Renewables Obligation Order (Northern Ireland) 2006

Article 19

SCHEDULE 3 THE REGISTER

1.  The Authority shall maintain the Register (which may be in electronic form).

2.  Particulars of a NIROC comprise—

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

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

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

(ii) the location of the generating station;

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

(iv) the date of issue of the NIROC; and

(v) the NIROC sequence number determined by the Authority in accordance with Article 18(1)(a) or 20(5).

3.  A person may only be the registered holder of a NIROC or have an entry made and maintained in respect of him under Article 19(4)(b) if he provides to the Authority in writing—

(a) evidence of his identity; and

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

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

5.  The Authority shall delete from the Register any NIROC which—

(a) has been revoked in accordance with Article 20;

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

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

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

(e) the Great Britain Authority has notified the Authority that the NIROC has been produced to the Great Britain Authority by a Great Britain designated supplier under a GBRO Order,

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

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

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

(b) the Authority shall—

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

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

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

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

8.  Where a NIROC is issued in accordance with Article 14 or a replacement NIROC is issued in accordance with Article 20 or a substitute is recorded as the registered holder pursuant to paragraph 6, the Authority shall notify the registered holder (in the case of a NIROC or a replacement NIROC being issued) and the former and new registered holder (in the case of a substitution) in writing within 5 banking days of the issue or substitution having taken place.

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

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

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

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

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

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

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

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