The Renewables Obligation Closure Order (Northern Ireland) 2015

Notices of intent

9.—(1) For the purposes of Article 8, a notice of intent, in relation to a generating station, is a notice which—

(a) meets the requirements specified in paragraphs (2) and (3),

(b) contains the declarations specified in paragraph (4), and

(c) is accompanied by the documents specified in paragraph (5).

(2) The requirements specified in this paragraph are that the notice—

(a) is in writing,

(b) states the name and address of the person submitting the notice,

(c) states that it is being submitted as a notice of intent for the purposes of Article 8,

(d) identifies the location, or proposed location, of the station to which the notice relates,

(e) confirms that the person submitting the notice is a person who proposes to construct or operate the station to which the notice relates, or a person who is arranging for the construction of the station, and

(f) confirms that the station is not yet commissioned.

(3) The requirements specified in this paragraph are that each declaration contained in the notice in accordance with this Article must—

(a) be signed by an appropriate individual, and

(b) state that it is made to the best of that individual’s knowledge and belief.

(4) The declarations specified in this paragraph are—

(a) a declaration that following receipt of the confirmation referred to in paragraph (8)(b)—

(i) the person submitting the notice will have access to sufficient resources to commission the station, and

(ii) the station is expected to be commissioned on or before 31st March 2017; and

(b) a declaration that the person submitting the notice (or a person connected with that person within the meaning of section 1122 of the Corporation Tax Act 2010(1))—

(i) owns the land on which the station is, or is to be, situated, or

(ii) has entered into an agreement to lease the land on which the station is, or is to be, situated, or

(iii) has an option to purchase or to lease the land on which the station is, or is to be, situated.

(5) The documents specified in this paragraph are, subject to paragraph (6), a copy of—

(a) an offer from a network operator (“the relevant network operator”) to carry out grid works in relation to the station (“the relevant grid works”); and

(b) a document written by, or on behalf of, the relevant network operator which confirms that at the date of receipt of the connection application for the generating station, it was the intention of the relevant network operator to complete the relevant grid works no later than 31st March 2017.

(6) Paragraph (5) does not apply if the notice contains a declaration that no grid works are required in order to commission the generating station.

(7) Where the Authority is satisfied that a notice—

(a) meets the requirements specified in paragraphs (2) and (3),

(b) contains the declarations specified in paragraph (4),

(c) was accompanied by the documents specified in paragraph (5), and

(d) was received by the Authority on or before the relevant date,

the Authority must give the information specified in paragraph (8) to the person who submitted the notice.

(8) The information specified in this paragraph is—

(a) the date on which the notice of intent was received by the Authority, and

(b) confirmation that the Authority is satisfied that the notice is a notice of intent for the purposes of Article 8.

(9) In this Article—

“appropriate individual”, in relation to a notice, means—

(a)

where the person submitting the notice is a body corporate (other than a limited liability partnership), an individual who is a director, the treasurer, secretary or chief executive of that body,

(b)

where the person submitting the notice is a limited liability partnership, an individual who is a designated member of that partnership, within the meaning given in section 8 of the Limited Liability Partnerships Act 2000(2),

(c)

where the person submitting the notice is a partnership (other than a limited liability partnership), an individual who is a partner in that partnership,

(d)

where the person submitting the notice is an unincorporated association (other than a partnership), an individual who is a member of the governing body of that association,

(e)

where the person submitting the notice is an individual, that individual.

(10) For the purposes of paragraph (2)(a), a notice that is “in writing” includes a notice that is submitted to the Authority by electronic mail, facsimile or similar means which are capable of producing a document containing the text of the notice.

(1)

2010 c.4.

(2)

2000 c.12. Section 8 was applied to Northern Ireland by paragraph 9 of Schedule 3 to S.I. 2009/1804 and was amended by paragraph 4 of the same Schedule