PART 5NIROCS: ISSUE AND REVOCATION

Small generators

21.—(1) This Article applies to generating stations with a declared net capacity of 50 kilowatts or less (“sub-50 kilowatt stations”).

(2) The operator of a sub-50 kilowatt station may—

(a)not less than one month before the beginning of the first month (“the relevant month”) in respect of which the operator requests the issue of NIROCs in respect of electricity generated by the relevant station; or

(b)not less than one month before the beginning of any obligation period (“the relevant obligation period”),

give notice in writing to the Authority that its entitlement to NIROCs in respect of electricity generated by that station (“the relevant station”) shall be determined on the basis set out in the remainder of this Article.

(3) Paragraph (4) shall apply—

(a)where an operator has given notice as specified in paragraph (2)(a), in the case of the relevant station for the remainder of the obligation period during which the relevant month falls and subsequent obligation periods; and

(b)where an operator has given notice as specified in paragraph (2)(b), in the case of the relevant station 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 5, 6, 7, 8, 9, 13, 14, 15, 16, 18 and 20 and Schedule 3 shall be taken to be a reference to “obligation period”, subject to the following exceptions—

(a)in Article 14(1) the words “of each month” shall be omitted;

(b)in Article 18(3)(a) the reference to “the second month” shall remain unchanged;

(c)in paragraph 2(b)(i) of Schedule 3 the words “the month and year” shall be replaced by “the obligation period”.

(5) An operator who has given notice under paragraph (2) may—

(a)if he gave notice under paragraph (2)(a), not less than 1 month before the beginning of any obligation period following the obligation period during which the relevant month falls; or

(b)if he gave that notice under paragraph (2)(b), not less than 1 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 gives notice under paragraph (5) the Authority shall, from the beginning of the obligation period in respect of which the operator gave that notice, determine the operator’s entitlement to NIROCs in respect of electricity generated by the relevant station on the basis set out in Article 14(1).