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).