that he has supplied to customers in Northern Ireland during a specified period such amount of electricity generated by using renewable sources as is specified in relation to such a supplier; or

that another electricity supplier has done so (or that two or more others have done so); or

that between them they have done so.

the Authority;

the Council;

the electricity suppliers to whom the proposed order would apply;

persons generating electricity from renewable sources in Northern Ireland; and

such other persons, if any, as the Department considers appropriate.

different obligations for successive periods of time;

that only electricity generated using specified descriptions of renewable source is to count towards discharging the obligation (or that such electricity is to count only up to a specified amount);

that only electricity generated by specified descriptions of generating station is to count towards discharging the obligation (or that such electricity is to count only up to a specified amount);

that a specified minimum amount of electricity generated as mentioned in sub-paragraph (b) or (c) is to be counted towards the discharge of the renewables obligation;

how the amount of electricity supplied by an electricity supplier (whether generally or to particular customers or descriptions of customer) is to be determined;

how the proportion referred to in Article 52(5) or in the definition of “renewable sources” in Article 52(7) is to be determined;

the consequences for the discharge of the renewables obligation if a generating station of the type mentioned in Article 52(5) uses more than a specified proportion of fossil fuel or peat during a specified period (which may include the consequence that none of the electricity generated by that generating station during that period is to count towards discharging the obligation);

that specified information, or information of a specified nature, is to be given to the Authority (in addition to the evidence referred to in Article 52(2)), and the form in which it is to be given.

provide that evidence of electricity supplied in a later period may, when available, be counted towards discharging the renewables obligation for the current period;

provide that evidence of electricity supplied in the current period may, in a later period, be counted towards discharging the renewables obligation for that period;

specify how much later the later period referred to in sub-paragraph (a) or (b) may be;

specify a maximum proportion of the renewables obligation for any period which may be discharged as mentioned in sub-paragraph (a) or (b);

specify a maximum proportion of electricity supplied in any period evidence of which may be counted towards discharging the renewables obligation for a different period.

different provision for different cases or circumstances; and

different provision in relation to different suppliers,

that the generating station or, in the case of a certificate issued to an electricity supplierF7 or to a Great Britain supplier, a generating station in Northern Ireland specified in the certificate, has generated from renewable sources the amount of electricity stated in the certificate; and

that it has been supplied to customers in Northern Ireland.

provision for the person to whom a certificate is to be issued to be determined either before or after the supply of the electricity to which it relates; and

provision for a determination as to the person to whom a certificate is to be issued to be made in accordance with such arrangements as may be specified in or determined under the order.

requiring the determination of the person to whom the certificate is to be issued to be made by reference to financial bids made in respect of the certificate or in respect of both the certificate and the electricity to which it relates; and

requiring that person to make a payment, in accordance with his bid, to such person as may be specified in or determined under the order.

to make and implement the arrangements that are specified in or determined under the order; and

to comply with directions given to him by the Authority for that purpose.

in such cases as may be specified in the order, and

subject to such conditions as may be so specified,

electricity generated from different renewable sources;

electricity generated by different descriptions of generating station;

electricity generated in different ways.

the costs (including capital costs) associated with generating electricity from each of the renewable sources or with transmitting or distributing electricity so generated;

the income of operators of generating stations in respect of electricity generated from each of those sources or associated with the generation of such electricity;

the effect of paragraph 19 of Schedule 6 to the Finance Act 2000 (c.17) (supplies of electricity from renewable sources exempted from climate change levy) in relation to electricity generated from each of those sources;

the desirability of securing the long term growth, and economic viability, of the industries associated with the generation of electricity from renewable sources;

the likely effect of the proposed banding provision on the number of renewables obligation certificates issued by the Authority, and the impact this will have on the market for such certificates and on consumers;

the potential contribution of electricity generated from each renewable source to the attainment of any target which relates to the generation of electricity or the production of energy and is imposed by, or results from or arises out of, a Community obligation.

the acquisition of the renewable source;

the supply of heat produced in connection with the generation;

the disposal of any by-product of the generation process.

may authorise the Department to review the banding provision at such intervals as are specified in or determined in accordance with the order, and

may authorise the Department to review the whole or any part of the banding provision at any time when the Department is satisfied that one or more of the specified conditions is satisfied.

the electricity generated by generating stations of such a description as may be specified, or

so much of that electricity as may be determined in accordance with the order.

the generating station is of a specified description or

the circumstances of the case meet specified requirements.

if the grant or any part of it has been paid by a Minister or Department, to repay to the Minister or Department, as the case may be, the whole or a specified part of the grant or part before the repayment date

to pay interest on an amount repayable under sub-paragraph (a) for such period, and at such rate, as may be determined by the Minister or Department as appropriate, and

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.

“the repayment date” means the date specified in or determined in accordance with the order, and

the period for which interest is payable must not begin before the grant was paid or, if the repayment relates to an instalment of the grant, before the instalment was paid;

a grant awarded under section 5(1) of the Science and Technology Act 1965 (grants to carry on or support scientific research), or

any other grant which is payable out of public funds and awarded under a statutory provision.

in such cases as may be specified in the order, and

subject to such conditions as may be so specified,

that a designated electricity supplier may (in whole or in part) discharge his renewables obligation by making a payment to the Authority before the day specified as the day by which evidence must be produced for the purposes of Article 52(2); and

that a designated electricity supplier's renewables obligation that was not discharged in whole or in part before the day so specified is to be treated as having been discharged to the extent specified in the order where the payment for which the order provides is made to the Authority before the end of such period beginning with that day as may be specified in the order.

as to the sum which for the purposes of paragraph (1) is to correspond to the supply of a given amount of electricity;

for the sums that must be paid in order for an obligation to be treated as having been discharged to increase at a rate specified in the order for each day after the time by which evidence had to be produced for the purposes of Article 52(2);

for differentF10 sums or rates falling within sub-paragraph (a) or (aa) in relation to different periods;

for different such sumsF10 or rates in relation to electricity generated in different ways specified in the order (such as those referred to in Article 53(1)(b) and (c)); and

for any such sumF10 or rate to be adjusted from time to time for inflation by a method specified in the order (which may refer to a specified scale or index or to other specified data of any description, including such a scale or index or such data in a form not current when the order was made, but in a subsequent form attributable to revision or any other cause and taking effect afterwards).

a renewables obligation is one in relation to which provision made by virtue of paragraph (1)(b) applies in the case of the designated electricity supplier who is subject to the obligation, and

the period ending with such day (after the day by which the obligation had to be complied with) as may be specified in or determined under the order has not expired,

was subject to a renewables obligation for the relevant period or for a subsequent period specified in or determined under the order, and

is of a description so specified or determined,

in the case of a shortfall in the amount received by the Authority, if the receipt of the payment is to be while a prohibition or restriction by virtue of paragraph (2A) applies, in one or more cases, to the taking of steps in relation to contraventions of renewables obligations for that period; or

in the case of a shortfall in the amount received by the Great Britain authority, if the receipt of the payment is to be while a prohibition or restriction by virtue of a corresponding provision having effect in Great Britain applies, in one or more cases, to the taking of steps in relation to contraventions of Great Britain obligations for that period.

provision for the making of adjustments and repayments at times after a requirement to make payments in respect of a shortfall for a period has already arisen; and

provision that Articles 42 to 51 are to apply in relation to a requirement imposed by virtue of that paragraph on a person who is not a licence holder as if he were a licence holder.

the amount received by the Authority by way of discharge payments for a period falls short of the amount due in respect of that period, and

the amount received by the Great Britain authority by way of discharge payments for a period falls short of the amount due in respect of that period,

to make payments into the Consolidated Fund in respect of costs (or a proportion of costs) which have been or are expected to be incurred by the Authority in connection with the performance of its functions conferred by or under Articles 52 to 55F, or

to make payments to the Great Britain authority in respect of costs (or a proportion of costs) which have been or are expected to be incurred by that authority in connection with the performance of its functions conferred by or under section 32 to 32M of the Electricity Act 1989.

may exclude amounts of a specified description from being used as mentioned in paragraph (1);

may prevent the Authority using amounts to make payments in respect of costs of a specified description.

an electricity supplier to provide the Authority with information, or with information of a particular kind, which in the authority's opinion is relevant to the question whether the supplier is discharging, or has discharged, his renewables obligation;

a person to provide the authority with information, or with information of a particular kind, which in the Authority's opinion is relevant to the question whether a renewables obligation certificate is, or was or will in future be, required to be issued to the person.

require operators of generating stations generating electricity (wholly or partly) from biomass to give specified information, or information of a specified kind, to the Authority;

specify what, for this purpose, constitutes “biomass”;

require the information to be given in a specified form and within a specified period;

authorise or require the Authority to postpone the issue of certificates under Article 54 to the operator of a generating station who fails to comply with a requirement imposed by virtue of paragraph (a) or (c) until such time as the failure is remedied;

authorise or require the Authority to refuse to issue certificates to such a person or to refuse to issue them unless the failure is remedied within a prescribed period.

make further provision as to the functions of the Authority in relation to the matters dealt with by the order;

make transitional provision and savings;

provide for anything falling to be calculated or otherwise determined under the Order to be calculated or determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be specified in the order;

make different provision for different cases or circumstances;

confer on the Authority functions in Northern Ireland in relation to the issue of Great Britain certificates;

accreditation of a generating station, or

the addition of generating capacity to a generating station.

the meaning of “accreditation” and “generating capacity” in paragraph (4),

when generating capacity is to be treated as added to a generating station for the purposes of that paragraph.

the Authority,

the Council,

such generators of electricity from renewable sources as the Department considers appropriate, and

such other persons, if any, as the Department considers appropriate.

about what constitutes “waste”;

about how the proportion of waste which is, or is derived from, fossil fuel is to be determined;

about what, subject to such exceptions as may be specified, constitutes sufficient evidence of that proportion in any particular case;

to take account of any amendments made or proposed to be made to any of the corresponding Great Britain provisions; or

sections 32 to 32C of the Electricity Act 1989 (c. 29); and

any provision amending or re-enacting (with or without modification) any provision mentioned in sub-paragraph (a).

saving orders under Article 35 of the Electricity Order made before the coming into operation of paragraph (1);

preserving, modifying, replacing or otherwise dealing with arrangements (as mentioned in that Article) made pursuant to such an order, including making provision for substituting different parties to the arrangements or for replacement arrangements to be between parties different from those party to the replaced arrangements.

that any specified requirement contained in it is to be treated as a relevant requirement for the purposes of Part VI; and

for one of those requirements to be that a person referred to in sub-paragraph (a) or (b) of paragraph (8) is not to act or omit to act as set out there;

an act or omission by a person subject to requirements contained in the order which prevents any arrangements made pursuant to the order from securing such results as are specified in the order; and

an act or omission by a party to arrangements made pursuant to an order under Article 35 of the Electricity Order made before the coming into operation of paragraph (1) (or such arrangements as modified or replaced by virtue of an order under this Article) which prevents the arrangements from securing the result mentioned in paragraph (2) of that Article (or that paragraph as modified by virtue of an order under this Article), or such corresponding result as is specified in the order.

amendments of this Order made by section 120 of the Energy Act 2004, or

provision made by an order under Article 56 to take account of amendments of the Electricity Act 1989 made by Chapter 4 of Part 2 of that Act of 2004,

consult the licence holder; and

obtain the consent of the Department to the modification.

that, in the case of a modification within paragraph (1)(b), took place wholly or partly before the order in question comes into force; and

that, in any case, took place wholly or partly before the commencement of this Article.