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40. (1) Once during each obligation period the person to whom a ROC certifying the matters within section 32B(5), (6) or (8) is to be issued must confirm to the Authority in writing, whether before or after the generation of the electricity to which the ROC relates, the matters set out in paragraph (2).
(2) The matters set out in this paragraph are—
(a)that each of the generating stations in relation to which the ROC is to be issued—
(i)is a microgenerator, and
(ii)is accredited as a generating station capable of generating electricity in the same way from the same renewable source, and
(b)where the generating stations in relation to which the ROC is to be issued are operated by two or more persons (“the operators”), that the operators have each—
(i)appointed the person providing the confirmation to act as agent to receive the ROC on their behalf in accordance with article 35 (issue of ROCs to agents), and
(ii)agreed that their entitlement to ROCs should be determined in the same way (either on a monthly basis or on an annual basis, depending on whether or not a notice has been given to the Authority under article 60(2) (modifications of this Order in relation to microgenerators in certain circumstances)).
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