54B.—(1) A renewables obligation order may specify the amount of electricity to be stated in each renewables obligation certificate, and different amounts may be specified in relation to different cases or circumstances.
(2) In particular, different amounts may be specified in relation to—
(a)electricity generated from different renewable sources;
(b)electricity generated by different descriptions of generating station;
(c)electricity generated in different ways.
(3) In this Article “banding provision” means provision made in a renewables obligation order by virtue of paragraph (1).
(4) Before making any banding provision, the Department must have regard to the following matters—
(a)the costs (including capital costs) associated with generating electricity from each of the renewable sources or with transmitting or distributing electricity so generated;
(b)the income of operators of generating stations in respect of electricity generated from each of those sources or associated with the generation of such electricity;
(c)the effect of paragraph 19 of Schedule 6 to the Finance Act 2000 (c.17) (supplies of electricity from renewable sources exempted from climate change levy) in relation to electricity generated from each of those sources;
(d)the desirability of securing the long term growth, and economic viability, of the industries associated with the generation of electricity from renewable sources;
(e)the likely effect of the proposed banding provision on the number of renewables obligation certificates issued by the Authority, and the impact this will have on the market for such certificates and on consumers;
(f)the potential contribution of electricity generated from each renewable source to the attainment of any target which relates to the generation of electricity or the production of energy and is imposed by, or results from or arises out of, a Community obligation.
(5) For the purposes of paragraph (4)(a), the costs associated with generating electricity from a renewable source include any costs associated with the production or supply of heat produced in connection with that generation.
(6) For the purposes of paragraph (4)(b), an operator's income associated with the generation of electricity from a renewable source includes any income connected with—
(a)the acquisition of the renewable source;
(b)the supply of heat produced in connection with the generation;
(c)the disposal of any by-product of the generation process.
(7) After the first order containing banding provision is made, no subsequent order containing such provision may be made except following a review held by virtue of paragraph (8).
(8) A renewables obligation order—
(a)may authorise the Department to review the banding provision at such intervals as are specified in or determined in accordance with the order, and
(b)may authorise the Department to review the whole or any part of the banding provision at any time when the Department is satisfied that one or more of the specified conditions is satisfied.]
F1Arts. 52-55F substituted (1.2.2009) for arts. 52-55 by Energy (Amendment) Order (Northern Ireland) 2009 (S.R. 2009/35), art. 2 (with art. 4)