Climate Change and Sustainable Energy Act 2006

23 Renewables obligation: issue of green certificates

(1) Section 32B of the Electricity Act 1989 (c. 29) (green certificates) is amended as follows.

(2) In subsection (1), at the end insert “or, if the order so provides, to a person of any other description specified in the order”.

(3) In subsection (1A), at the end add “or, if the order provides that a certificate may certify the matters within subsection (2ZA), (2AA), (2AB) or (2AC), the matters within that subsection”.

(4) In subsections (2) and (2A), for “to an electricity supplier or to a Northern Ireland supplier,” substitute “otherwise than to the operator of a generating station,”.

(5) After subsection (2) insert—

“(2ZA) The matters within this subsection are—

(a) that two or more generating stations have, between them, generated from renewable sources the amount of electricity stated in the certificate; and

(b) that it has been supplied to customers in Great Britain (or the part of Great Britain stated in the certificate).”

(6) After subsection (2A) insert—

“(2AA) The matters within this subsection are—

(a) that two or more generating stations have, between them, generated from renewable sources the amount of electricity stated in the certificate;

(b) that none of them is a generating station mentioned in Article 54(1) of the Energy (Northern Ireland) Order 2003; and

(c) that the electricity has been supplied to customers in Northern Ireland.

(2AB) The matters within this subsection are—

(a) that the generating station, or, in the case of a certificate issued otherwise than to the operator of a generating station, a generating station specified in the certificate, has generated from renewable sources the amount of electricity stated in the certificate; and

(b) that the electricity has been used in a permitted way.

(2AC) The matters within this subsection are—

(a) that two or more generating stations have, between them, generated from renewable sources the amount of electricity stated in the certificate; and

(b) that the electricity has been used in a permitted way.

(2AD) For the purposes of subsections (2AB) and (2AC), electricity generated by a generating station, or generating stations, of any description is used in a permitted way if—

(a) it is used in one of the ways mentioned in subsection (2AE); and

(b) that way is specified in the order as a permitted way—

(i) in relation to all generating stations, or

(ii) in relation to generating stations of that description.

(2AE) Those ways are—

(a) being consumed by the operator of the generating station or generating stations by which it was generated;

(b) being provided to a distribution system or a transmission system in circumstances in which its supply to customers cannot be demonstrated;

(c) being used, as respects part, as mentioned in paragraph (a)and, as respects the remainder, as mentioned in paragraph (b);

(d) being used, as respects part, as mentioned in paragraph (a), (b) or (c) and, as respects the remainder, by being supplied to customers in Great Britain or customers in Northern Ireland, or both.”

(7) In subsection (2B), after “(2A)” insert “or (2AA)”.

(8) In subsection (3), after “(2)” insert “or (2AZ)”.

(9) In subsection (4), after “subsection (2A)” insert “or any of subsections (2AA) to (2AC)”.