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The Renewables Obligation Order 2009

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Refusing to issue and revoking ROCs

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41.  (1)  The Authority may refuse to issue a ROC

(a)where any criterion in articles 36 to 40 which relates to that ROC is not (in its opinion) met;

(b)where any information referred to in article 36(4) or any confirmation provided to it under this Part is not (in its opinion) accurate and reliable.

(2) Where, in relation to any electricity generated by a generating station in a month, the Authority is satisfied that—

(a)any information referred to in article 36(4) is false;

(b)any confirmation provided to it under this Part is false; or

(c)a ROC was issued on the basis of any fraudulent behaviour, statement or undertaking on the part of the operator of that generating station or a connected person or, where ROCs are issued to an agent by virtue of article 35, that agent,

the Authority must revoke all ROCs issued in respect of that electricity in that month.

(3) The Authority must also revoke any ROC which it has issued—

(a)where the ROC certifies the matters within section 32B(4) or (6) of the Act and (before the ROC is produced to it under article 5) the Northern Ireland authority has notified the Authority that it is not satisfied that the electricity in respect of which the ROC was issued has been supplied to customers in Northern Ireland;

(b)where it is otherwise satisfied that the ROC is inaccurate.

(4) Where the Authority—

(a)is no longer satisfied that a ROC should have been issued;

(b)has reasonable doubts as to the accuracy or reliability of the information upon which it relied prior to the issue of a ROC; or

(c)has been unable, due to a failure or refusal by any person (whether inside or outside England and Wales) to provide it with any information reasonably requested by it, to check the accuracy of either a ROC or any information which it relied upon prior to the issue of a ROC,

it may revoke the ROC (or another ROC which is identical in all material respects and which has been issued to the same person).

(5) In determining whether to revoke a ROC under paragraph (3)(b) or (4), the Authority may disregard any changes to the amounts for “gross output” (within the meaning of article 25) and “input electricity” (within the meaning of article 24) which were used by it to determine a generating station’s renewable output in a month if satisfied that, in all the circumstances, it is reasonable for it to do so.

(6) Where the Authority revokes a ROC it must delete that ROC from the Register and as soon as reasonably practicable afterwards give notice in writing of such revocation to the person who was the registered holder of the ROC at the time of its revocation.

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