of which a statutory grant has been awarded 30 1 This Article applies to a generating station— a in respect of which a statutory grant was awarded on or before 11th July 2006, b which either — i was granted accreditation which took effect after 11th July 2006, or ii generates electricity from biomass or waste (including fuels produced from biomass or waste by means of gasification, pyrolysis or anaerobic digestion), and c which is not a microgenerator. 2 The operation of Articles 25, 26, 28 and 29 in relation to electricity generated by a generating station to which this Article applies is conditional upon the operator of the station agreeing— a if the grant or any part of it has been paid, to repay to the Department or, as the case may be, the Secretary of State on or before 31st March 2011 so much of the grant as has been paid, b to pay to the Department, or as the case may be, the Secretary of State interest on any amount repayable under sub-paragraph (a) for such period, and at such rate, as may be determined by the Department or, as the case may be, the Secretary of State, and c if the grant or any part of it has not yet been paid, to consent to the cancellation of the award of the grant or part. 3 Where a generating station to which this Article applies generates electricity at a time when the operator of the station— a has not so agreed, or b having so agreed, has not produced to the Authority evidence of— i the repayment of all amounts due under paragraph (2)(a) or the payment of all amounts of interest due under paragraph (2)(b), and ii where a grant or any part has been cancelled under paragraph (2)(c), the cancellation of that grant or part, the amount of electricity to be stated in each NIROC issued in respect of that electricity is 1 megawatt hour or the amount determined in accordance with any of Articles 25 to 26E whichever is the greater. 4 In determining how electricity has been generated for the purposes of paragraph (1)(b)(ii), no account is to be taken of any waste which the generating station uses for permitted ancillary purposes. Review of banding provisions 31 1 In this Order, “banding provision” means a provision of Articles 25 to 29. 2 The Department may commence a review of the banding provisions in October 2010 and at subsequent four yearly intervals. 3 The Department may review all or any of the banding provisions at any time if satisfied that one or more of the following conditions is satisfied— a the charges imposed by network operators on persons, or a class of persons, making a request for connection to and use of a transmission or distribution system have changed significantly since the Department made the banding provisions; b the charges imposed by network operators on persons, or a class of person, who generate electricity have changed significantly since the Department made the banding provisions; c a way of generating electricity is being or has been developed that— i is likely to be used to generate from renewable sources electricity which is supplied to customers in Northern Ireland, and ii is not listed in the first column of Part 2, Part 2A or Part 2B of Schedule 2; d there has been a change, since the Department made the banding provisions, in any support, whether financial or otherwise, provided under any enactment other than Articles 52 to 55F of the Energy Order to persons generating electricity from renewable sources and that change is likely to have a significant impact on the generation of electricity from renewable sources; e the costs of generating electricity in any of the ways listed in the first column of Part 2, Part 2A or Part 2B of Schedule 2 are significantly different from the costs of generating electricity in that way to which the Department had regard when making the banding provisions; f there is evidence over a significant period that the provisions of Article 13(3) and (4) are having a material effect on trade in NIROCs referred to in Article 13(3); g in an obligation period the number of NIROCs issued by, produced to or likely to be produced to the Authority exceeds or is likely to exceed the total number of NIROCs required to be produced to the Authority in respect of that obligation period by designated electricity suppliers; h an event has occurred which— i is relevant to the matters set out in Article 54B(4) of the Energy Order, ii was not foreseen by the Department when making the banding provisions, and iii has or is likely to have a material effect on the operation of this Order. 4 In this Article, “network operators” are persons authorised by a licence under Article 10(1) of the Electricity (Northern Ireland) Order 1992 to participate in the transmission of electricity. PART 7 Issue and Revocation of NIROCs Issue of NIROCs to generators and suppliers 32 1 Subject to paragraphs (2) and (3) and Article 33 (issue of NIROCs to agents), the Authority is to issue a NIROC to the operator of the generating station by which the electricity to which the NIROC relates was generated. 2 Where electricity— a is required to be generated by a generating station from renewable sources under a NFFO arrangement, or b in compliance with such an arrangement, is required to be made available to the Company NIROCs are to be issued as set out in paragraph (3). 3 Where by virtue of the NFFO arrangement the Company is entitled to the electricity, NIROCs are to be issued to licensed suppliers notified to the Authority by the Company as being purchasers of the entitlement to receive NIROCs and to each in such numbers as are appropriate to the entitlement to receive NIROCs which the Company notifies the Authority each has purchased in arrangements made by the Company under Article 38 (subject to the total number of NIROCs available to be issued in respect of the electricity). Issue of NIROCs to agents 33 1 This Article applies to a NIROC which certifies the matters within Articles 54 (4) or (6) of the Energy Order (a “relevant NIROC”). 2 Where the generating stations to which the relevant NIROC relates are operated by two or more persons (“the operators”), that NIROC must be issued to an agent appointed for the purpose by the operators. 3 The Authority must be notified in writing of the agent’s appointment, name and address. 4 That notification may be provided to the Authority by the operators (or any of them) or the agent. 5 The Authority must also be notified in writing if the agent’s appointment is terminated. 6 That notification may also be provided to the Authority by the operators (or any of them) or the agent. 7 Where notice is given under paragraph (5) and received by the Authority, the termination shall take effect (subject to paragraph (8)) at the end of the obligation period during which it is given, and until the expiration of that obligation period, the Authority must continue to issue any relevant NIROCs to the agent. 8 Notwithstanding paragraph (7), after the expiration of that obligation period the Authority must continue to issue relevant NIROCs to the agent where those NIROCs relate to electricity generated during that obligation period. 9 Paragraphs (7) and (8) do not apply in any case where the Authority is satisfied, by evidence produced to it, that owing to exceptional circumstances the termination should have immediate effect. 10 Where an agent’s appointment has been terminated the agent is required to return to the operators any relevant information relating to the generation of electricity by their station. 11 Where any provision of this Order requires or permits something to be done by, to or in respect of an agent appointed under this Article and the agent’s appointment is terminated before that thing is done, references to that agent (however framed) are to be construed— a where a successor to the agent has been appointed under this Article, as references to that successor; b in any other case, as references to the operators of the generating stations for whom the agent acted before they terminated the appointment. General criteria for the issue of NIROCs 34 1 Once during each obligation period the person to whom a NIROC is to be issued must confirm to the Authority in writing, whether before or after the generation of the electricity to which the NIROC relates, that that electricity, to the best of the person’s knowledge and belief, has been or (as the case may be) will be— a in the case of a NIROC certifying the matters within Article 54(3) or (4) of the Energy Order, supplied by a designated electricity supplier to customers in Northern Ireland or in the circumstances referred to in paragraph (9) ; b in the case of a NIROC certifying the matters within Article 54(5) or (6) of the Energy Order used in a permitted way. 2 The electricity in respect of which a NIROC is to be issued— a must be generated during a month in which the generating station generating it is accredited under this Order and any conditions to which the accreditation is subject are met; b subject to paragraph (3), must be measured using a meter which, if used for ascertaining the quantity of electricity supplied by an authorised supplier to a customer, would be approved for the purposes of paragraph 3 of Schedule 7 to the Electricity Order; and c must not include electricity in respect of which a renewables obligation certificate— i has already been issued under this Order and has not been revoked; ii has already been issued under an Order made under sections 32 to 32M of the Electricity Act (whether or not it has been revoked). 3 Paragraph (2)(b) does not apply in relation to electricity generated by a generating station the operator of which has agreed with the Authority that estimates may be provided instead of measurements using a meter. 4 Any information which— a is relevant to the question whether a NIROC is to be issued, and b is requested by or required to be provided to the Authority under Article 45 (provision of information to the Authority), must be provided in the form and time requested and must be (in the Authority’s opinion) accurate and reliable. 5 Where such information relates to the fuel used in the generation of that electricity and the fuel did not originate at the generating station, in determining whether that information is accurate and reliable the Authority must have regard to—— a the distance over which the fuel was transported; and b the conditions under which the fuel was prepared and transported. 6 The operator of a generating station which generates electricity by burning fuel in a combustion unit may notify the Authority in writing that, until such time as the notification is withdrawn, the energy content of any biomass burned in that combustion unit will be less than 50% of the energy content of all of the energy sources burned in that combustion unit. 7 A notification under paragraph (9) constitutes sufficient evidence of the fact that the energy content of the biomass burned in the combustion unit referred to in the notification is less than 50% of the energy content of all the energy sources burned in that combustion unit. 8 A notification under paragraph (9) may be withdrawn by a notice— a in writing from the operator of the generating station to the Authority, and b which specifies a date from which the withdrawal of the notification is to take effect. 9 The circumstances referred to in Article 15 and paragraph (1)(a) are— a the electricity in question is sold or intended to be sold by the operator or, as the case may be, by an intermediary acting on his behalf through the SEM Pool; b there exists in relation to each unit of that electricity a relevant arrangement within the meaning of paragraph (10) (and no more than one such arrangement); c the terms of that relevant arrangement shall be materially complied with by the parties thereto. 10 For the purposes of paragraph (9) , a relevant arrangement means an agreement between the operator of the generating station and an electricity supplier which provides that, in relation to the period to which the declaration relates, the electricity supplier— a shall purchase through the SEM Pool not less than an amount of electricity specified in or determined under the agreement being an amount that shall not exceed the amount of electricity sold through the SEM Pool by the operator or, as the case may be, the intermediary in that period; b shall purchase through the SEM Pool a total amount of electricity which is not less than the aggregate of: i the amount of electricity specified in or determined under the agreement; and ii the amount of electricity specified or determined in any other relevant arrangements to which that electricity supplier is a party in respect of that period; and c shall supply to customers in Northern Ireland from the electricity purchased through the SEM Pool a total amount of electricity which is not less than the aggregate of the amounts of electricity referred to in sub-paragraphs (b)(i) and (b)(ii). 11 In this Article— a “SEM Pool” means the wholesale electricity trading and settlement arrangements established by the Trading and Settlement Code. b “Trading and Settlement Code” means the Single Electricity Market Trading and Settlement Code referred to in the SEM Memorandum as that Code may be amended or replaced from time to time. c The “SEM Memorandum” means the Memorandum of Understanding referred to in Article 2(3) of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007. d “intermediary” in relation to the operator of any generating station means the intermediary body, as defined in the Trading and Settlement Code, appointed in respect of that operator. Further criteria applicable to NIROCs certifying matters within Article 54(3) and (4) of the Energy Order 35 1 Once during each obligation period the person to whom a NIROC certifying the matters within Article 54(3) or (4) of the Energy Order is to be issued must confirm to the Authority in writing, whether before or after the generation of the electricity to which the NIROC relates— a that they are not a person who has been a party to an applicable NFFO arrangement (within the meaning of Article 19); b that they are not (and to the best of their knowledge and belief will not during the obligation period in which the confirmation is given become) a person who is a party to an applicable NFFO arrangement (within the meaning of Article 20); and c that they are not (and to the best of their knowledge and belief will not during the obligation period in which the confirmation is given become) a person who is a connected person or a linked person in relation to any such party. 2 Paragraph (1) does not apply where the person to whom the NIROC is to be issued is the Company under Article 32(3). Further criteria applicable to NIROCs certifying matters within Article 54 (4) and (6) of the Energy Order 36 1 Once during each obligation period the person to whom a NIROC certifying the matters within Article 54(4) or (6) is to be issued must confirm to the Authority in writing, whether before or after the generation of the electricity to which the NIROC relates, the matters set out in paragraph (2). 2 The matters set out in this paragraph are— a that each of the generating stations in relation to which the NIROC is to be issued— i is a microgenerator, and ii is accredited as a generating station capable of generating electricity in the same way from the same renewable source, and b where the generating stations in relation to which the NIROC is to be issued are operated by two or more persons (“the operators”), that the operators have each— i appointed the person providing the confirmation to act as agent to receive the NIROC on their behalf in accordance with Article 33 (issue of NIROCs to agents), and ii agreed that their entitlement to NIROCs should be determined in the same way (either on a monthly basis or on an annual basis, depending on whether or not a notice has been given to the Authority under Article 52(2) (modifications of this Order in relation to microgenerators in certain circumstances)). Refusing to issue and revoking NIROCs 37 1 The Authority may refuse to issue a NIROC — a where any criterion in Articles 34 to 36 which relates to that NIROC is not (in its opinion) met; b where any information referred to in Article 34(4) or any confirmation provided to it under this Part is not (in its opinion) accurate and reliable. 2 Where, in relation to any electricity generated by a generating station in a month, the Authority is satisfied that— a any information referred to in Article 34(4) is false; b any confirmation provided to it under this Part is false; or c a NIROC was issued on the basis of any fraudulent behaviour, statement or undertaking on the part of the operator of that generating station or a connected person or, where NIROCs are issued to an agent by virtue of Article 33, that agent, the Authority may revoke all NIROCs issued in respect of that electricity in that month. 3 The Authority must also revoke any NIROC which it has issued where it is satisfied that the NIROC is inaccurate. 4 Where the Authority — a is no longer satisfied that a NIROC is accurate or should have been issued; b has reasonable doubts as to the accuracy or reliability of the information upon which it relied prior to the issue of a NIROC ; or c has been unable, due to a failure or refusal by any person (whether inside or outside Northern Ireland) to provide it with any information reasonably requested by it, to check the accuracy of either a NIROC or any information which it relied upon prior to the issue of a NIROC , it may revoke the NIROC (or another NIROC which is identical in all material respects and which has been issued to the same person). 5 In determining whether to revoke a NIROC under paragraph (3) or (4), the Authority may disregard any changes to the amounts for “gross output” (within the meaning of Article 23) and “input electricity” (within the meaning of Article 22) which were used by it to determine a generating station’s renewable output in a month if satisfied that, in all the circumstances, it is reasonable for it to do so. 6 Where the Authority revokes a NIROC it must delete that NIROC from the Register and as soon as reasonably practicable afterwards give notice in writing of such revocation to the person who was the registered holder of the NIROC at the time of its revocation. 7 This Article is subject to Article 37A(2) to (4). Where NIROCs cannot be revoked 37A 1 A NIROC cannot be revoked where it has been produced to the Authority under Article 5 (the renewables obligation). 2 Nor can a NIROC be revoked by the Authority under Article 37(2) or (4) more than six years after it has been issued. 3 Where the Authority would have revoked a NIROC (“the original NIROC ”) under Article 37(2) or (4) but for the fact that it has already been produced to it under Article 5, the Authority must, subject to paragraph (4), refuse to issue a further NIROC (“the further NIROC ”) in respect of electricity generated by the generating station in relation to which the original NIROC was issued. 4 The Authority shall refuse to issue the further NIROC under paragraph (3) only if the original NIROC was— a issued no more than six years previously, and b not issued to an electricity supplier under Article 32(2) and (3). NIROCs : financial bids 38 1 In the case only of NIROC relating to electricity that has been acquired, or is required to be acquired, under a NFFO arrangement, the Company shall make and implement arrangements within such a period as the Authority may direct— a requiring the determination of the person, being a licensed supplier, to whom the NIROC is to be issued to be made by reference to financial bids made in respect of the NIROC with the person making the highest financial bid being the person to whom the NIROC is to be issued; and b requiring that person to make a payment, in accordance with his bid, to the Company . 2 The Company must conduct itself at all times in relation to the arrangements referred to in paragraph (1) in a manner so as to ensure and satisfy the Authority that it does not show any undue preference or exercise any undue discrimination in relation to any licensed supplier or class of licensed supplier. 3 On each occasion that a licensed supplier is determined as being a person to whom one or more NIROCs should be issued pursuant to paragraph (1) the Company must promptly notify the Authority as to the licensed supplier so determined and in respect of each such notification, the Company shall, either with the notification or as soon as reasonably practicable after the notification, notify the Authority of the number of NIROCs to be issued to that licensed supplier. 4 The Authority may give directions to the Company with regard to the making and implementing of arrangements by the Company under this Article and such directions may specify a date or dates by which the Company shall make and implement such arrangements and the Company shall comply with such directions. PART 8 Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds Interpretation 39 1 In this Part— “buy-out fund” means the fund held by the Authority on the 1st September of the settlement period, being the aggregate of— amounts received by the Authority under Article 40 (those amounts relating to the renewables obligation in the relevant period); amounts held by the Authority by virtue of Articles 43(4)(b) and 44(4); and any interest earnt on those amounts; “compliant United Kingdom supplier” means a United Kingdom supplier which, at the end of the late payment period, has discharged or is treated as if it had discharged in full every UK renewables obligation imposed on it in respect of the relevant period; “GBRO costs” means the costs which have been or are expected to be incurred by the Great Britain authority in connection with the performance of any of its functions conferred by or under sections 32 to 32M of the Electricity Act during a period which in any order made under those articles corresponds to the settlement period; “late payment fund” is the fund held by the Authority on the 1st November of the settlement period, being the aggregate of— amounts received by the Authority during that period under Article 41 (those amounts relating to the renewables obligation in the relevant period); and any interest earnt on those amounts; “late payment period” means the period beginning on the 1st September and concluding on the 31st October in the settlement period; “ NIRO costs” means the costs which have been or are expected to be incurred by the Authority in connection with the performance of any of its functions conferred by or under Articles 52 to 55F of the Energy Order during the settlement period; “non-compliant United Kingdom supplier” means a United Kingdom supplier which, at the end of the late payment period, has not discharged or is not treated as if it had discharged in full every UK renewables obligation imposed on it in respect of the relevant period; “the relevant period” is to be construed in accordance with Article 40(1); “relevant supplier” means an electricity supplier who was a designated electricity supplier in the relevant period and who at the end of the late payment period had discharged or is treated as if he had discharged the whole or part of his renewables obligation for the relevant period; “renewables obligation order” is to be construed in accordance with Article 52(4) of the Energy Order; “the settlement period” is to be construed in accordance with Article 40(1); “total UK buy-out fund” means the fund existing on the 1st September of the settlement period, being the aggregate of—— the buy-out fund held on that date; any fund provided for in a renewables obligation order made under sections 32 to 32M of the Electricity Act which corresponds to the buy-out fund held on that date; “UK renewables obligation” means— the renewables obligation imposed by Article 5 of this Order; or a renewables obligation imposed by a renewables obligation order made under section 32 of the Electricity Act; and “United Kingdom supplier” means a designated electricity supplier; and any electricity supplier on which a UK renewables obligation is imposed under a renewables obligation order made under section 32 of the Electricity Act. 2 In this Part, references to the late payment period, the relevant period and the settlement period, when used in the context of a United Kingdom supplier subject to a UK renewables obligation, are to be construed (where the United Kingdom supplier is not a designated electricity supplier) as references to the period which corresponds to the late payment, relevant or (as the case may be) settlement period in the order under which that UK renewables obligation is imposed. 3 Any sum payable by suppliers under Articles 40(1) or 41(6) is to be rounded to the nearest penny, with any half of a penny being rounded upwards. Payments to discharge the renewables obligation 40 1 A designated electricity supplier may (in whole or in part) discharge his renewables obligation for an obligation period (“the relevant period”) by making a payment to the Authority before the 1st September in the following obligation period (“the settlement period”). 2 The payment referred to in paragraph (1) is an amount equal to £X x (Y – Z) where— a X is the sum which corresponds to a renewables obligation certificate by virtue of paragraph (4); b Y is the number of renewables obligation certificates that the designated electricity supplier, if he makes no payment under paragraph (1), would have to produce to the Authority in order for him to discharge his renewables obligation for the relevant period in full; and c Z is the number of renewables obligation certificates that he has actually produced to the Authority for that period (or, where he has not produced any at all, zero). 3 Where a designated electricity supplier makes a payment to the Authority which is less than the amount calculated under paragraph (2), his renewables obligation for the relevant period will be discharged by that payment to the extent of the appropriate number of renewables obligation certificates, which is the quotient obtained by dividing the payment made by the sum which corresponds to a renewables obligation certificate by virtue of paragraph (4). 4 The sum which corresponds to a renewables obligation certificate (“the buy-out price”) is— a for the relevant period commencing on 1st April 2009, £37.19; and b for each obligation period thereafter, the buy-out price for the previous obligation period increased or, as the case may be, decreased by the percentage increase or decrease in the retail prices index over the 12 month period ending on the 31st December in the previous obligation period (the resulting figure being rounded to the nearest penny, with any half of a penny being rounded upwards). Late Payments to discharge the renewables obligation 41 1 Where a designated electricity supplier fails (in whole or in part) to discharge his renewables obligation for the relevant period before the 1st September in the settlement period, the Authority must notify him of the extent of his default as soon as is reasonably practicable on or after that date. 2 The extent of the designated electricity supplier’s default is an amount equal to the amount calculated under Article 40(2) less any amount that the designated electricity supplier has actually paid to the Authority under Article 40. 3 Interest is payable on that amount (or, where all or part of it is paid to the Authority before the end of the late payment period, such part of that amount as remains unpaid) during the late payment period. 4 That interest shall be calculated on a daily basis at 5 percentage points above the base rate charged by the Bank of England on the first day of the late payment period. 5 Any payment made by a designated electricity supplier towards discharging his default under paragraph (2) will be applied first to any interest that is payable under paragraph (3). 6 If, by the end of the late payment period, the designated electricity supplier has paid to the Authority under this Article the amount referred to in paragraph (2) and all interest required to be paid on that amount under paragraph (3), he shall be treated as having discharged his renewables obligation for the relevant period. 6A If, by the end of the late payment period, the designated electricity supplier has not paid to the Authority the amount referred to in paragraph (2) and all interest required to be paid on that amount under paragraph (3), the supplier will not have discharged its renewables obligation for the relevant period. 7 The Authority must not, during the late payment period, impose a penalty under Article 45 of the Energy Order on any supplier in respect of that supplier’s failure to discharge his renewables obligation in full before the 1st September in the settlement period. Dealing with the buy-out fund: payments into the Consolidated Fund and to the Great Britain authority 42 1 Subject to paragraph (2), before the 1st November in the settlement period the Authority must pay— a into the Consolidated Fund the proportion of the buy-out fund which is equal to the proportion which the NIRO costs bear to the total UK buy-out fund; and b to the Great Britain authority the proportion of the buy-out fund which is equal to the proportion which the GBRO costs bear to the total UK buy-out fund. 2 Where the aggregate of the amounts to be paid by the Authority under paragraph (1) would exceed the buy-out fund, before the 1st November of the settlement period the Authority must pay the buy-out fund into the Consolidated Fund and to the Great Britain authority in the same ratio as the NIRO costs bear to the GBRO costs. 3 Where any amount to be paid under paragraph (1) or (2) is not a whole number when expressed in terms of pounds sterling, it is to be rounded down to the nearest pound sterling. 4 Where the buy-out fund exceeds the aggregate of the amounts to be paid by the Authority under paragraph (1), the Authority must pay the balance of the buy-out fund to United Kingdom suppliers under and in accordance with Article 44 by the 1st November in the settlement period. Dealing with the late payment fund: payments into the Consolidated Fund and to the Great Britain authority 43 1 Subject to paragraph (2), where the buy-out fund has been paid into the Consolidated Fund and to the Great Britain authority under Article 42(2), before the 1st January of that settlement period the Authority must pay from the late payment fund— a into the Consolidated Fund an amount which is equal to the difference between the amount that was paid into the Consolidated Fund under Article 42(2) and the amount that would have been paid into it under Article 42(1) had the aggregate of the amounts to be paid by the Authority under Article 42(1) not exceeded the buy-out fund; and b to the Great Britain authority an amount which is equal to the difference between the amount that was paid to it under Article 42(2) and the amount that would have been paid to it under Article 42(1) had the aggregate of the amounts to be paid by the authority under Article 42(1) not exceeded the buy-out fund. 2 Where the aggregate of the amounts to be paid by the Authority under paragraph (1) would exceed that late payment fund, before the 1st January of the settlement period the Authority must pay the late payment fund into the Consolidated Fund and to the Great Britain authority in the same ratio as the NIRO costs bear to the GBRO costs. 3 Where any amount to be paid under paragraph (1) or (2) is not a whole number when expressed in terms of pounds sterling, it must be rounded down to the nearest pound sterling. 4 Where, after any payments required to be made during the settlement period under paragraph (1) or (2) have been made, the Authority— a holds more than £50,000 in the late payment fund, the Authority must pay the late payment fund to United Kingdom suppliers under and in accordance with Article 44 by the 1st January in the settlement period; b hold £50,000 or less in the late payment fund, the Authority must retain that money, which is to constitute part of the buy-out fund held in the obligation period immediately following the settlement period. Dealing with the buy-out and late payment funds: payments to United Kingdom suppliers 44 1 Each United Kingdom supplier must be paid a proportion of the amount (if any) that the Authority is required to pay to United Kingdom suppliers by virtue of Article 42(4) or 43(4)(a) by the dates in the settlement period specified in those Articles. 2 The proportion referred to in paragraph (1) is A ÷ B where— a A is the number of renewables obligation certificates presented by the United Kingdom supplier to the Authority or the Great Britain authority in order to discharge (in whole or in part) any UK renewables obligation to which it was subject in the relevant period; and b B is the total number of renewables obligation certificates presented by United Kingdom suppliers to the Authority and the Great Britain authority in order to discharge (in whole or in part) any UK renewables obligation to which they were subject in that period. 3 Where any amount to be paid under this Article is not a whole number when expressed in terms of pounds sterling, it must be rounded down to the nearest pound sterling. 4 Where by virtue of the operation of paragraph (3) the Authority continues to hold any sum which otherwise would have been paid out under this Article that sum shall be retained by the Authority and is to constitute part of the buy-out fund held in the obligation period immediately following the settlement period. PART 9 Provision of information, functions of the Authority and modifications of this Order in relation to microgenerators in certain circumstances Provisions of information to the Authority 45 1 The Authority may, be the date (if any) specified by it, require— a a designated electricity supplier to provide it with information which in its opinion is relevant to the question whether the supplier is discharging, or has discharged, his renewables obligation; b a person to provide it with information which in its opinion is relevant to the question whether a NIROC is, or was or will in future be, required to be issued to the person. 2 Without prejudice to paragraph (1), the Authority may, by the date (if any) specified by it, require any person who— a is the operator of a generating station generating electricity in respect of which a NIROC has been or may be issued; b supplies, distributes or transmits such electricity; or c buys or sells (as a trader) such electricity or NIROCs, to provide it with such information as in its opinion it requires in order to carry out any of its functions under this Order. 3 Without prejudice to paragraphs (1) and (2), for the purposes of determining the renewable output of a generating station in a month (“the relevant month”) the operator of the station must provide the Authority with figures showing— a the amount of input electricity used by the station in the relevant month, and b the gross output of the station in that month, by the end of the second month following the relevant month (and those figures may be estimated if the Authority has agreed to estimates being provided and to the way in which those estimates are to be calculated). 4 Nothing in paragraph (3) prevents the Authority from accepting figures, or further figures, provided after the end of the second month following the relevant month if the Authority considers it appropriate to do so. 5 Without prejudice to paragraphs (1) and (2), each designated electricity supplier must provide the Authority with— a estimates of the amount of electricity he has supplied to customers in Northern Ireland during each month of an obligation period by no later than 1st June following that period; b figures showing the amount of electricity he has actually supplied to customers in Northern Ireland during each month of an obligation period by no later than 1st July following that period; and c an estimate of the number of renewables obligation certificates he believes he would be required to produce to the Authority in order to discharge his renewables obligation for an obligation period if he did not discharge his renewables obligation for that period (in whole or in part) by some other means by no later than 1st July following that period. 6 When giving the information referred to in paragraph (5)(a) and (b), a designated electricity supplier must have regard to any sales figures relating to the electricity in respect of which he is giving that information which he has provided (or intends to provide) to the Department of Energy and Climate Change for publication in “Energy Trends”. 7 Without prejudice to paragraphs (1) and (2), for the purposes of determining whether a NIROC certifying the matters within Article 54(4) or (6) of the Energy Order should be issued the person to whom any such NIROC would be issued must provide the Authority with— a a figure representing the amount of electricity in respect of which NIROCs should (in that person’s opinion) be issued; and b the data on which that person relied in arriving at that figure. 8 Where a designated electricity supplier receives a payment other than under Article 42(4) or 43(4)(a) in relation to a failure by a Great Britain designated electricity supplier to discharge its renewables obligation imposed in accordance with section 32(1) of the Electricity Act, the designated electricity supplier receiving the payment shall notify the Authority, immediately after receiving the payment, of the amount he received and the reason for the payment. 9 Information requested under or required to be provided by this Article must be given to the Authority in whatever form it requires. 10 In this Article “input electricity” and “gross output”, in relation to a generating station, have the same meaning as they have in Articles 22 and 23 (calculating a generating station’s renewable output). Information to be provided to the Authority where electricity is generated from biomass ... 46 1 This Article applies to a generating station— a which generates electricity (wholly or partly) from biomass (other than municipal waste, landfill gas or sewage gas); and b which is not a microgenerator. 2 In relation to each consignment of biomass (other than municipal waste, landfill gas or sewage gas) used in a generating station to which this article applies, the operator of the station must, by the 30th June immediately following the obligation period during which the biomass is used (“the relevant date”), provide the Authority with— a the information specified in paragraph (3); b other than in the case of biomass which was gas formed by the anaerobic digestion of material which was— i animal excreta; or ii waste, the information specified in paragraph (4); and c other than in the case of biomass which— i was used in a generating station with a total installed capacity of at least one megawatt; or ii was animal excreta, bioliquid or waste, the information specified in paragraph (5). 3 The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief— a the material from which the biomass was composed; b where the biomass was solid and can take different forms, the form of the biomass; c whether the biomass was animal excreta or waste; d where the biomass was plant matter or derived from plant matter, the country where the plant matter was grown; and e where the information specified in sub-paragraph (d) is not known or the biomass was not plant matter or derived from plant matter, the country from which the operator obtained the biomass. 4 The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief— a where the biomass was solid, its mass (in tonnes); b where the biomass was liquid, its volume (in litres) when measured at 25 degrees Celsius and 0.1 megapascals; c where the biomass was gas, its volume (in cubic metres) when measured at 25 degrees Celsius and 0.1 megapascals; d where the biomass was an energy crop and was not a bioliquid— i the type of energy crop in question; and ii the use of the land on which the biomass was grown in the year before the land was first used to grow energy crops; ... e where the biomass was, or was derived from, wood and was not waste or bioliquid— i the name of the forest or other location where that wood was grown; ii a description of the forestry management practices or land management practices used in the forest or other location where that wood was grown; iii where any of the wood was likely to be a protected or threatened species, the name of that species and the proportion of the biomass that is likely to be composed of, or derived from, that species; iv the proportion of the biomass that was, or was derived from, a saw log, and the specification adopted by the operator in accordance with paragraph (6) for the purpose of determining the proportion of the biomass that was, or was derived from, a saw log; and v the proportion of the biomass that was, or was derived from, hardwood and the proportion that was, or was derived from, softwood; and f where the biomass was bioliquid used in a generating station on or after 1st January 2018, its energy content produced from each of the following categories of crop— i starch-rich crops; ii sugars; iii oil crops; iv any other crops grown as a main crop primarily for energy purposes on agricultural land. 5 The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief— a the greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity; b where the biomass does not meet the greenhouse gas emission criteria, the main reasons why biomass meeting the greenhouse gas emission criteria was not used; c whether the biomass meets the land criteria; d where the biomass does not meet the land criteria, the main reasons why biomass meeting the land criteria was not used; and e where any of the information specified in sub-paragraphs (a) and (c) is not known— i the main reasons why that information is not known; and ii the main reasons why biomass for which that information is known was not used. 6 For the purposes of paragraph (4)(e)(iv), the operator of the generating station must adopt a specification which is identical to— a a specification for determining whether wood is a saw log— i used by the sawmill closest to where the wood was grown; or ii issued by a body exercising functions of a public nature and issued for use by sawmills in the area in which the wood was grown; or b the specification in the second column of Table 1 of Forestry Commission Field Book 9 (other than the parts of that specification relating to “log category” and “species” set out in the first and second rows of that table). 7 For the purposes of paragraph (5)(a), the operator of the generating station must calculate the greenhouse gas emissions from the use of the biomass in accordance with paragraphs 3(a), 4 and 5 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass). 8 Where, in relation to biomass used in a generating station to which this article applies, the operator of the station fails to provide the Authority with the information required by paragraph (2) by the relevant date, the Authority must, in relation to any NIROCs to which the operator would otherwise be entitled, postpone the issue of those NIROCs (up to the specified number) until such time as the information is provided. 9 For the purposes of paragraph (8), the specified number is the number of NIROCs which the Authority has or estimates that it has or, but for this article, it would have issued in respect of the electricity generated by the biomass in relation to which the information required by paragraph (2) should have been provided. 10 In this Article— “Forestry Commission Field Book 9” means Forestry Commission Field Book 9, 2nd edition 1993, entitled “Classification and Presentation of Softwood Sawlogs”; “protected or threatened species” means— a species listed in Appendices I, II or III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; or a species which is at risk of extinction; ... “saw log” means wood which is suitable for processing at a sawmill; and “starch-rich crops” includes— cereals (regardless of whether only the grains are used or the whole plant (such as in the case of green maize) is used); tubers and root crops (such as potatoes, Jerusalem artichokes, sweet potatoes, cassava and yams); and corm crops (such as taro and cocoyam). Bioliquid sustainability audit report 46A 1 This Article applies to a generating station which generates electricity (wholly or partly) from bioliquid in respect of which the operator of the generating station has submitted sustainability information. 2 In relation to each consignment of bioliquid used in a generating station to which this Article applies, the operator of the station must, by the 31st May immediately following the obligation period during which the bioliquid referred to in paragraph (1) is used (“ the relevant date ”), provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3). 3 The requirements specified in this paragraph are that the sustainability audit report must— a be prepared by a person who is not— i the owner or operator of the generating station; or ii a connected person, in relation to the owner or operator of the generating station; b consider whether the systems used to produce the relevant sustainability information are likely to produce information which is reasonably accurate and reliable; ba consider whether there are controls in place to help protect the relevant sustainability information against material misstatements due to fraud or error; c consider the frequency and methodology of any sampling carried out for the purpose of obtaining or checking the data on which the operator relied in preparing the relevant sustainability information; d consider the robustness of the data on which the operator relied in preparing the relevant sustainability information; da state whether anything has come to the attention of the person preparing the report to indicate that the relevant sustainability information is not accurate; e be prepared to an adequate standard ; f identify whether the bioliquid was certified under an environmental quality assurance scheme, and if so— i state the name of the scheme, and ii identify whether the European Commission has adopted a decision under article 18(4) of the Renewables Directive in respect of the scheme; and g where the bioliquid was not derived from waste or residue and the actual value method or the mixed value method was used for the purpose of calculating the greenhouse gas emissions from the use of the bioliquid, identify— i whether a restored degraded land bonus was included in the calculation of the greenhouse gas emissions from the use of the bioliquid, and ii whether an emission saving from soil carbon accumulation via improved agricultural management was included in the calculation of the greenhouse gas emissions from the use of the bioliquid. 4 Subject to paragraph (5), it is for the operator of the generating station to demonstrate to the Authority’s satisfaction that the sustainability audit report was prepared to an adequate standard. 5 A sustainability audit report shall be deemed to have been prepared to an adequate standard if it has been prepared in accordance with the requirements in respect of limited assurance engagements prescribed in ISAE 3000, or an equivalent standard. 6 Where, in relation to bioliquid used in a generating station to which this Article applies, the operator of the station fails to provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3) by the relevant date, the Authority must, in relation to any NIROCs to which the operator would otherwise be entitled, postpone the issue of those NIROCs (up to the specified number) until such time as the sustainability audit report is provided. 7 For the purposes of paragraph (6), the specified number is the number of NIROCs which the Authority has or estimates that it has or, but for this Article, would have issued in respect of the electricity generated by the bioliquid in relation to which a sustainability audit report meeting the requirements specified in paragraph (3) should have been provided. 8 In this Article— “actual value method” has the same meaning as in Schedule A1; “emission saving from soil carbon accumulation via improved agricultural management” has the same meaning as in Part C of Annex 5 to the Renewables Directive as amended from time to time; “environmental quality assurance scheme” means a voluntary scheme which establishes environmental or social standards in relation to the production of bioliquid or matter from which a bioliquid is derived; “mixed value method” has the same meaning as in Schedule A1; “relevant sustainability information”, in relation to a consignment of bioliquid, means the sustainability information submitted by the operator of the generating station in respect of the consignment; “restored degraded land bonus” means the bonus referred to in paragraphs 7 and 8 of Part C of Annex 5 to the Renewables Directive. Solid and gaseous biomass sustainability audit report 46B 1 This Article applies to a generating station which— a has a total installed capacity of at least 1 megawatt, and b generates electricity (wholly or partly) from biomass. 2 In relation to each consignment of biomass used in a generating station to which this Article applies, and in respect of which the operator of the station has— a in the case of biomass which is waste ... , provided the information specified in Article 46(3)(c); b in the case of biomass which is not waste ... , provided the information specified in Article 46(5) the operator of the station must, by the 30th June immediately following the obligation period during which the biomass was used (“the relevant date”), provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3). 3 The requirements specified in this paragraph are that the sustainability audit report must— a be prepared by a person who is not— i the owner or operator of the generating station, or ii a connected person, in relation to the owner or operator of the generating station; b consider whether the systems used to produce the relevant information are likely to produce information which is reasonably accurate and reliable; c consider whether there are controls in place to help protect the relevant information against material misstatements due to fraud or error; d consider the frequency and methodology of any sampling carried out for the purpose of obtaining or checking the data on which the operator relied in preparing the relevant information; e consider the robustness of the data on which the operator relied in preparing the relevant information; f state whether anything has come to the attention of the person preparing the report to indicate that the relevant information is not accurate; and g be prepared in accordance with the requirements in respect of limited assurance engagements prescribed in ISAE 3000, or an equivalent standard. 4 Where, in relation to biomass used in a generating station to which this Article applies, the operator of the station fails to provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3) by the relevant date, the authority must, in relation to any NIROCs to which the operator would otherwise be entitled, postpone the issue of those NIROCs (up to the specified number) until such time as the sustainability audit report is provided. 5 For the purposes of paragraph (4), the specified number is the number of NIROCs which the Authority has or estimates that it has or, but for this Article, would have issued in respect of the electricity generated by the biomass in relation to which a sustainability audit report meeting the requirements specified in paragraph (3) should have been provided. 6 In this Article, “relevant information” means— a in relation to a consignment of biomass which is waste ... , the information specified in Article 46(3)(c) that is provided to the Authority by the operator of the generating station in respect of the consignment; b in relation to a consignment of biomass which is not waste ... , the information specified in Article 46(5) that is provided to the Authority by the operator of the generating station in respect of the consignment. 7 Reference in this Article to biomass do not include bioliquid, landfill gas, sewage gas, municipal waste or excreta produced by animals. Provision of information to the Department 47 Any information provided to the Authority under Article 45(5) must be provided to the Department at the same time. Exchange of information with the Great Britain authority 48 1 The Authority must, as soon as reasonably practicable after the specified day following an obligation period, notify the Great Britain authority of— a the details of each GBROC produced to the Authority by a designated electricity supplier in discharge of that supplier’s renewables obligation for that period and the name of the designated electricity supplier in question; and b the total number of GBROCs produced to the Authority in respect of that obligation period. 2 The Authority must, as soon as reasonably practicable after receiving a notification from the Great Britain authority as to the NIROC identifiers of NIROCs produced to the Great Britain authority by Great Britain designated electricity suppliers under GBRO Orders, inform the Great Britain authority of— a the NIROC identifier of any NIROC so notified which it has revoked under Article 37 and whether it has issued a replacement NIROC in respect of any NIROC (unless that replacement NIROC has itself been revoked); b the NIROC identifier of any NIROC so notified that has also been produced to the Authority by a designated electricity supplier under Article 5(2) and the date on which it was also produced. 3 The Authority may conduct enquiries or investigations in respect of whether any electricity which is or may be the subject of a GBROC issued under any provision included in a GBRO Order by virtue of section 32B(4) and (6) of the Electricity Act has been supplied to customers in Northern Ireland and if, as a result of any such enquiry or investigation, the Authority is not satisfied that any such electricity has been so supplied it shall notify the Great Britain authority accordingly. 4 The Authority must as soon as reasonably practicable after the specified day, following an obligation period, notify the Great Britain authority as to the number of renewables obligation certificates produced to the Authority in respect of that obligation period. Functions of the Authority 49 1 In addition to the functions assigned to it elsewhere in this Order, the Authority shall have the following specific functions— a keeping, maintaining and making available to the public a list of generating stations granted preliminary accreditation and accreditation in accordance with Article 50, together with any applicable conditions attached to the preliminary accreditation or accreditation; b keeping and maintaining a list of NIROCs which have been revoked and making such list available to the public; c calculating and publishing before the start of each obligation period (with the exception of the first obligation period to which this Order relates) the sum which corresponds to a NIROC for that period by virtue of Article 40(4); d publishing from time to time during an obligation period the total NIROC claim for that period; e by the 1st April each year publishing a report in relation to the obligation period ending on the 31st March in the previous calendar year (“the relevant period”), such report to include details (or, in the case of paragraph (v), a summary) of— i the compliance of each designated electricity supplier with his renewables obligation for the relevant period, including the extent to which that obligation was met by the production renewables obligation certificates pursuant to Article 5(2), payments made under Article 40 or the production of GBROCs pursuant to Article 13(1) or treated as met by payments made under Article 41; ii the sums received by each United Kingdom supplier under Article 44 in relation to the relevant period; iii the number of NIROCs issued by the Authority, the number of NIROCs accepted by it under Article 5(2), the number of GBROCs accepted by it under Article 13(1) and the number of NIROCs issued but not yet deleted from the Register in respect of the relevant period; iv the number of NIROCs issued by the Authority in relation to the relevant period categorized by reference to the ways in which the electricity in respect of which the NIROCs were issued was generated; v the outcome of any enquiries or investigations conducted by the Authority pursuant to sub-paragraph (f) in relation to the relevant period; and vi any other matters which the Authority considers relevant in relation to the relevant period; f monitoring compliance with this Order by designated electricity suppliers and operators of generating stations (including compliance by operators of generating stations with any conditions attached to their accreditation) and such monitoring may include conducting enquiries or investigations into— i the amount of electricity generated from renewable sources by accredited generating stations; ii the amount of such electricity supplied to customers in Northern Ireland; iii the transfer and holding of NIROCs (including the transfer and holding of NIROCs issued to agents by virtue of Article 33); iv the effect of such matters on the making and allocation of payments under Articles 40, 41, and 44; and v the effect of the renewables obligation on the activities and operations of designated electricity suppliers and the operators of generating stations; g publishing at its discretion reports of enquiries or investigations conducted by the Authority pursuant to sub-paragraph (f); and h the provision of such information to the Great Britain authority as the Authority considers may be relevant to the exercise of the Great Britain authority’s functions under any GBRO Order. 1A The Authority must, as soon as reasonably practicable after each obligation period, forward to the Department a summary of the sustainability information submitted to it during that period. 2 In this Article “total NIROC claim” means the total number of NIROCs which have been claimed in respect of a particular obligation period, less— a the number of NIROCs which have been issued in respect of that obligation period; and b the number of NIROCs which the Authority has, in respect of that obligation period, decided not to issue or refused to issue under Article 37 .... Preliminary accreditation and accreditation of generating stations 50 1 Paragraphs (2) to (10) shall apply to the granting and withdrawing of preliminary accreditation and accreditation of generating stations by the Authority, and paragraphs (3) to (5) are subject top paragraph (2). 2 The Authority must not grant accreditation or preliminary accreditation to a generating station under this Article— a if it cannot issue NIROCs in respect of electricity generated by that station by virtue of Article 17 (excluding generating stations), or b if, in its opinion, the station is unlikely to generate electricity in respect of which NIROCs may be issued. 3 Where a generating station in respect of which— a consent under Article 39 of the Electricity Order has been obtained; or b planning permission under the Planning (Northern Ireland) Order 1991 has been granted, has not yet been commissioned, the Authority may, upon the application of the person who proposes to construct or operate the generating station, grant the station preliminary accreditation. 4 Where a generating station has been commissioned, the Authority may, upon the application of its operator (or, where NIROCs relating to electricity generated by that generating station are to be issued to an agent by virtue of Article 33, that agent), grant the station accreditation. 5 Where a generating station has been granted preliminary accreditation (and such preliminary accreditation has not been withdrawn) and an application for its accreditation is validly made the Authority must not grant that application if it is satisfied that— a there has been a material change in circumstances since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused; b the information on which the decision to grant the preliminary accreditation was based was incorrect in a material particular such that, had the Authority known the true position when the application for preliminary accreditation was made, it would have refused it; or c there has been a change in applicable legislation since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused; but otherwise the Authority must grant the application. 6 The Authority may, in granting preliminary accreditation or accreditation under this Article, attach such conditions as appear to it to be appropriate. 7 Where any of the circumstances mentioned in paragraph (8) apply in relation to preliminary accreditation or an accreditation which the Authority has granted, (whether or not under this Article) and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may— a withdraw the preliminary accreditation or accreditation in question; b amend conditions attached to the preliminary accreditation or accreditation under paragraph (6); c attach conditions to the preliminary accreditation or accreditation. 8 The circumstances referred to in paragraph (7) 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 attached to the 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 after the change it would not have been granted. 9 The Authority must 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. 10 In providing written notification under paragraph (9), the Authority must 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. 11 In paragraph (3), 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. Registration as a grace period generating station 50A 1 This Article applies to a generating station— a which is first commissioned on or after 1st May 2013, and b in respect of which an application for accreditation is made under Article 50(4) on or before 30th September 2013. 2 The operator of a generating station to which this Article applies may submit a request to the Authority for the generating station to be registered under this Article as a grace period generating station. 3 A request for a generating station to be registered as a grace period generating station must be accompanied by— a the documents specified in paragraph (4)(a), (b) and (c), b the documents specified in paragraph (4)(d), (e) and (f), or c the documents specified in paragraph (4)(a), (b), (d), (e) and (g). 4 The documents specified in this paragraph are— a a copy of a grid connection agreement specifying a grid connection date which is no later than 30th April 2013; b a letter from a network operator who is a party to the grid connection agreement confirming (whether or not such confirmation is subject to any conditions or other terms) that— i the grid connection was made after the grid connection date, and ii in the network operator’s opinion, the failure to make the grid connection on or before the grid connection date was not due to any breach of the grid connection agreement by a relevant person; c a declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 30th April 2013 if the grid connection had been made on or before the grid connection date; d a copy of a radar works agreement specifying a radar works completion date which is no later than 30th April 2013; e a letter from a party to the radar works agreement who is not a relevant person confirming (whether or not such confirmation is subject to any conditions or other terms) that— i the radar works were completed after the radar works completion date, and ii in that person’s opinion, the failure to complete the radar works on or before the radar works completion date was not due to any breach of the radar works agreement by a relevant person; f a declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 30th April 2013 if the radar works had been completed on or before the radar works completion date; g a declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 30th April 2013 if— i the grid connection had been made on or before the grid connection date, and ii the radar works had been completed on or before the radar works completion date. 5 Where the operator of a generating station to which this Article applies submits a request for registration of the generating station as a grace period generating station, the Authority must not register the generating station under this Article as a grace period generating station unless— a the request to register the generating station as a grace period generating station was received by the Authority before the Authority had made its decision on the application for accreditation of the generating station, b the Authority is satisfied that the request complies with the requirements of paragraph (3), c the Authority is satisfied that the generating station was commissioned before 1st October 2013, and d the Authority decides to grant the application for accreditation of the generating station. 6 In circumstances where the Authority has reason to believe that the information on which a decision to register a generating station as a grace period generating station was based was incorrect in a material particular, and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may withdraw the registration in question. 7 The Authority must notify the operator of the generating station in writing of— a its decision on a request to register the station as a grace period generating station; b any withdrawal of registration of the station as a grace period generating station. 8 The written notification under paragraph (7)(a) must be provided by the Authority at the same time as the written notification under Article 50(9) of its decision on the application for accreditation of the generating station. 9 In this Article— “grid connection” means a connection between a generating station and a transmission system or distribution system for the purpose of enabling electricity to be conveyed from the generating station to that system; “grid connection agreement” means an agreement between a relevant person and a network operator for the making of a grid connection; “grid connection date”, in relation to a grid connection agreement, means the earliest of any date specified in the grid connection agreement by which— the grid connection is required to be made, or it is estimated that the grid connection would be made; “network operator” means a— distribution exemption holder, distribution licence holder, or transmission licence holder; “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; or the testing of a radar station or radar equipment; “radar works agreement” means an agreement between a relevant person and a person who is not a relevant person for the carrying out of radar works; “radar works completion date”, in relation to a radar works agreement, means the earliest of any date specified in the radar works agreement by which— the radar works are required to be completed, or it is estimated that the radar works would be completed; “relevant person”, in relation to a request for a generating station to be registered as a grace period generating station, means— the operator of the generating station, or a person who arranged for the construction of the generating station. NIROC Register 51 1 The Authority must establish and maintain a register of NIROCs (“the Register”) in accordance with Schedule 3 which shall have effect. 2 A NIROC is issued for the purpose of this Order at the point at which its particulars (within the meaning of Schedule 3) are entered in the Register by the Authority. 3 Without prejudice to the foregoing provisions of this Article and Schedule 3, the Authority must ensure that the Register contains, by way of entries made in it—— a an accurate record of the particulars of each NIROC which is issued by the Authority (including the person who is for the time being its registered holder) and which remains eligible to be produced to the Authority; and b a list of names of all persons who either are the registered holder of a NIROC or, although not at that time the registered holder of a NIROC, have notified the Authority that they wish an entry to be made and maintained in respect of them as prospective registered holders of NIROCs. 4 Only the registered holder of a NIROC may produce that NIROC to the Authority under Article 5. Modification of this Order in relation to microgenerators in certain circumstances 52 1 This Article applies to generating stations which are microgenerators. 2 The operator of a generating station to which this Article applies or, where NIROCs relating to generating stations to which this Article applies are to be issued to an agent by virtue of Article 33, that agent (and not the operators of the generating stations in question) may— a where NIROCs have not yet been issued in respect of any electricity generated during the course of an obligation period by the station or stations in question, during the course of that obligation period; or b in any other case, not less than one month before the beginning of an obligation period (“the relevant obligation period”), give notice in writing to the Authority that entitlement to NIROCs in respect of electricity generated by the station or stations in question is to be determined on the basis set out in the remainder of this Article. 3 Paragraph (4) applies— a where an operator or, as the case may be, agent has given notice as specified in paragraph (2)(a) for the remainder of the obligation period during which the notice was given and subsequent obligation periods; and b where an operator or, as the case may be, agent has given notice as specified in paragraph 2(b), for the relevant obligation period and subsequent obligation periods. 4 Where this paragraph applies, the reference to “month” in each place where it occurs in Articles ..., 21, 22, 23, 34, 35, 37, 45 and Schedule 3 is to be taken to be a reference to “obligation period”, subject to the following exceptions— a In Articles 22(2)(b), and 45(3) the reference to “the second month” is to remain unchanged; b in paragraph 3(b)(i) of Schedule 3 the words “the month and year” is to be replaced by “the obligation period”. 5 An operator or, as the case may be, agent who has given notice under paragraph (2) may— a if notice was given under paragraph (2)(a), not less than one month before the beginning of any obligation period following the obligation period during which the notice was given; or b if notice was given under paragraph (2)(b), not less than one month before the beginning of any obligation period following the relevant obligation period, by notice in writing to the Authority, withdraw the notice given under paragraph (2). 6 Where an operator or, as the case may be, agent withdraws a notice given under paragraph (2), that notice ceases to have effect from the beginning of the obligation period in relation to which the notice under paragraph (5) was given. Revocation, transitional and savings 53 1 Subject to paragraphs (2) to (4), the following Orders are hereby revoked— a The Renewables Obligation Order (Northern Ireland) 2007 (“the 2007 Order ”); and b The Renewables Obligation (Amendment) Order (Northern Ireland) 2007 . 2 The 2007 Order shall continue to apply in relation to the issue and revocation of NIROCs under it in respect of electricity generated before 1st April 2009, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation; 3 The 2007 Order shall continue to apply in relation to— a the issue and revocation of NIROCs under it in respect of electricity generated before 1st April 2009, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation; b any obligations or requirements imposed by it on an electricity supplier, an operator of a generating station or some other person in respect of the obligation period ending on 31st March 2009, and anything which falls to be done or determined (whether by the supplier, the generator or some other person) in relation to any such obligations and requirements; c any obligations and functions of the Authority in respect of that obligation period, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to it. 4 Without prejudice to the generality of the foregoing— a Article 28 of the 2007 Order shall continue to apply so as to enable the Authority to request information in respect of electricity generated in the obligation period ending on 31st March 2009; b Schedule 2 to the 2007 Order is to continue to apply in relation to that obligation period. 5 For the purpose of Article 13(2) of this Order— a NIROCs issued under the 2007 Order in respect of electricity supplied in the obligation period ending on 31st March 2009; and, b GBROCs issued in respect of electricity supplied in the period corresponding to that obligation period may be produced to the Authority by a designated supplier in discharge of up to 25 per cent of his renewables obligation in respect of the obligation period ending on 31st March 2010. 6 In this Article, “obligation period” (except the reference to the obligation period ending on 31st March 2010 in paragraph (4) and “NIROCs” have the same meaning as in the 2007 Order. Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 27th March 2009. Jenny Pyper A senior officer of the Department of Enterprise, Trade and Investment