The Renewables Obligation Closure Order 2014

Notices of intent

13.—(1) For the purposes of articles 11 and 12, 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 11 or 12,

(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 (9)(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) in the case of a station that is not, or is not intended to be, an offshore generating station, 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,

(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—

(a) subject to paragraph (6), a copy of—

(i) 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

(ii) a document written by, or on behalf of, the relevant network operator which estimates or sets a date for completion of the relevant grid works which is no later than 31st March 2017;

(b) subject to paragraph (7), a copy of the planning permission for the station; and

(c) in the case of a station that is, or is intended to be, an offshore generating station, documents demonstrating 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) has entered into an agreement with the Crown Estate Commissioners for lease of the seabed where the station is, or is to be, situated.

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

(7) Paragraph (5)(b) does not apply if the notice contains a declaration that planning permission is not required for the generating station.

(8) 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 (9) to the person who submitted the notice.

(9) 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 11 or 12.

(10) 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;

“offshore generating station” means a generating station which generates electricity from wind and which—

(a)

has its wind turbines situated wholly in offshore waters, and

(b)

is not connected to dry land by means of a permanent structure which provides access to land above the mean low water mark;

“offshore waters” has the same meaning as in the Renewables Obligation Order 2009(3); and

“planning permission” means—

(a)

in the case of an offshore generating station—

(i)

consent under section 36 of the Electricity Act 1989(4),

(ii)

consent under Article 39 of the Electricity (Northern Ireland) Order 1992(5), or

(iii)

development consent under the Planning Act 2008(6),

(b)

in all other cases—

(i)

consent under section 36 of the Electricity Act 1989,

(ii)

planning permission under the Town and Country Planning Act 1990(7),

(iii)

planning permission under the Town and Country Planning (Scotland) Act 1997(8), or

(iv)

development consent under the Planning Act 2008.

(11) 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 has been amended by paragraph 4 of Schedule 3 to S.I. 2009/1804.

(3)

See article 2(1) of S.I. 2009/785.

(4)

Section 36 of the Electricity Act 1989 has been amended by section 93(1) and (3) of the Energy Act 2004 (c. 20), paragraph 32 of Schedule 2 to the Planning Act 2008 (c. 29) and section 12(7)(a) and (8) of the Marine and Coastal Access Act 2009 (c. 23). It has also been amended in relation to Scotland by S.I. 2006/1054. Functions of the Secretary of State under section 36 have been transferred to the Scottish Ministers by S.I. 2006/1040, in so far as exercisable in or as regards Scotland (see also S.I. 2005/3153). Functions of the Secretary of State under section 36(1), (5) and (7) have been transferred to the Marine Management Organisation by section 12(1) to (4) of the Marine and Coastal Access Act 2009 as regards certain offshore generating stations.

(5)

S.I. 1992/231 (N.I. 1). Article 39 of that Order has been amended by S.R. 1994/180, regulation 9 of S.R. 2005/335 and regulation 3 of S.R. 2011/247. It has been modified by article 2 of S.R. 2008/54.

(6)

2008 c. 29. Amendments have been made by Chapter 6 of Part 6 of, Part 1 of Schedule 13 to, and Part 20 of Schedule 25 to, the Localism Act 2011 (c. 20) and sections 18(3) and 26 of the Growth and Infrastructure Act 2013 (c.27). There are other amendments which are not relevant.

(7)

1990 c.8. Amendments have been made by Schedules 6, 7 and 19 to the Planning and Compensation Act 1991 (c.34), section 16 of the Transport and Works Act 1992 (c.42), paragraph 32 of Schedule 10 to the Environment Act 1995 (c.25), sections 40, 41, 44, 45 and 51 of, and Schedules 6 and 9 to, the Planning and Compulsory Purchase Act 2004 (c.5), sections 188 and 190 of, and Schedules 2 and 13 to, the Planning Act 2008 (c.29), Schedule 5 to the Local Democracy, Economic Development and Construction Act 2009 (c.20), Schedules 9, 12 and 25 to the Localism Act 2011 (c.20) and sections 1, 4, 5 and 21 of, and Schedule 1 to, the Growth and Infrastructure Act 2013 (c.27). Certain functions of the Secretary of State under the Town and Country Planning Act 1990 have been transferred to the Welsh Ministers, by S.I. 1999/672. There are other amendments which are not relevant.

(8)

1997 c.8. Amendments have been made by S.I. 1999/1820, Part 3 of the Planning etc (Scotland) Act 2006 (asp 17), paragraph 55 of Schedule 2 to the Planning Act 2008 (c.29), S.S.I. 2013/24 and S.S.I. 2013/26. There are other amendments which are not relevant.