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7. In regulation 12—
(a)for paragraph (1)(b) substitute—
“(b)except where regulation 9(2)(b) or 9A applies, the plant was new at the time of installation;”;
(b)for paragraph (2) substitute—
“(2) In the case of a CHP system—
(a)the requirements of paragraphs (1)(a)(i) and (b) are deemed to be satisfied where a plant was previously generating electricity only, using biogas, and was first commissioned as a CHP system on or after 4th December 2013; and
(b)the requirements of paragraphs (1)(a)(ii) and (b) are deemed to be satisfied where the plant was previously generating electricity only, using solid biomass, solid biomass contained in waste, or biogas, and was first commissioned as a CHP system on or after 15th July 2009.”.
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