Refusing to issue and revoking NIROCs: supplemental
12. After Article 37 (refusing to issue and revoking NIROCs) insert—
“Where NIROCs cannot be revoked
37A.—(1) A NIROC cannot be revoked where it has been produced to the Authority under Article 5 (the renewables obligation).
(2) Nor can a NIROC be revoked by the Authority under Article 37(2) or (4) more than six years after it has been issued.
(3) Where the Authority would have revoked a NIROC (“the original NIROC”) under Article 37(2) or (4) but for the fact that it has already been produced to it under Article 5, the Authority must, subject to paragraph (4), refuse to issue a further NIROC (“the further NIROC”) in respect of electricity generated by the generating station in relation to which the original NIROC was issued.
(4) The Authority shall refuse to issue the further NIROC under paragraph (3) only if the original NIROC was—
(a)issued no more than six years previously, and
(b)not issued to an electricity supplier under Article 32(2) and (3).”.