The Renewables Obligation Order 2006 (Amendment) Order 2007

Criteria for issue of ROCs

14.—(1) Article 16 of the 2006 Order (criteria for issue of ROCs) is amended as follows.

(2) In paragraph (2)—

(a) after “writing to” insert “either”; and

(b) after “relates” insert “or, where the ROC is to be issued to an agent by virtue of article 15A, that agent”.

(3) In paragraph (4)—

(a) after “is that” insert “, in the case of a ROC certifying the matters within section 32B(2), (2ZA), (2A) or (2AA) of the Act,”;

(b) in sub-paragraph (a)—

(i) at the beginning, for “he” substitute “the operator”;

(ii) after “supplied” insert “, in the case of a ROC certifying the matters within section 32B(2) or (2ZA) of the Act,”; and

(iii) after “32B(2A)” insert “or (2AA)”;

(c) omit sub-paragraph (b); and

(d) in sub-paragraph (c), for “he” substitute “the operator”.

(4) In paragraphs (7) and (8), after “32B(2A)” insert “or (2AA)”.

(5) After paragraph (8) insert—

“(8A) The eighth criterion is that, in the case of a ROC certifying the matters within section 32B(2ZA), (2AA) or (2AC) of the Act—

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

(i) has a declared net capacity of 50 kilowatts or less,

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

(iii) is located in England or Wales;

(b) the ROC is to be issued to an agent by virtue of article 15A; and

(c) the operators of the generating stations in relation to which the ROC is to be issued have each appointed the same person to act as agent to receive the ROC.

(8B) The ninth criterion is that, in the case of a ROC certifying the matters within section 32B(2AB) or (2AC) of the Act, the operator of the generating station has provided the Authority with a declaration (which the Authority shall be entitled to accept as sufficient evidence of its contents, and which the operator need only provide once during every obligation period) that the electricity generated by the generating station has been used in a permitted way.”.

(6) For paragraph (9) substitute—

“(9) The tenth criterion is that the electricity in respect of which the ROC is to be issued is not or does not include electricity in respect of which a ROC has already been issued and not revoked.”.

(7) After paragraph (9) insert—

“(9A) The eleventh criterion is that the electricity in respect of which the ROC is to be issued has been measured accurately 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 2 of Schedule 7 to the Act.”.

(8) In paragraph (10), for “ninth” substitute “twelfth”.