The Renewables Obligation (Amendment) (EU Exit) Regulations 2019

Regulation 2(1)

SCHEDULE 1 Renewables Obligation Order 2015

Renewables Obligation Order 2015 amended

1.  The Renewables Obligation Order 2015 is amended in accordance with paragraphs 2 to 9.

Article 2 amended (interpretation)

2.—(1) Article 2 is amended as follows.

(2) In paragraph (1) omit the definition of “permitted termination event”.

Article 45 amended (generating stations using excluded capacity to generate electricity)

3.—(1) Article 45 is amended as follows.

(2) In paragraph (4)(e) omit paragraph (ii) and the “and” preceding it.

Article 50 amended (combustion units in relation to which a CFD or investment contract has been entered into)

4.—(1) Article 50 is amended as follows.

(2) In paragraph (1)(b) omit paragraph (ii) and the “and” preceding it.

(3) In paragraph (4) omit from “unless” to the end.

Article 62 amended (common agricultural policy requirements in the case of bioliquids)

5.—(1) Article 62 is amended as follows.

(2) The existing text becomes paragraph (1).

(3) In paragraph (1)(a)(ii) for “cultivated in the EU” substitute “cultivated in the United Kingdom or the EU”.

(4) After paragraph (1) insert—

“(2) In paragraph (1), a reference to the 2013 Regulation is a reference to—

(a) in relation to biomaterial cultivated in the United Kingdom on or after exit day, the 2013 Regulation as it forms part of domestic law;

(b) in any other case, the 2013 Regulation as it has effect in EU law.”.

Article 88 amended (preliminary accreditation of generating stations)

6.—(1) Article 88 is amended as follows.

(2) In paragraph (2)(c) omit “subject to paragraph (3),”.

(3) Omit paragraph (3).

Article 89 amended (accreditation of generating stations)

7.—(1) Article 89 is amended as follows.

(2) In paragraph (4)(e) omit “subject to paragraph (8),”.

(3) Omit paragraph (8).

(4) In paragraph (9)(b)—

(a) omit “either—”;

(b) omit paragraph (ii) and the “or” preceding it.

Article 91 amended (registration of offshore wind turbines)

8.—(1) Article 91 is amended as follows.

(2) In paragraph (5)(b) for “one of the documents” substitute “the document”.

Article 92 amended (registration of additional capacity)

9.—(1) Article 92 is amended as follows.

(2) In paragraph (5)(b)—

(a) omit “either—”;

(b) omit paragraph (ii) and the “or” preceding it.

Regulation 2(2)

SCHEDULE 2 Renewables Obligation (Scotland) Order 2009

Renewables Obligation (Scotland) Order 2009 amended

1.  The Renewables Obligation (Scotland) Order 2009 is amended in accordance with paragraphs 2 and 3.

Article 22B amended (common agricultural policy requirements)

2.—(1) Article 22B is amended as follows.

(2) The existing text becomes paragraph (1).

(3) In paragraph (1)(a)(ii) for “cultivated in the EU” substitute “cultivated in the United Kingdom or the EU”.

(4) After paragraph (1) insert—

“(2) In paragraph (1), a reference to the 2013 Regulation is a reference to—

(a) in relation to biomaterial cultivated in the United Kingdom on or after exit day, the 2013 Regulation as it forms part of domestic law;

(b) in any other case, the 2013 Regulation as it has effect in EU law.”.

Article 58 amended (preliminary accreditation of generating stations)

3.—(1) Article 58 is amended as follows.

(2) In paragraph (4) omit sub-paragraphs (a) to (c) including the “or” at the end of sub-paragraph (c).

Regulation 2(3)

SCHEDULE 3 Renewables Obligation Order (Northern Ireland) 2009

Renewables Obligation Order (Northern Ireland) 2009 amended

1.  The Renewables Obligation Order (Northern Ireland) 2009 is amended in accordance with paragraph 2.

Article 21B amended (common agricultural policy requirements)

2.—(1) Article 21B is amended as follows.

(2) The existing text becomes paragraph (1).

(3) In paragraph (1)(a)(ii) for “cultivated in the EU” substitute “cultivated in the United Kingdom or the EU”.

(4) After paragraph (1) insert—

“(2) In paragraph (1), a reference to the 2013 Regulation is a reference to—

(a) in relation to biomaterial cultivated in the United Kingdom on or after exit day, the 2013 Regulation as it forms part of domestic law;

(b) in any other case, the 2013 Regulation as it has effect in EU law.”.