http://www.legislation.gov.uk/nisr/2009/154The Renewables Obligation Order (Northern Ireland) 2009Renewable energyBiofuelsLife eventsEnergy and fuelenELECTRICITYStatute Law Database2026-04-16Expert Participation2026-03-24 This Order imposes an obligation (“the renewables obligation”) on all electricity suppliers, licensed under the Electricity Order (Northern Ireland) 1992 (“the Electricity Order”) who supply electricity in Northern Ireland, to produce a certain number of renewables obligation certificates in respect of each megawatt hour of electricity that each supplies to customers in Northern Ireland during a specified period known as an obligation period (Article 5). It also “bands” the different technologies that are used to generate electricity from renewable sources, meaning that the number of certificates that will be issued in respect of that electricity depends on the way in which that electricity has been generated. The Order provides for the renewables obligation to be administered by the Northern Ireland Authority for Utility Regulation(“the Authority”) who are responsible for issuing renewables obligation certificates (NIROCs) to renewable electricity generators on their renewable output. These certificates are sold to electricity suppliers with or without the associated renewable electricity. The Renewables Obligation Order (Northern Ireland) 2009Sch. 3A para. 2(d)(x)(cc)(dd)The Renewables Obligation (Amendment) Order (Northern Ireland) 2014art. 10(2)art. 11art. 1(1) The Renewables Obligation Order (Northern Ireland) 2009 2009 No. 154ElectricityThe Renewables Obligation Order (Northern Ireland) 2009Laid before the Assembly in draftMade27th March 2009Coming into operation1st April 2009

The Department of Enterprise, Trade and Investment makes the following Order in exercise of the powers conferred on it by Articles 52 to 55F and 66(3) of the Energy (Northern Ireland) Order 2003.

The Department has had regard to those matters stated in Article 54B(4) of that Order.

The Department has consulted the Northern Ireland Authority for Utility Regulation, the General Consumer Council for Northern Ireland, electricity suppliers to whom this Order applies, persons generating electricity from renewable sources in Northern Ireland and such other persons as it considers appropriate.PART 1Introductory ProvisionsCitation and commencement1This Order may be cited as the Renewables Obligation Order (Northern Ireland) 2009 and shall come into operation on 1st April 2009.Interpretation21In this Order—“the 2007 Order” means the Renewables Obligation Order (Northern Ireland) 2007; “2013/14 capacity” means—in relation to a generating station accredited on or before 30thApril 2013, any capacity which—in the Authority’s view, forms part of the station from a date no earlier than 1stMay 2013 and no later than 31stMarch 2014, anddoes not form part of the capacity of the station as accredited;in relation to a generating station which is registered under Article 50A as a grace period generating station, any capacity which—in the Authority’s view, forms part of the station from a date no later than 31stMarch 2014, anddoes not form part of the capacity of the station as accredited;in relation to a generating station which—was not accredited on or before 30thApril 2013,was accredited on or before 31stMarch 2014, andis not registered under Article 50A as a grace period generating station, the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31stMarch 2014; “2013/15 capacity” means any capacity which is—2013/14 capacity, or2014/15 capacity; “2014/15 capacity” means—in relation to a generating station accredited on or before 31stMarch 2014, any capacity which—in the Authority’s view, forms part of the station from a date no earlier than 1stApril 2014 and no later than 31stMarch 2015, anddoes not form part of the capacity of the station as accredited;in relation to a generating station which—was not accredited on or before 31st March 2014, andwas accredited on or before 31st March 2015,the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31st March 2015; “2015/16 capacity” means—in relation to a generating station accredited on or before 31stMarch 2015, any capacity which—in the Authority’s view, forms part of the station from a date no earlier than 1stApril 2015 and no later than 31stMarch 2016, anddoes not form part of the capacity of the station as accredited;in relation to a generating station whichwas not accredited on or before 31st March 2015, andwas accredited on or before 31st March 2016,the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31st March 2016; “accreditation”, in relation to a generating station means accreditation of the generating station in Northern Ireland by the Authority as one which is capable of generating electricity, from renewable sources (and includes accreditation granted before 1st April 2009); “advanced fuel” means a liquid or gaseous fuel which is produced directly or indirectly from the gasification or the pyrolysis of—waste, orbiomass; “anaerobic digestion” means the bacterial fermentation of organic material in the absence of free oxygen; “animal excreta” means excreta produced by animals and includes biomass wholly derived from excreta produced by animals; “biomass” is to be construed in accordance with Article 4; “BS EN 15359:2011” means the document identified by Standard Number BS EN 15359:2011 and entitled “Solid recovered fuels. Specifications and classes” published by the British Standards Institution on 30th November 2011; “BS EN 15402:2011” means the document identified by Standard Number BS EN 15402:2011 and entitled “Solid recovered fuels. Determination of the content of volatile matter” published by the Brtitsh Standards Institution on 31st March 2011;“BS EN 15415-1:2011” means the document identified by Standard Number BS EN 15415-1:2011 and entitled “Solid recovered fuels. Determination of particle size distribution. Screen method for small dimension particles” published by the British Standards Institution on 30th September 2011;“BS EN 15590:2011” means the document identified by Standard Number BS EN 15590:2011 and entitled “Solid recovered fuels. Determination of the current rate of aerobic microbial activity using the real dynamic respiration index” published by the British Standards Institution on 30th September 2011“biomaterial” means the biodegradable part of—products, waste and residues of biological origin from agriculture (including vegetal and animal substances), forestry and related industries (including fisheries and aquaculture); andindustrial, commercial and municipal waste;............ “CHPQA” means the Combined Heat and Power Quality Assurance Standard, Issue 6, October 2016 and Guidance Note 44 (Use of CHPQA in respect of the Renewables Obligation and Contracts for Difference), Issue 6, October 2016; “civil works”, in relation to a hydro generating station, are to be regarded as all man-made weirs, man-made structures and man-made works for holding water, which are located on the inlet side of a turbine (turbine A) excluding any such structures or works which supply another turbine before water is supplied to the structures and works which supply turbine A;“combined heat and power generating station” means a station producing electricity that is (or may be) operated for purposes including the supply of any premises of—heat produced in association with electricity; orsteam produced from, or air or water heated by, such heat; “combustion unit” means a boiler, turbine or engine; “commissioned”, in relation to a generating station, means the completion of such procedures and tests in relation to that station as constitute, at the time they are undertaken, the usual industry standards and practices for commissioning that type of generating station in order to demonstrate that that generating station is capable of commercial operation;“the Company” means NIE Energy Ltd;“connected person”, in relation to the owner or operator of a generating station, or any party to a NFFO arrangement, means any person connected to the owner, operator or party within the meaning of ...; “consumer prices index” meansthe consumer prices index calculated and published by the Statistics Board orwhere the index is not published for a month, any substituted index or figures published by the Statistics Board; “declared net capacity”, in relation to a generating station, means the maximum capacity at which the station could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption) less the amount of electricity that is consumed by the plant;“designated electricity supplier” except where it appears in the definition of “Great Britain designated supplier”, is to be construed in accordance with Article 5(1);“the Electricity Act” means the Electricity Act 1989;“energy content”, in relation to any substance, means the energy contained within that substance (whether measured by a calorimeter or determined in some other way) expressed in terms of the substance’s gross calorific value within the meaning of British Standard BS 7420:1991 (Guide for determination of calorific values of solid, liquid and gaseous fuels (including definitions) published by British Standards Institute on 28th June 1991); “energy crops” means—a perennial crop planted at high density, the stems of which are harvested above ground level at intervals of less than twenty years and which is one of the following—Acer pseudoplatanus (also known as sycamore);Alnus (also known as alder);Betula (also known as birch);Castanea sativa (also known as sweet chestnut);Corylus avellana (also known as hazel);Fraxinus excelsior (also known as ash);Populus (also known as poplar);Salix (also known as willow);Tilia cordata (also known as small-leaved lime); ora perennial crop which is one of the following—Arundo donax (also known as giant reed);Bambuseae, where the crop was planted after 31stDecember 1989 and is grown primarily for the purpose of being used as fuel;Miscanthus;Panicum;Pennisetum (other than Pennisetum setaceum (also known as fountain grass), Pennisetum clandestinum (also known as kikuyu grass) and Pennisetum villosum (also known as feathertop grass));Phalaris; “the Energy Order” means the Energy (Northern Ireland) Order 2003;“fossil derived bioliquid” means bioliquid produced directly or indirectly from—coal;lignite;natural gas (within the meaning of the Energy Act 1976);crude liquid petroleum, or;petroleum products (within the meaning of the Energy Act 1976);“gasification” means the substoichiometric oxidation or steam reformation of a substance to produce a gaseous mixture containing two or all of the following: oxides of carbon, methane and hydrogen;“GBRO Order” means any order made pursuant to section 32 of the Electricity Act;“GBROC” means a certificate issued by the Great Britain Authority under section 32B of the Electricity Act and pursuant to a GBRO Order and, save where the context otherwise requires, includes a replacement GBROC;“GBROC identifier” means an identifier unique to a GBROC determined by the Great Britain authority and containing the following information (or reference to that information in coded format)the month and year during which the electricity was generated;the location of the generating station or, where the GBROC certifies the matters within section 32B(5), (6) or (8) of the Electricity Act the location of the agent to whom the GBROC was issued under a GBRO Order;a description of the generating station including reference to the source or sources of fuel used by it or them to generate electricity or, where the GBROC certifies the matters within section 32B(5), (6) or (8) of the Electricity Act, the generating station to which the GBROC relates;the date of issue of the GBROC; andthe number allocated to a GBROC by the Great Britain authority in accordance with a GBRO Order;“Great Britain authority” means the Gas and Electricity Markets Authority;“Great Britain designated supplier” means a designated electricity supplier within the meaning of a GBRO Order; “greenhouse gas emission criteria” means—in the case of bioliquid, the criteria set out in Schedule A1 (greenhouse gas emission criteria for bioliquid); andin all other cases, the criteria set out in Part 1 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass); “hazardous waste” means any waste which is hazardous waste as defined by Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council on waste;...“hydro generating station” means a generating station driven by water (other than a generating station driven by tidal flows, waves, ocean currents or geothermal sources) and includes all turbines supplied with water by or from the same civil works, except any turbine driven by a compensation flow supplied by or from those civil works in a natural water course where there is a statutory obligation to maintain that compensation flow in that water course (in which case that turbine and associated infrastructure is to be regarded as a separate hydro generating station); “ISAE 3000” means the International Standard on Assurance Engagements 3000 published by the International Federation of Accountants; “land criteria” means the criteria set out in Schedule A2;“landfill” has the meaning given in Article 2(g) of Council Directive 1993/31/EC.“landfill gas” means gas formed by the digestion of material in a landfill.“licensed supplier” means an electricity supplier or any electricity supplier within the meaning of Part I of the Electricity Act.“linked person” in relation to a person who is a party a NFFO arrangement (“the first person”), means another person who has given or has arranged to give to the first person or has ensured that or has arranged to ensure that the first person is given, a financial or other inducement relating to any right or interest in, or in respect of, the construction or operation of a generating station at the location;“MCS” means the Microgeneration Certification Scheme or equivalent schemes accredited under EN45011 which certify microgeneration products and installers in accordance with consistent standards;“microgenerator” means a generating station which has a declared net capacity of 50 kilowatts or less;“micro hydro generating station” means a hydro generating station which—has a declared net capacity of 1.25 megawatts or less; andhas never generated electricity under an arrangement which has ever been a NFFO arrangement; “municipal waste” means—waste from households; andother waste that, because of its nature or composition, is similar to waste from households; “NFFO arrangement” means an arrangement which was originally made pursuant to a Non-Fossil Fuel Order (and includes any replacement of such an arrangement where that replacement was made pursuant to an order made under Article 57 of the Energy Order);“NIROC” means a certificate issued by the authority under Article 54 of the Energy Order and pursuant to this Order;“NIROC identifier” has the meaning given by paragraph 3 of Schedule 3;“Non-Fossil Fuel Order” means the Electricity (Non-Fossil Fuel Sources) Order (Northern Ireland) 1994 or the Electricity (Non-Fossil Fuel Sources) Order (Northern Ireland) 1996;“obligation period” means any of the periods referred to in the first column of Schedule 1;“permitted ancillary purposes” is to be construed in accordance with Article 21(3) (fossil fuel or waste used for permitted ancillary purposes);“plant”, with reference to crops or plant matter, includes shrubs and trees; “post-2016 capacity” means—in relation to a generating station accredited on or before 31stMarch 2016, any capacity which—in the Authority’s view, forms part of the station from a date no earlier than 1stApril 2016, anddoes not form part of the capacity of the station as accredited;in relation to a generating station which—is accredited, andwas not accredited on or before 31stMarch 2016,the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station; “pre–2013 capacity” means—in relation to a generating station accredited on or before 30thApril 2013, the capacity of the station as accredited, together with any additional capacity, which in the Authority’s view, forms part of the station from a date no later than 30thApril 2013;in relation to a generating station which is registered under Article 50A as a grace period generating station, the capacity of the station as accredited; “preliminary accreditation”, in relation to a generating station, means accreditation of the station as one which (when commissioned) will be capable of generating electricity from renewable sources by the Authority (and includes preliminary accreditation granted before 1st April 2009);“pyrolysis” means the thermal degradation of a substance in the absence of any oxidising agent (other than that which forms part of the substance itself) to produce char and one or both of gas and liquid;“qualifying combined heat and power generating station” means a combined heat and power generating station which has been accredited under CHPQA;“qualifying power output” in relation to a qualifying combined heat and power generating station, has the meaning given to them in the CHPQA; “qualifying proportion”, in relation to electricity generated by a qualifying combined heat and power generating station, is the proportion which the qualifying power output of the station bears to its total power output; “Register” has the meaning given to it in Article 51(1);“registered holder” has the meaning given to it in paragraph 3 of Schedule 3;“regular biomass” means biomass other than—sewage gas,landfill gas,energy crops,fuel produced by means of anaerobic digestion,...advanced fuel; “relevant target” has the meaning given by paragraph 1 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass); “Renewables Directive” means Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, and in Article 46A and Schedules A1 and A2 and 3A references to Annex 5 to the Directive are to be construed as references to Annex 5 to the Directive as amended from time to time; “renewables obligation” has the meaning given to it in Article 5(1);“renewables obligation certificate” means—a renewables obligation certificate issued by the Authority under this Order;a GBROC;“renewable output” is to be construed in accordance with Articles 23 and 24;“Respiratory Index” means the rate of oxygen uptake expressed in milligrams of oxygen per kilogram of volatile solids per hour;“retail prices index” means—the general index of retail prices (for all items) published by the Office for National Statistics; orwhere the index is not published for a year, any substituted index or figures published by that Office;“sewage gas” means gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed);“specified day”, in relation to an obligation period, means the 1st September immediately following it; “Solid Recovered Fuel” means solid fuel which—Complies with the classification and specification requirements in BS EN 15359:2011,is prepared from a waste which is not a hazardous waste (where hazardous waste has a meaning given in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council on waste),has a maximum rate of oxygen uptake of no more than 1500 milligrams of oxygen per kilogram of volatile solids per hour when measured using the real dynamic respiration test specified in BS EN 15590:2011, andwhen subject to a methodology for the determination of particle size in accordance with BS EN 15415-1:2011, is able to pass through an opening measuring no more than 150 millimetres in all dimensions “sustainability information” means information submitted to the Authority by the operator of a generating station for the purpose of demonstrating that a bioliquid meets the greenhouse gas emission criteria and the land criteria;“total installed capacity” means—in relation to a generating station, the maximum capacity at which the station could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption);in relation to a wind turbine, the maximum capacity at which the turbine could be operated for a sustained period without causing damage to it (assuming there was no interruption to the wind powering it);in relation to a type of generating capacity forming part of a generating station, the maximum capacity at which that generating capacity could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption);“total power output”, in relation to a qualifying combined heat and power generating station, has the meaning given to it in the CHPQA;“volatile solids” means any mass loss, corrected for moisture, when a solid is heated out of contact with air under the specified conditions and using the methods in CEN/TS 15402:2006; and “waste” has the meaning given in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste but—also includes anything derived from waste; and does not include landfill gas, sewage gas or any substance intentionally modified or contaminated to fall within the meaning of “waste” given in Article 3(1) of that Directive. 2Where waste , fossil derived bioliquid or biomass is used in a generating station (whether alone or together or in combination with another fuel) and—aa proportion of that waste , fossil derived bioliquid or biomass is, or is derived from, fossil fuel, andbin any month during which that waste , fossil derived bioliquid or biomass is used that proportion varies,references in this Order to the energy content of that waste or biomass and fossil fuel are references to the overall energy content of that waste or biomass and fossil fuel used to fuel the generating station during that month.3Where two or more of the fuels listed in paragraph (4) are mixed together to form one substance which is then used in a generating station to generate electricity, the provisions of this Order apply in relation to the electricity so generated in the same way as they would apply if the electricity had been generated using those fuels without mixing them together.4The fuels referred to in paragraph (3) are—afossil derived bioliquid;bbioliquid (not being fossil derived bioliquid);cbiomass (not being bioliquid);dwaste which constitutes a renewable source (not being bioliquid or biomass);efossil fuel including waste (other than waste falling within sub-paragraphs (a) to (d)).5Any reference in this Order to the provision of information “in writing” includes the provision of such information by electronic mail, facsimile or similar means which are capable of producing a document containing the text of any communication.6Any reference in this Order to the supply of electricity shall, in respect of a supply made in Northern Ireland, be construed in accordance with the definition of “supply” in Article 3 of the Electricity (Northern Ireland) Order 1992, and in respect of any other supply, be construed in accordance with the definition of “supply” in section 4(4) of the Electricity Act.7Any reference in this Order to a “type of generating capacity” is a reference to one of the following—apre-2013 capacity;b2013/14 capacity;c2014/15 capacity;d2015/16 capacity;epost-2016 capacity.8A reference in this Order to residue does not, in the case of residue from processing, include a reference to any substance that is a primary aim of a production process or that the process has been deliberately modified to produce.Waste as a renewable energy source31For the purposes of Articles 52 to 55F of the Energy Order and this Order, the term “renewable sources” includes waste of which not more than 90 per cent is waste which is, or is derived from, fossil fuel.2The proportion of waste which is, or is derived from, fossil fuel—ais to be determined by the Authority, andbis—ifor any waste that is a fossil derived bioliquid, the energy content of the fossil fuel from which the fossil derived bioliquid is directly or indirectly produced expressed as a percentage of the energy content of that fossil derived bioliquid as a whole,iifor all other waste, the energy content of the fossil fuel from which the waste is in part composed or derived expressed as a percentage of the energy content of that waste as a whole.3Where waste is used (whether on its own or not) to fuel a generating station, it is for the operator of the generating station to demonstrate to the Authority’s satisfaction what proportion of the waste is, or is derived from, fossil fuel.4Without prejudice to paragraph (3), when determining that proportion the Authority is entitled to have regard to any material (whether or not produced to it by the operator of the generating station) if, in its opinion, that material indicates what proportion of the waste is, or is derived from, fossil fuel.5But where the operator of a generating station in which municipal waste is used satisfies the Authority—aby reference to data published by the Department of Environment or a district council, that the proportion of the municipal waste so used which is, or is derived from, fossil fuel, is unlikely to exceed 50 per cent, andbthat the municipal waste so used has not been subject to any process before being so used that is likely to have had a materially increased that proportion,that constitutes sufficient evidence of the fact that the proportion of the municipal waste so used which is, or is derived from, fossil fuel is 50 per cent.6Where—amunicipal waste is used in a generating station and—ithe Authority is not satisfied as to the matters identified in paragraph (5), oriithe operator of the station is claiming that the proportion of that waste which is, or is derived from, fossil fuel is less than 50 per cent; orbwaste (not being municipal waste) is used in a generating station and the Authority is not satisfied as to what proportion of the waste is, or is derived from, fossil fuel,the Authority may require the operator of the generating station to arrange for samples of any fuel used (or to be used) in the station, or of any gas or other substance produced as a result of the use of such fuel, to be taken by a person, and analysed in a manner approved by the Authority, and for the results of that analysis to be made available to the Authority.7In this Article “municipal waste” has the same meaning as in Chapter 1 of Part 1 of the Waste and Emissions Trading Act 2003;Biomass and fuels which are to be treated as biomass41In this Order, “biomass” means fuel which—afalls within paragraph (1A),bfalls within paragraph (1B), orcis a fossil derived bioliquid.1AFuel falls within this paragraph if—aat least 90% of its energy content is derived from relevant material (that is to say, material which is, or is derived directly or indirectly from, plant matter, animal matter, fungi , algae or bacteria ), andbany fossil fuel forming part of the fuel is present following a process—ito which the relevant material has been subject, andiithe undertaking of which has caused the fossil fuel to be present in, on or with that material even though that was not the object of the process.1BFuel falls within this paragraph if—aat least 90% of its energy content is derived from relevant material (that is to say, material which is, or is derived directly or indirectly from, plant matter, animal matter, fungi , algae or bacteria ),bit is waste, andcany fossil fuel forming part of it was not added to it with a view to the fossil fuel being used as a fuel.2For the purposes of this Order, except Article 46 (information to be provided to the Authority where electricity is generated from biomass), a fuel which is used in a generating station with biomass but which is not biomass (including, where two or more of the fuels listed in Article 2(4) are mixed together before being so used, each of those fuels which is not biomass) is to be treated as biomass if—athe energy content of the fuel is derived in part from relevant material (within the meaning of the definition of biomass) and in part from fossil fuel;beither—ithe fossil fuel is present in it following a process—aato which its relevant material has been subject, andbbthe undertaking of which has caused the fossil fuel to be present in, on or with that material even though that was not the object of the process; oriiit is waste and the fossil fuel forming part of it was not added to it with a view to its being used as a fuel; andcat least 90 per cent of the total energy content of the fuel and the biomass with which the fuel is used is derived from relevant material.3Accordingly, any reference in this Order to biomass, other than in Article 46 is to be construed as a reference to biomass or fuel which (by virtue of paragraph (2)) is to be treated as biomass.4Where biomass (not being waste or fossil derived bioliquid) is used, whether on its own or not, to fuel a generating station and a proportion of it is composed of fossil fuel, the proportion of it which is composed of fossil fuel—ais to be determined by the Authority, andbis the energy content of the fossil fuel from which it is in part composed expressed as a percentage of its energy content as a whole.5It is for the operator of the generating station to demonstrate to the Authority’s satisfaction what proportion of the biomass is fossil fuel.6When determining that proportion the Authority is entitled to have regard to any material (whether or not produced to it by the operator of the generating station) if, in its opinion, that material indicates what proportion of the biomass is fossil fuel.7For the purposes of this Article, fossil fuel is not to be regarded as being derived directly or indirectly from plant matter, animal matter, fungi , algae or bacteria .<Addition ChangeId="key-6da974917e156c3685f10bf509a3d9d9-1741688397576" CommentaryRef="key-6da974917e156c3685f10bf509a3d9d9">Fossil derived bioliquid</Addition>4A1For the purpose of this Order, fossil derived bioliquid is to be treated as being in part composed of (or in part derived from) fossil fuel.2Where fossil derived bioliquid (not being waste) is used, whether on its own or not, to fuel a generating station, the proportion of fossil derived bioliquid which is to be treated as being composed of (or derived from) fossil fuel—ais to be determined by the Authority, andbis the energy content of the fossil fuel from which the fossil derived bioliquid is directly or indirectly derived expressed as a percentage of the energy content of the fossil derived bioliquid as a whole.3It is for the operator of the generating station to demonstrate to the Authority’s satisfaction what proportion of the fossil derived bioliquid is to be treated as being composed of (or derived from) fossil fuel.4When determining that proportion the Authority is entitled to have regard to any material (whether or not produced to it by the operator of the generating station) if, in its opinion, that material indicates what proportion of the fossil derived bioliquid is to be treated as being composed of (or derived from) fossil fuel.PART 2The Renewables ObligationThe renewables obligation51the renewables obligation is imposed on each electricity supplier supplying electricity in Northern Ireland (a “designated electricity supplier”).2The renewables obligation is that, subject to Articles 40 and 41 each designated electricity supplier must, by the specified day, produce to the Authority, in respect of each megawatt hour of electricity that he supplies to customers in Northern Ireland during an obligation period—asubject to sub-paragraph (b), the number of renewables obligation certificates determined in accordance with Article 12;bwhere the obligation period commences on 1st April 2009, 0.035 renewables obligation certificates for each megawatt hour so supplied.3To enable the number referred to in paragraph (2)(a) to be determined, the Department must first determine, for the obligation period in question, calculations A and B and the total number of renewables obligation certificates required to be produced by designated electricity suppliers in accordance with Articles 6 to 11.4Where the number of renewable obligation certificates that a designated electricity supplier is required to produce by virtue of paragraph (2) is not a whole number, it is to be rounded to the nearest whole number (one-half being rounded upwards).Part of calculation A referable to Great Britain6The part of calculation A referable to Great Britain is the estimate of megawatt hours of electricity likely to be supplied to customers in Great Britain during a particular obligation period, as estimated by the Secretary of State under Article 6(1) of the Renewables Obligation Order 2009 (Part of calculation A referable to Great Britain), multiplied by the figure which corresponds to that particular period in the second column of Schedule 1.Part of calculation A referable to Northern Ireland71Before the start of each obligation period identified in the first column of Schedule 1, (except for the first such period), the Department is to estimate, in megawatt hours, the total amount of electricity likely to be supplied to customers in Northern Ireland during that period by electricity suppliers designated under this Order.2The figure representing the number of megawatt hours so estimated for an obligation period is to be multiplied by the figure which corresponds to that period in the third column of Schedule 1.Calculation A81The product of the calculation referred to in Article 6, added to the product of the calculation in Article 7(2), is (for the obligation period to which those calculations relate) calculation A.2Where calculation A is not a whole number, it is to be rounded to the nearest whole number (one-half being rounded upwards).3References to calculation A in Articles 11 and 12 shall be construed accordingly.Calculation B91Calculation B is the number of renewables obligation certificates likely to be issued in respect of renewable electricity for a particular obligation period, as estimated by the Secretary of State under Article 9(2) of the Renewables Obligation Order 2009, increased by—ain relation to the obligation period ending on 31st March 2011, 8 per cent; andbin relation to any other obligation period, 10 per cent.2Where calculation B is not a whole number, it is to be rounded to the nearest whole number (one-half being rounded upwards).3References to calculation B in Articles 11 and 12 shall be construed accordingly.4In this Article “renewable electricity” means electricity which is generated from renewable sources and in respect of which renewables obligation certificates may be issued.Calculation C10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Determining the number of renewables obligation certificates to be produced in an obligation period111Following the determination of calculations A and B for an obligation period, the Department is to determine the total number of renewables obligation certificates required to be produced by designated suppliers (“the total obligation”) for that period in accordance with paragraphs (2) to (5).2Where calculation A is equal to or greater than calculation B for an obligation period, the total obligation for that period is calculation A.3... Where calculation B is greater than calculation A for an obligation period, the total obligation for that period is calculation B.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5References to the total obligation in Article 12 shall be construed accordingly.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge his renewables obligation121Where the total obligation for an obligation period is calculation A, the number of renewables obligation certificates that a designated electricity supplier is required to produce in order to discharge his renewables obligation in respect of electricity that he supplies to customers in Northern Ireland during that period is, for each megawatt hour so supplied, the figure set out in the third column of Schedule 1 that corresponds to that period.2Where the total obligation for an obligation period is calculation B, the number of renewables obligation certificates that a designated electricity supplier is required to produce in order to discharge his renewables obligation in respect of electricity that he supplies to customers in Northern Ireland during that period is, for each megawatt hour so supplied, equal to—Figure set out in third column of Schedule 1 for that period×calculation B for that periodcalculation A for that period3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4The Department must publish, by the 1st October preceding an obligation period, the number of renewables obligation certificates that a designated electricity supplier is required to produce in respect of each megawatt hour of electricity that he supplies to customers in Northern Ireland during that period in order to discharge his renewables obligation for that period.Further provision in relation to the production of renewables obligation certificates131A designated electricity supplier may discharge his renewables obligation by the production to the Authority of a GBROC.2A designated electricity supplier may discharge up to 25 per cent of his renewables obligation in respect of an obligation period by producing to the Authority renewables obligation certificates relating to electricity supplied in the immediately preceding obligation period.3Subject to paragraph (4), no more than 4% of a designated electricity supplier’s renewables obligation may be satisfied by the production of renewables obligation certificates issued in respect of electricity generated from bioliquid.4The limit set out in paragraph (3) does not apply to the production of renewables obligation certificates issued in respect of electricity—agenerated by a generating station to which Article 27 applies,bgenerated by a qualifying combined heat and power generating station which has, as at the date of generation of the electricity, a total installed capacity of less than 1 megawatt,cgenerated from advanced fuel,dgenerated in the way described as “energy from waste with CHP” in Schedule2, oregenerated before 1stMay 2013.7A designated electricity supplier must not produce to the Authority a renewables obligation certificate which has previously been or is produced to the Great Britain authority under a GBRO Order.8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART 3Matters to be certified by and content of <Abbreviation Expansion="Northern Ireland Renewable Obligation Certificates">NIROCs</Abbreviation>Matters to be certified by NIROCs14Where a NIROC does not certify the matters within Article 54(3) of the Energy Order, it must certify the matters within paragraphs (4), (5), or (6) of that Article.When electricity is to be regarded as supplied to customers in Northern Ireland15For the purposes of Articles 54(3) and (4) of the Energy Order, electricity which cannot be shown to have been supplied to customers in Northern Ireland is to be regarded as having been so supplied if it has been sold under the circumstances described in Article 34 (9) .When electricity used in a permitted way for NIROCs certifying matters within Article 54(5) or (6) of the Energy Order161For the purposes of Article 54(5) and (6) of the Energy Order (in particular, for the purposes of a NIROC certifying the matters within Article 54(5) or (6)) electricity generated by a generating station of any description is used in a permitted way if, subject to paragraph (2), it is used in any of the ways mentioned in Article 54(8) of that Order.2Electricity is not used in a permitted way if it is supplied to customers in Northern Ireland through a private wire network and—athe generating station from which the electricity is conveyed has a declared net capacity in excess of 10 megawatts, andbat some point before the electricity is supplied to customers through the private wire network it is conveyed through a transmission or distribution system operated under a licence granted under Article 10 of the Electricity Order.PART 4Cases and circumstances when a NIROC must not be issuedExcluded generating stations17NIROCs are not to be issued in respect of any electricity generated outside Northern Ireland.Generating stations first commissioned before 1st January 1990181This Article applies to a generating station—awhich was first commissioned before 1st January 1990,bthe main components of which have not been renewed since 31st December 1989, andcwhich is not a micro hydro generating station.2No NIROCs are to be issued in respect of electricity generated in any month by a generating station to which this Article applies unless all of the electricity generated by that station during that month—aIs generated—ipartly from fossil fuel, andiipartly from renewable sources which consist wholly of—aabiomass,bbbiomass and Solid Recovered Fuel, orcca liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion;bis generated from biomass and the following conditions are met—iwhere that station generated electricity in any month prior to April 2003, no less than 75 per cent of the energy content of the fuel used to generate that electricity was derived from fossil fuel,iithe first month in which all of the electricity generated by that station was generated from biomass occurred after March 2004, andiiiin relation to electricity generated in any month after that first month by that station, no more than 75 per cent of the energy content of the fuel used to generate that electricity was derived from fossil fuel.3For the purposes of paragraph (1)(b), the main components of a generating station are only to be regarded as having been renewed since 31st December 1989—ain the case of a hydro generating station, where the following parts have been installed in the generating station after 31st December 1989 and were not used for the purpose of electricity generation prior to their installation—iall the turbine runners or all the turbine blades or the propeller; andiiall the inlet guide vanes or all the inlet guide nozzles;bin the case of any other generating station, where all the boilers and turbines (driven by any means including wind, water, steam or gas) have been installed in the generating station after 31st December 1989 and were not used for the purpose of electricity generation prior to their installation.4For the purposes of paragraph (2)—ain sub-paragraph (a)(i) fossil fuel does not include waste which is a renewable source, andbin determining whether or not the requirements of sub-paragraph (a) or (b) are met, no account is to be taken of any fossil fuel or waste which the generating station uses for permitted ancillary purposes.<Addition ChangeId="key-2fc1a3fdc8a417713a85f3210247db86-1676382127606" CommentaryRef="key-2fc1a3fdc8a417713a85f3210247db86">Generating stations accredited for longer than 20 years</Addition>18A1Subject to paragraphs (2) and (3), NIROCs are not to be issued in respect of any electricity generated—aby an existing generating station, after 31st March 2027;bby a new generating station, on or after the 20th anniversary of the date on which it was accredited or 31stMarch 2037 (whichever is the earlier).2Where, at the time it generates electricity, a generating station’s total installed capacity is greater than its original capacity, paragraph (1) applies only in relation to NIROCs which are to be issued in respect of electricity generated using the station’s original capacity.3In relation to the remainder of the electricity generated by the generating station, NIROCs are not to be issued in respect of any electricity generated on or after the 20th anniversary of the date on which, in the Authority’s view, the additional capacity first formed part of the station or 31stMarch 2037 (whichever is the earlier).4Where electricity generated by a generating station using additional capacity added at a particular time (“relevant additional capacity”) is not measured separately from—aelectricity generated by it using additional capacity (if any) which was added to it at a different time, orbelectricity generated by it using its original capacity,the electricity generated by it which is to be treated (for the purposes of paragraph (3)) as having been generated using the relevant additional capacity is the relevant percentage (the relevant percentage for these purposes being the relevant additional capacity at the date of generation of the electricity expressed as a percentage of the station’s total installed capacity at that date).5In this Article—“existing generating station” means a generating station which was accredited as at 25th June 2008;“new generating station” means a generating station which was accredited after 25th June 2008;“original capacity”, in relation to a generating station, means—in the case of an existing generating station, the capacity of the station as accredited and any additional capacity which (in the Authority’s view) formed part of the station by 25th June 2008;in the case of a new generating station, the capacity of the station as accredited.Generating stations in respect of which a <Abbreviation Expansion="Non-Fossil Fuel Obligations">NFFO</Abbreviation> arrangement applied but was terminated191This Article applies where—aa NFFO arrangement (“the applicable NFFO arrangement”) provided for the building of a generating station at a specified location (“the location”);bthe applicable NFFO arrangement was terminated due to the operator of the generating station to which it applied having committed an unremedied breach of it; andcthe last period in the tables contained in Schedule 1 to the Non-Fossil Fuel Order which relates to the applicable NFFO arrangement has not expired.2Subject to paragraph (3), where this Article applies, no NIROCs are to be issued in respect of electricity generated by a generating station—awhich is situated wholly or partly at the location;bto which the applicable NFFO arrangement applied at the time it was commissioned; andcwhich is owned or operated by a person—iwho was a party to the applicable NFFO arrangement; oriiwho is a connected person or a linked person in relation to any such party.3Paragraph (2) does not apply in relation to electricity generated by a generating station in a month in which all of the electricity generated by that station is sold pursuant to another NFFO arrangement.Non-commissioned generating stations in respect of which a NFFO arrangement applies201This Article applies where a NFFO arrangement (“the applicable NFFO arrangement”) provides for the building of a generating station (“the specified station”) at a specified location (“the location”) and the specified station has not been commissioned.2Subject to paragraph (3), where this Article applies, no NIROCs are to be issued in respect of electricity generated by a generating station which—ais situated wholly or partly at the location; andbis owned or operated by a person who is a party to the applicable NFFO arrangement or who is a connected person or a linked person in relation to any such party.3Paragraph (2) does not apply in relation to electricity generated by a generating station in a month in which all of the electricity generated by that station is sold pursuant to another NFFO arrangement.Circumstances in which no NIROCs are to be issued in respect of electricity generated from renewable sources211No NIROCs are to be issued in respect of electricity generated by a generating station in a month during all of part of which it generates electricity—awholly from renewable sources which consist of or include waste unless—ithe waste is biomass...,iithe waste is a liquid consisting wholly or mainly of hydrocarbon compounds,iiithe waste is in the form of a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion, orivthe generating station is a qualifying combined heat and power generating station;bpartly from renewable sources and partly from fossil fuel unless the renewable sources consist of—ibiomass...,iibiomass... and Solid Recovered Fuel, oriiia liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion;cpartly from renewable sources and partly from fossil fuel where the fossil fuel consists of or includes waste unless that waste is—iliquid consisting wholly or mainly of hydrocarbon compounds,iiin the form of a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion, oriiiSolid Recovered Fuel;dwholly or partly from peat.2In this Article—ain paragraph (1)(a) and (c) and in sub-paragraph (c), waste includes anything derived directly or indirectly from waste;bin paragraph (1)(b) and (c), fossil fuel does not include waste which is a renewable source; andcin determining how electricity has been generated for the purposes of paragraph (1)(a), (b) or (c), no account is to be taken of any fossil fuel or waste which the generating station uses for permitted ancillary purposes.3For the purposes of paragraph (2)(c), fossil fuel or waste (which includes anything derived directly or indirectly from waste) is used for permitted ancillary purposes if—ait is used in a generating station for—icleansing other fuels from the generating station’s combustion system prior to using fossil fuel or waste to heat the combustion system to its normal temperature;iithe heating of the station’s combustion system to its normal operating temperature or the maintenance of that temperature;iiithe ignition of fuels of low or variable calorific value;ivemission control;...vstandby generation or the testing of standby generation capacity,...vicorrosion control; orviifouling reduction, andbthe energy content of the fossil fuel or waste so used during a month (or, where both are so used during a month, their combined energy content) does not exceed 10 per cent of the energy content of all the energy sources used by that generating station to generate electricity during that month.4In this Article, “standby generation” means the generation of electricity by equipment which is not used frequently or regularly to generate electricity and where all the electricity generated by that equipment is used by the generating station .<Addition ChangeId="key-1d11398581f48869d227657a46134e08-1751366197055" CommentaryRef="key-1d11398581f48869d227657a46134e08">Circumstances in which no NIROCs are to be issued in respect of electricity generated from solid or gaseous biomass</Addition>21ZA1This Article applies to biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste).2No NIROCs are to be issued in respect of any electricity generated by a generating station from biomass to which this Article applies unless—athe generating station has a total installed capacity of less than one megawatt; orbthe biomass meets the greenhouse gas emission criteria and the land criteria.PART 5NIROCs to be issued by Authority in respect of renewable outputNIROCs to be issued by Authority in respect of a generation station’s renewable output221The Authority is to issue NIROCs.2Subject to paragraphs (2A) and (3) and Article 52 (modifications of this Order in relation to microgenerators in certain circumstances), NIROCs—aare to be issued in respect of a generating station’s renewable output in a month, andbmust not be issued before the end of the second month following that month.2AWhere—aelectricity was generated—iby a generating station with a total installed capacity of at least one megawatt; andiiusing biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste); andbthe greenhouse gas emissions from the use of that biomass are above the relevant target,NIROCs in respect of that electricity must not be issued before the end of the second month following the obligation period in which the electricity was generated.2BFor the purposes of paragraph (2A), the greenhouse gas emissions from the use of biomass must be calculated in accordance with paragraphs 3 to 5 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass).3When issuing NIROCs in respect of electricity generated in a month by a generating station or, in the case of NIROCs certifying the matters within Article 54(4) or (6) of the Energy Order, two or more generating stations, the Authority must—adetermine the renewable output of that generating station or, as the case may be, those generating stations in that month in accordance with Article 23 or 24 (whichever is applicable);aadeduct from that station’s or those stations’ renewable output any electricity which is generated from landfill gas other than electricity—ito be deducted by virtue of sub-paragraph (b)iigenerated by a generating station to which Article 27 applies,iiigenerated using pre-2013 capacity or 2013/15 capacity,ivgenerated in the way described as “closed landfill gas” in Schedule 2, orvgenerated using the heat from a turbine or engine;bwhere one or more of the criteria set out in Articles 34 to 36 have to be satisfied before NIROCs can be issued in respect of that station’s or those stations’ renewable output, deduct from that output any electricity in respect of which any of those criteria are not satisfied; andcissue NIROCs in respect of that station’s or those stations’ remaining renewable output, the amount of electricity to be stated in each NIROC being determined in accordance with Articles 25 to 30 (banding and grandfathering).4This means that, where a generating station generates electricity—awholly from renewable sources a proportion of which is composed of fossil fuel,bwholly from renewable sources and the input electricity used by the generating station in generating that electricity exceeds 0.5 per cent of the total amount of that electricity, orcpartly from renewable sources and partly from fossil fuel,NIROCs are to be issued in respect of a proportion only of the electricity generated by the station.5Where the number of megawatt hours of renewable output in respect of which NIROCs are to be issued does not equate to a whole number of NIROCs, the number of megawatt hours is to be rounded to the nearest figure which does so equate (and where there are two such figures, the number of megawatt hours is to be rounded upwards).6In this Article “input electricity”, in relation to a generating station, means—athe total amount of electricity used by that station for purposes directly related to its operation (including for fuel handling, fuel preparation, maintenance and the pumping of water) whether or not that electricity is generated by the station or used while the station is generating electricity, andbwhere the station generates electricity wholly or partly from hydrogen (other than hydrogen that constitutes fossil fuel), any electricity—iin respect of which NIROCs are or have been issued,iiin respect of which NIROCs cannot be issued by virtue of any provision of Part 4 (cases and circumstances when a NIROC must not be issued), oriiiwhich was not generated from renewable sources,and which is used in the production of that hydrogen (regardless of where or by whom the hydrogen is produced).<Addition ChangeId="key-c3b94dab9ced14a2778eed87e6f13571-1741689439960" CommentaryRef="key-c3b94dab9ced14a2778eed87e6f13571">Circumstances in which no NIROCs are to be issued in respect of electricity generated from bioliquid</Addition> 21A 1No NIROCs are to be issued in respect of any electricity generated by a generating station from bioliquid unless the bioliquid meets the greenhouse gas emission criteria and the land criteria.2It is for the operator of the generating station to demonstrate to the Authority’s satisfaction that the bioliquid meets the greenhouse gas emission criteria and the land criteria.3Where paragraph (4) applies to a consignment of bioliquid, mass balance system must be used for the purpose of demonstrating that bioliquid meets the greenhouse gas emission criteria and the land criteria.4This paragraph applies to a consignment of bioliquid where—athe consignment of bioliquid was withdrawn from a mixture containing consignments of bioliquid with differing sustainability profiles; orbconsignments of the biomaterial from which the consignment of bioliquid was made were withdrawn from a mixture containing consignments of biomaterial with differing sustainability profiles.5For the purposes of paragraph (3), a mass balance system is a system which—aprovides for the sustainability profiles of the consignments of biomaterial or bioliquid added to a mixture to be attributed to the consignments withdrawn from that mixture; andbrequires the sustainability profiles attributed to the sum of all the consignments withdrawn from a mixture to be the same, and in the same quantities, as the sustainability profile of the sum of all the consignments added to that mixture.6For the purposes of paragraphs (4) and (5)—athe sustainability profile of a consignment of biomaterial is—iinformation identifying the material of which the biomaterial is composed; andiiinformation relating to the biomaterial to be used for the purpose of determining whether bioliquid made from the biomaterial meets the greenhouse gas emission criteria and the land criteria;bthe sustainability profile of a consignment of bioliquid is information identifying—ithe material of which the bioliquid is composed; andiithe proportion that meets the greenhouse gas emission criteria and the land criteria.<Addition ChangeId="key-c3b94dab9ced14a2778eed87e6f13571-1741689439960" CommentaryRef="key-c3b94dab9ced14a2778eed87e6f13571">Common agricultural policy requirements</Addition> 21B 1 No NIROCs are to be issued in respect of any electricity generated by a generating station from bioliquid if—athe bioliquid is derived from biomaterial which—iis of agricultural origin;ii cultivated in the United Kingdom or the EU ; andiiiis not waste; andbthe Authority is satisfied that the biomaterial referred to in sub-paragraph (a) was—icultivated in a manner that breached a requirement or standard listed in the third column of the table in Annex 2 to Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy (“the 2013 Regulation”) and corresponding to the entry in the first column of that table for “environment, climate change, good agricultural condition of land;iicultivated in a manner that breached statutory management requirement number 10 in Annex 2 to the 2013 Regulation; oriiiobtained from land which does not meet the minimum requirements for good agricultural and environmental condition defined pursuant to Article 94 of the 2013 Regulation.2In paragraph (1), a reference to the 2013 Regulation is a reference to—ain relation to biomaterial cultivated in the United Kingdom on or after IP completion day , the 2013 Regulation as it forms part of domestic law;bin any other case, the 2013 Regulation as it has effect in EU law. Calculating a generating station’s renewable output231Subject to Article 24, the renewable output of a generating station in any month is equal to—aWhere the input electricity used by the generating station during that month does not exceed 0.5 per cent of the gross output of that station during that month, A;bIn any other case, A×BC2In paragraph (1)—aA is equal to C×DEwhere—iC is the gross output of the generating station during the month in question;iiD is the energy content of all of the renewable sources used in generating that station’s gross output during that month, less the energy content of—aaany fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of sub-paragraph (bb) or (dd) is in part composed);bbany of those renewable sources which is Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass);cc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ddexcept in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed;iiiE is the energy content of all of the fuels used in generating that station’s gross output that month.bB is the gross output of that station during that month less the input electricity it uses during that month;cC has the same meaning as in sub-paragraph (a)(i).3Paragraphs (4) to (4E) apply for the purposes of Article 22 and Part 6.4In any month where the renewable output of the station is generated in a single way the proportion of the station’s renewable output in that month which is generated using—apre-2013 capacity is PN;b2013/14 capacity is QN;c2014/15 capacity is RN;d2015/16 capacity is SN;epost-2016 capacity is TN.4AIn any month where pre-2013 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways the proportion of the station’s renewable output in that month which is generated in each of those ways using pre-2013 capacity—ain the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is; MN×PN;bin the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is; HI×JL×PN;cin the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2 is; HI×KL×PN;din the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is FG×PN.4BIn any month where 2013/14 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways, the proportion of this station’s renewable output in that month which is generated in each of these ways using 2013/14 capacity—ain the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is MN×QN;bin the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is HI×JL×QN;cin the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is HI×KL×QN;din the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is FG×QN.4CIn any month where 2014/15 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways; the proportion of the station’s renewable output in that month which is generated in each of those ways using 2014/15 capacity—ain the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is MN×RN;bin the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is HI×JL×RN;cin the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is HI×KL×RN;din the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is FG×RN.4DIn any month where 2015/16 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways the proportion of the station’s renewable output in that month which is generated in each of those ways using 2015/16 capacity—ain the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is MN×SN;bin the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is HI×JL×SN;cin the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is HI×KL×SN;din the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is FG×SN.4EIn any month where post-2016 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways, the proportion of the station’s renewable output in that month which is generated in each of those ways using post-2016 capacity—ain the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is MN×TN;bin the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is HI×JL×TN;cin the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is HI×KL×TN;din the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is FG×TN.5In paragraphs (4) to (4E)—aF is the energy content of the renewable sources used when generating electricity in that way during that month less the energy content of—iany fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraph (ii) or (iii) is in part composed);iiany of those renewable sources which is Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass);iiiexcept in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed;bG is the energy content of all of the renewable sources used in generating the station’s gross output during that month less the energy content of—iany fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraph (ii) or (iii) is in part composed);iiany of those renewable sources which is a Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass);iiiexcept in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed;cH is the energy content of the mixed gas used when generating the station’s renewable output during that month;dI is the energy content of all of the renewable sources used in generating the station’s renewable output during that month;eJ is the dry mass of—iany waste which constitutes a renewable source (other than sewage), andiiany biomass (other than sewage),from which the mixed gas used in generating the station’s renewable output during that month is formed, less the dry mass of any digestible fossil fuel from which that waste or biomass is in part composed;fK is the dry mass of the sewage from which the mixed gas used in generating the station’s renewable output during that month is formed;gL is the dry mass of all of the material from which the mixed gas used in generating the station’s renewable output during that month is formed, less the dry mass of any digestible fossil fuel from which that material is in part composed;hM is the maximum capacity in that month at which the station could generate electricity in that way for a sustained period without causing damage to the station (assuming the heat used by the station to generate electricity was available to it without interruption);iN is the total installed capacity of the station in that month;jP is the total installed capacity of the pre-2013 capacity of the station in that month;kQ is the total installed capacity of the 2013/14 capacity of the station in that month;lR is the total installed capacity of the 2014/15 capacity of the station in that month;mS is the total installed capacity of the 2015/16 capacity of the station in that month;nT is the total installed capacity of the post-2016 capacity of the station in that month.6In this Article —“dry mass”, in relation to a fuel, means the mass of the fuel when any water present in it has been removed;“excepted generating station” means a generating station—which was accredited on or before 31st March 2011;which, since being accredited, has not ceased to be accredited at any time; andin respect of which, if it was not accredited as at 31st March 2009, preliminary accreditation was held on and from that date until the date on which it was accredited;“gross output”, in relation to a generating station, means the total amount of electricity generated by that station;“input electricity” has the same meaning as in Article 22;“mixed gas” means gas formed by the anaerobic digestion of sewage together with—Waste which constitutes a renewable source (other than sewage), orBiomass (other than sewage).7Any reference in this Article to a way of generating renewable output is a reference to—aone of the ways of generating electricity described in Schedule 2,bgenerating electricity in the way described in Article 26D(1)(c),cgenerating electricity in the way described in Article 26E(1)(c),dgenerating electricity from renewable sources in a way not falling within sub-paragraph (a), (b) or (c).Renewable output of a qualifying combined heat and power generating station241For the purposes of determining the renewable output of a qualifying combined heat and power generating station in any month during which it generates electricity from waste (other than waste which constitutes biomass or is used for permitted ancillary purposes or is an advanced fuel , or is in the form of a liquid or gaseous fuel produced by means of... anaerobic digestion), Article 23 applies subject to the following modifications.2For paragraph (2)(a)(ii) of Article 23 substitute—iiD is the energy content of all of the renewable sources used in generating that station’s gross output during that month, less the energy content of—aaany fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of sub-paragraph (cc) is in part composed);bb. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ccexcept in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed,multiplied by the proportion which the qualifying power output of that station bears to its total power;.3For paragraphs (5)(a) and (5)(b) of that Article, substitute—aF is the energy content of the renewable sources used when generating electricity in that way during that month less the energy content of—iany fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraph (ii) is in part composed);iiexcept in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed;bG is the energy content of all of the renewable sources used in generating the station’s gross output during that month less the energy content of—iany fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraph (ii) is in part composed);iiexcept in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed;.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART 6Banding and GrandfatheringThe amount of electricity to be stated in each NIROC251Each NIROC is to state the amount of electricity in respect of which it has been issued.2The amount of electricity to be stated in each NIROC depends on—athe way in which the electricity in respect of which it is to be issued has been generated, andbthe type of generating capacity used to generate the electricity in respect of which the NIROC is to be issued.3Subject to Articles 26 to 30, the amount of electricity to be stated in each NIROC is to be determined in accordance with paragraphs (4) to (10).4Each NIROC to be issued in respect of electricity generated—ausing 2013/14 capacity, andbin a way described in the first column of Part 2A of Schedule 2,must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule.5Each NIROC to be issued in respect of electricity generated—ausing 2013/14 capacity, andbin a way described in the first column of Part 2A of Schedule 2,must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule.6Each NIROC to be issued in respect of electricity generated—ausing 2014/15 capacity, andbin a way described in the first column of Part 2A of Schedule 2,must state the amount of electricity which corresponds to that description in the third column of that Part of that Schedule.7Each NIROC to be issued in respect of electricity generated—ausing 2015/16 capacity, andbin a way described in the first column of Part 2B of Schedule 2,must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule.8Each NIROC to be issued in respect of electricity generated—ausing post-2016 capacity, andbin a way described in the first column of Part 2B of Schedule 2,must state the amount of electricity which corresponds to that description in the third column of that Part of that Schedule.9The amount of electricity to be stated in each NIROC to be issued in respect of electricity generated—ausing pre–2013 capacity, andbin a way which is not described in the first column of Part 2 of Schedule 2,is 1 megawatt hour.10The amount of electricity to be stated in each NIROC to be issued in respect of electricity generated—ausing 2013/14 capacity, 2014/15 capacity, 2015/16 capacity or post-2016 capacity, andbin a way which is not described in the first column of Part 2A or Part 2B of Schedule 2,is 1 megawatt hour.<Substitution ChangeId="key-652b641900ebdaa20e9d39613b76f8a3-1751294984813" CommentaryRef="key-652b641900ebdaa20e9d39613b76f8a3">Electricity generated by qualifying combined heat and power generating stations</Substitution>261This Article applies to electricity—awhich is generated by a qualifying combined heat and power generating station in a way described in the first column of Part 2C of Schedule 2,bto which none of Articles 26A to 26E apply, andcwhich is generated by a generating station to which Article 27 does not apply.2Subject to paragraphs (3) to (7), the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is to be determined in accordance with Article 25(4) to (8).3Where electricity to which this Article applies is generated using pre-2013 capacity, the amount of electricity to be stated in each NIROC is—ain respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; andbin respect of the remainder of that electricity, the amount of electricity in the third column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.4Where a declaration has been made in accordance with paragraph (8) in respect of the 2013/15 capacity of a station, and electricity to which this Article applies is generated by that station using 2013/15 capacity, the amount of electricity to be stated in each NIROC is—ain respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; andbin respect of the remainder of that electricity, the amount of electricity in the third column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.5Where a declaration has been made in accordance with paragraph (8) in respect of the summer 2015/16 capacity of a station, and electricity to which this Article applies is generated by that station using summer 2015/16 capacity, the amount of electricity to be stated in each NIROC is—ain respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; andbin respect of the remainder of that electricity, the amount of electricity in the third column of Part 2C of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.6Where a declaration has been made in accordance with paragraph (8) in respect of the winter 2015/16 capacity of a station, and electricity to which this Article applies is generated by that station using winter 2015/16 capacity, the amount of electricity to be stated in each NIROC is—ain respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2D of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; andbin respect of the remainder of that electricity, the amount of electricity in the third column of Part 2D of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.7Where a declaration has been made in accordance with paragraph (8) in respect of the post-2016 capacity of a station, and electricity to which this Article applies is generated by that station using post-2016 capacity, the amount of electricity to be stated in each NIROC is—ain respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2E of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; andbin respect of the remainder of that electricity, the amount of electricity in the third column of Part 2E of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.8A declaration is made in accordance with this paragraph if it meets the following conditions—ait is made by the operator of the generating station to the Authority in writing,bit is made in respect of the 2013/15 capacity, summer 2015/16 capacity, winter 2015/16 capacity or post-2016 capacity of the station,cin the case of a declaration made in respect of the 2013/15 capacity of the station, it confirms that—i2013/15 capacity forms part of the total installed capacity of the station, andiisupport has not been given under any relevant scheme for heat produced by the use of that generating capacity,din the case of a declaration made in respect of the summer 2015/16 capacity of the station, it confirms that—isummer 2015/16 capacity forms part of the total installed capacity of the station, andiisupport has not been given under any relevant scheme for heat produced by the use of that generating capacity,ein the case of a declaration made in respect of the winter 2015/16 capacity of the station it confirms that—iwinter 2015/16 capacity forms part of the total installed capacity of the station, andiinone of the heat produced by the use of the winter 2015/16 capacity is eligible for support under a relevant scheme for reasons that include one or both of the following—aathe way in which the station generates electricity;bbthe biomass, bioliquid or energy crops used by the station to generate electricity.fin the case of a declaration made in respect of the post-2016 capacity of the station, it confirms that—ipost-2016 capacity forms part of the total installed capacity of the station, andiinone of the heat produced by the use of the post-2016 capacity is eligible for support under a relevant scheme for reasons that include one or both of the following—aathe way in which the station generates electricity;bbthe biomass, bioliquid or energy crops used by the station to generate electricity, andgit states that, for so long as the station generates electricity in respect of which NIROCs may be issued, the operator of the station will not claim support under any relevant scheme for heat produced by the station using the type of generating capacity in respect of which the declaration is made.9In this Article, “summer 2015/16 capacity” means—ain relation to a generating station accredited on or before 31stMarch 2015, any capacity which—iin the Authority’s view, forms part of the station from a date no earlier than 1stApril 2015 and no later than 30thSeptember 2015, andiidoes not form part of the capacity of the station as accredited;bin relation to a generating station which—iwas not accredited on or before 31stMarch 2015, andiiwas accredited on or before 30thSeptember 2015,the capacity of the station as accredited together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 30thSeptember 2015.10In this Article, “winter 2015/16 capacity” means—ain relation to a generating station accredited on or before 30thSeptember 2015, any capacity which—iin the Authority’s view, forms part of the station from a date no earlier than 1stOctober 2015 and no later than 31stMarch 2016, andiidoes not form part of the capacity of the station as accredited;bin relation to a generating station which—iwas not accredited on or before 30thSeptember 2015, andiiwas accredited on or before 31stMarch 2016,the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31stMarch 2016.11A declaration made in accordance with paragraph (8) cannot be withdrawn.12In this Article, “relevant scheme” means a scheme established by the Department in exercise of the power in section 113(1)(a) of the Energy Act 2008.13This Article is subject to Article 30.<Addition ChangeId="key-41206aa6957601c1776198accc44e605-1743597772000" CommentaryRef="key-41206aa6957601c1776198accc44e605">High-range co-firing in the 2013/14 obligation period</Addition>26A1This Article applies to electricity which is generated—abefore 1st April 2014,bin the way described as “high-range co-firing” in Schedule 2, andcby a generating station to which Article 27 does not apply.2Subject to paragraph (4), the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is 107 of a megawatt hour.3Paragraph (4) applies to electricity to which this Article applies which is generated—ain the way described as “high-range co-firing with CHP” in Schedule 2, andbusing—ipre-2013 capacity, orii2013/15 capacity in respect of which a declaration has been made in accordance with Article 26(8).4Where this paragraph applies, the amount of electricity to be stated in each NIROC is—ain respect of the qualifying proportion of the electricity to which this paragraph applies, 56 of a megawatt hour; andbin respect of the remainder of the electricity to which this paragraph applies, 107 of a megawatt hour.5This Article is subject to Article 30.<Addition ChangeId="key-41206aa6957601c1776198accc44e605-1743597828700" CommentaryRef="key-41206aa6957601c1776198accc44e605">Co-firing of regular bioliquid in the 2013/14 and 2014/15 obligation periods</Addition>26B1This Article applies to electricity which is generated—abefore 1st April 2015,bin the way described as “co-firing of regular bioliquid” in Schedule 2, andcby a generating station to which Article 27 does not apply.2Subject to paragraph (4), the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is 103 of a megawatt hour.3Paragraph (4) applies to electricity to which this Article applies which is generated—ain the way described as “co-firing of regular bioliquid with CHP” in Schedule 2, andbusing—ipre-2013 capacity, orii2013/15 capacity in respect of which a declaration has been made in accordance with Article 26(8).4Where this paragraph applies, the amount of electricity to be stated in each NIROC is—ain respect of the qualifying proportion of the electricity to which this paragraph applies, 54 of a megawatt hour; andbin respect of the remainder of the electricity to which this paragraph applies, 103 of a megawatt hour.5This Article is subject to Article 30.<Addition ChangeId="key-41206aa6957601c1776198accc44e605-1743597828701" CommentaryRef="key-41206aa6957601c1776198accc44e605">Low-range co-firing in the 2013/14 and 2014/15 obligation periods</Addition>26C1This Article applies to electricity which is generated—abefore 1st April 2015,bin the way described as “low-range co-firing” in Schedule 2, andcby a generating station to which Article 27 does not apply.2Subject to paragraph (4), the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is 103 of a megawatt hour.3Paragraph (4) applies to electricity to which this Article applies which is generated—ain the way described as “low-range co-firing with CHP” in Schedule 2, andbusing—ipre-2013 capacity, orii2013/15 capacity in respect of which a declaration has been made in accordance with Article 26(8).4Where this paragraph applies, the amount of electricity to be stated in each NIROC is—ain respect of the qualifying proportion of the electricity to which this paragraph applies, 54 of a megawatt hour; andbin respect of the remainder of the electricity to which this paragraph applies, 103 of a megawatt hour.5This Article is subject to Articles 26D, 26E and 30.<Addition ChangeId="key-41206aa6957601c1776198accc44e605-1743597828702" CommentaryRef="key-41206aa6957601c1776198accc44e605">Low-range co-firing of relevant energy crops</Addition>26D1This Article applies to electricity which is generated—abefore 1st April 2019,bby a generating station to which Article 27 does not apply, andcfrom relevant energy crops burned in a combustion unit in a month in which—ithe energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month, andiithe generating station generates electricity partly from fossil fuel and partly from renewable sources.2The amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is—ain the case of electricity generated before 1st April 2015, 54 of a megawatt hour; andbin the case of electricity generated on or after 1st April 2015, 1 megawatt hour.3Paragraphs (a), (b) and (d) of paragraph 1(2) of Part 1 of Schedule 2 apply for the purposes of this Article as they apply for the purposes of that Schedule.4In this Article, “relevant energy crops” means energy crops which are supplied to the operator of a generating station in accordance with an agreement made—ain writing,bbefore 23rd October 2012, andcbetween the owner or operator of the generating station and a person who is not connected to the owner or operator of the station within the meaning of section 1122 of the Corporation Tax Act 2010.5This Article is subject to Articles 26E and 30.<Addition ChangeId="key-41206aa6957601c1776198accc44e605-1743597828703" CommentaryRef="key-41206aa6957601c1776198accc44e605">Low-range co-firing of relevant energy crops with CHP</Addition>26E1This Article applies to electricity which is generated—abefore 1st April 2019,bby a qualifying combined heat and power generating station to which Article 27 does not apply,cfrom relevant energy crops burned in a combustion unit in a month in which—ithe energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month,iithe generating station generates electricity partly from fossil fuel and partly from renewable sources, andiiithe fossil fuel and the relevant energy crops have been burned in separate combustion units, anddusing—ipre-2013 capacity, orii2013/15 capacity, 2015/16 capacity or post-2016 capacity in respect of which a declaration has been made in accordance with Article 26(8).2Paragraph (3) applies to electricity to which this Article applies which is generated before 1st April 2015.3Where this paragraph applies, the amount of electricity to be stated in each NIROC is—ain respect of the qualifying proportion of the electricity to which this paragraph applies, 1013 of a megawatt hour; andbin respect of the remainder of the electricity to which this paragraph applies, 54 of a megawatt hour.4Paragraph (5) applies to electricity to which this Article applies which is generated on or after 1st April 2015.5Where this paragraph applies, the amount of electricity to be stated in each NIROC is—ain respect of the qualifying proportion of the electricity to which this paragraph applies, 23 of a megawatt hour; andbin respect of the remainder of the electricity to which this paragraph applies, 1 megawatt hour.6Paragraphs (a), (b) and (d) of paragraph 1(2) of Part 1 of Schedule 2 apply for the purposes of this Article as they apply for the purposes of that Schedule.7In this Article, “relevant energy crops” has the same meaning as in Article 26D.8This Article is subject to Article 30.<Substitution ChangeId="key-efe6acfd7cf86103ba95c0de35ff3b2a-1751365592595" CommentaryRef="key-efe6acfd7cf86103ba95c0de35ff3b2a">Microgenerators and qualifying new small scale generators</Substitution>271This Article applies to a generating station which—ais an accredited microgenerator,bhas not had a total declared net capacity in excess of 50 kilowatts at any time after 31st March 2009, andcis not a qualifying new onshore wind station or a qualifying new hydro station or a qualifying new solar photovoltaic station or a qualifying new anaerobic digestion station.2The amount of electricity to be stated in each NIROC issued in respect of electricity generated—aby a generating station to which this Article applies, andbusing—ipre-2013 capacity, orii2013/14 capacity, oriii2014/15 capacity,is 12 of a megawatt hour.3The amount of electricity to be stated in each NIROC issued in respect of electricity generated—aby a generating station to which this Article applies, andbusing 2015/16 capacity,is 1019 of a megawatt hour.4The amount of electricity to be stated in each NIROC issued in respect of electricity generated—aby a generating station to which this Article applies, andbusing post-2016 capacity,is 59 of a megawatt hour.5In this Article and in Articles 27A to 27C—“2010/2015 qualifying new solar photovoltaic station” means a generating station which—generates electricity from the direct conversion of sunlight to electricity,was accredited after 31stMarch 2010 and before 1stOctober 2015, andhas not had a declared net capacity in excess of 250 kilowatts at any time after 31stMarch 2010;“2015/2016 qualifying new solar photovoltaic station” means a generating station which—generates electricity from the direct conversion of sunlight to electricity,was accredited after 30thSeptember 2015 and before 1stOctober 2016, andhas not had a declared net capacity in excess of 250 kilowatts at any time after 30thSeptember 2015;“2016/2017 qualifying new solar photovoltaic station” means a generating station which—generates electricity from the direct conversion of sunlight to electricity,was accredited after 30thSeptember 2016, andhas not had a declared net capacity in excess of 250 kilowatts at any time after 30thSeptember 2016;“qualifying new hydro station” means a hydro generating station which—was first accredited after 31stMarch 2010, andhas not had a declared net capacity in excess of 5 megawatts at any time after 31stMarch 2010;“qualifying new onshore wind station” means a generating station which—generates electricity from onshore wind,was accredited after 31stMarch 2010, andhas not had a declared net capacity in excess of 5 megawatts at any time after 31stMarch 2010;“qualifying new solar photovoltaic station” means—a 2010/2015 qualifying new solar photovoltaic station,a 2015/2016 qualifying new solar photovoltaic station, anda 2016/2017 qualifying new solar photovoltaic station;“qualifying new anaerobic digestion station”, means a generating station which—generates electricity from gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill,was first accredited after 31stMarch 2011, andhas not had a declared net capacity in excess of 5 megawatts at any time after 31stMarch 2011.6This Article is subject to Article 30.<Substitution ChangeId="key-600fd53aeb598c8a336793af959fe131-1741688876551" CommentaryRef="key-600fd53aeb598c8a336793af959fe131">Qualifying new onshore wind stations and qualifying new solar photovoltaic stations</Substitution>27A1This Article applies to a generating station which is—aa qualifying new onshore wind station; orba qualifying new solar photovoltaic station.2The amount of electricity to be stated in each NIROC to be issued in respect of electricity generated by a qualifying new onshore wind station to which this Article applies is—ain relation to a station which has not had a declared net capacity in excess of 250kilowatts at any time after 31stMarch 2010, ¼megawatt hour;bin relation to a station which has had a declared net capacity in excess of 250kilowatts but not exceeding 5megawatts at any time after 31stMarch 2010, 1megawatt hour.3The amount of electricity to be stated in each NIROC to be issued in respect of electricity generated by a qualifying new solar photovoltaic station to which this Article applies is—ain relation to a 2010/2015 qualifying new solar photovoltaic station which has not had a declared net capacity in excess of 50 kilowatts at any time after 31stMarch 2010, 14of a megawatt hour;bin relation to a 2015/2016 qualifying new solar photovoltaic station which has not had a declared net capacity in excess of 50 kilowatts at any time after 30thSeptember 2015, 13 of a megawatt hour;cin relation to a 2016/2017 qualifying new solar photovoltaic station which has not had a declared net capacity in excess of 50 kilowatts at any time after 30thSeptember 2016, 12 of a megawatt hour;din relation to a qualifying new solar photovoltaic station which has had a declared net capacity in excess of 50 kilowatts but not exceeding 250 kilowatts at any time after 31stMarch 2010, 12 of a megawatt hour.<Substitution ChangeId="key-600fd53aeb598c8a336793af959fe131-1741688876551" CommentaryRef="key-600fd53aeb598c8a336793af959fe131">Qualifying new hydro stations</Substitution>27B1This Article applies to a generating station which is a qualifying new hydro station.2The amount of electricity to be stated in each NIROC which is issued in respect of electricity generated by a generating station to which this Article applies is—ain relation to a qualifying new hydro station which has not had a declared net capacity in excess of 20 kilowatts at any time after 31st March 2010, ¼ megawatt hour;bin relation to a qualifying new hydro station which has had a declared net capacity in excess of 20 kilowatts but not in excess 250 kilowatts at any time after 31st March 2010, ⅓ megawatt hour;cin relation to a qualifying new hydro station which has had a declared net capacity in excess of 250kilowatts but not in excess of 1 megawatt at any time after 31stMarch 2010, ½megawatt hour;din relation to a qualifying new hydro station which has had a declared net capacity in excess of 1megawatt but not in excess of 5megawatts at any time after 31stMarch 2010, 1megawatt hour.<Substitution ChangeId="key-600fd53aeb598c8a336793af959fe131-1741688876551" CommentaryRef="key-600fd53aeb598c8a336793af959fe131">Qualifying new anaerobic digestion stations</Substitution>27C1This Article applies to a generating station which is a qualifying new anaerobic digestion station.2The amount of electricity to be stated in each NIROC which is issued in respect of electricity generated by a generating station to which this Article applies is—ain relation to a qualifying new anaerobic digestion station which has not had a declared net capacity in excess of 500 kilowatts at any time on or after 26th April 2010, ¼ megawatt hour;bin relation to a qualifying new anaerobic digestion station which has had a declared net capacity in excess of 500 kilowatts at any time on or after 26th April 2010, ⅓ megawatt hour.<Substitution ChangeId="key-600fd53aeb598c8a336793af959fe131-1741688876551" CommentaryRef="key-600fd53aeb598c8a336793af959fe131">Microgeneration Certification Scheme</Substitution>27D1This Article applies to a generating station which-ais a microgenerator;bwas first accredited after 31st March 2011; and iscan onshore wind station; or a solar photovoltaic station.2Accreditation of a generating station to which this Article and either Article 27 or 27A applies is conditional upon the operator of the generating station providing to the Authority an MCS certificate which confirms that the plant or apparatus have been installed in compliance with MCS criteria.Generating stations which were accredited as at 11th July 2006281This Article applies to electricity which is generated—aby a generating station—iwhich was accredited as at 11thJuly 2006,iiwhich has not ceased to be accredited since that date, andiiito which Article 27 does not apply,busing pre-2013 capacity, andcin one of the ways described in the first column of Part 3 of Schedule 2.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3The amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is (subject to paragraphs (4) to (6)) the amount in the second column of Part 3 of Schedule 2 which corresponds to the description in the first column of that Part of that Schedule of the way in which the electricity was generated.4Where, at the time it generates the electricity, the generating station’s total installed capacity is greater than it was on 11th July 2006, paragraph (3) applies only in relation to NIROCs which are to be issued in respect of—awhere electricity generated using the total installed capacity of the station as at 11th July 2006 (“the original capacity”) is measured separately from electricity generated using capacity which has been added to the station since that date (“additional capacity”), the electricity to which this Article applies which is generated using the station’s original capacity;bin any other case, the appropriate percentage of the electricity to which this Article applies (the appropriate percentage for these purposes being the total installed capacity of the station as at 11thJuly 2006 expressed as a percentage of the total installed capacity of the pre-2013 capacity of the station as at the date of generation of the electricity).5In relation to the remainder of the electricity to which this Article applies , the amount of electricity to be stated in each NIROC is to be determined in accordance with Article 25(4) ...except to the extent that the electricity—ais generated using additional capacity which was operational before 1st April 2011 (“relevant additional capacity”); andbis generated in a way described in the first column of Part 4 of Schedule 2.6Where the electricity to which this Article applies is generated using relevant additional capacity in a way described in the first column of Part 4 of Schedule 2, the amount of electricity to be stated in each NIROC which is to be issued in respect of that electricity is the amount which corresponds to that description in the second column of that Part of that Schedule.7In paragraphs (5) and (6), the reference to electricity being generated using relevant additional capacity is a reference to—awhere electricity generated using relevant additional capacity is measured separately from electricity generated otherwise than by using such capacity, the electricity which is generated using that capacity;bin any other case, the appropriate percentage of the electricity to which this Article applies (the appropriate percentage for these purposes being the relevant additional capacity of the station at the date of generation of the electricity expressed as a percentage of the total installed capacity of the pre-2013 capacity at that date).8This Article is subject to Article 30.<Addition ChangeId="key-90e6fe66f103a11faccafd5e8f209c9d-1743597772001" CommentaryRef="key-90e6fe66f103a11faccafd5e8f209c9d">Wave and tidal stream generating stations</Addition>28A1This Article applies to electricity which is generated—ausing 2012/17 marine capacity, andbby a generating station to which Article 27 does not apply.2Where the total installed capacity of the 2012/17 marine capacity of the station does not exceed 30 megawatts as at the date of the generation of the electricity, the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is 15 of a megawatt hour.3Where the total installed capacity of the 2012/17 marine capacity of the station exceeds 30 megawatts as at the date of the generation of the electricity, the amount of electricity to be stated in each NIROC—aissued in respect of the relevant proportion of the electricity to which this Article applies, is 15 of a megawatt hour;bissued in respect of the remainder of the electricity to which this Article applies, is to be determined in accordance with Article 25(4) to (8).4In any month where 2012/17 marine capacity forms part, but not the whole, of the total installed capacity of a generating station, the proportion of the station’s renewable output which, for the purposes of paragraphs (2) and (3), is generated using 2012/17 marine capacity is AB.5In paragraph (4)—aA is the total installed capacity of the 2012/17 marine capacity in the month in question; andbB is the total installed capacity of the station in the month in question.6In this Article—“2012/17 marine capacity”, in relation to a generating station, means any capacity which—generates electricity from the capture of the energy created from—the motion of naturally occurring tidal currents in water, orthe motion of naturally occurring waves on water,in the Authority’s view, forms part of the station from a date no earlier than 1st April 2012 and no later than 31st March 2017,has, on or before 31st March 2017, generated electricity in respect of which NIROCs may be issued, andin the case of a generating station accredited on or before 31st March 2012, does not form part of the capacity of the station as accredited;“the relevant proportion”, in relation to electricity generated using the 2012/17 marine capacity of a generating station, is the proportion which 30 megawatts bears to the total installed capacity of the 2012/17 marine capacity as at the date of generation of the electricity;“total installed capacity”, in relation to 2012/17 marine capacity, means the maximum capacity at which the 2012/17 marine capacity could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption).7This Article is subject to Article 30.Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009291Subject to paragraph (3), this Article applies to electricity which is generated—aby a generating station—iwhich was accredited as at 31stMarch 2009,iiwhich has not ceased to be accredited since that date, andiiito which Article 27 does not apply,bin one of the ways described in the first column of Part 4 of Schedule 2, andcusing pre-2013 capacity.2Subject to paragraph (3), this Article also applies to electricity which is generated—aby a generating station—iwhich was accredited on or before 31stMarch 2011,iiwhich, since being accredited, has not ceased to be accredited at any time,iiiin respect of which preliminary accreditation was held—aaas at 31stMarch 2009, andbbfrom that date until the date on which the station was accredited, andivto which Article 27 does not apply,bin one of the ways described in the first column of Part 4 of Schedule 2, andcusing pre-2013 capacity.3This Article does not apply to electricity to which Article 28 applies.4The amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is (subject to paragraph (5)) the amount in the second column of Part 4 of Schedule 2 which corresponds to the description in the first column of that Part of that Schedule of the way in which the electricity was generated.5Where, at any time it generates electricity after 31st March 2011, the generating station’s total installed capacity is greater than it was on 31st March 2011, paragraph (4) applies only in relation to NIROCs which are to be issued in respect of—awhere electricity generated using the total installed capacity of the station as at 31st March 2011 (“the original capacity”) is measured separately from electricity generated using capacity which has been added to the station since that date, the electricity to which this Article applies which is generated using the station’s original capacity;bin any other case, the appropriate percentage of the electricity to which this Article applies (the appropriate percentage for these purposes being the total installed capacity of the station as at 31stMarch 2011 expressed as a percentage of the total installed capacity of the pre-2013 capacity of the station as at the date of generation of the electricity).6In relation to the remainder of the electricity to which this Article applies , the amount of electricity to be stated in each NIROC is to be determined in accordance with Article 25(4)....7This Article is subject to Article 30.<Addition ChangeId="key-74a9c5cabc12b789cfdd254c6e6ecf1a-1741690966657" CommentaryRef="key-74a9c5cabc12b789cfdd254c6e6ecf1a">Qualifying existing onshore wind stations and qualifying existing solar photovoltaic stations</Addition>29A1This Article applies to a qualifying existing onshore wind station or a qualifying existing solar photovoltaic station.2For the purposes of paragraph (1)a“qualifying existing onshore wind station” means a generating station which—igenerates electricity from onshore wind,iiwas accredited on or before 31st March 2010, andiiihas not had a declared net capacity in excess of 250 kilowatts at any time after 31st March 2010;b“qualifying existing solar photovoltaic station” means a generating station which—igenerates electricity from the direct conversion of sunlight into electricity,iiwas accredited on or before 31st March 2010, andiiihas not had a declared net capacity in excess of 50 kilowatts at any time after 31st March 2010;3Subject to paragraph (4) Articles 25(4) and (5), 27 and 28 (as appropriate) shall apply for the purposes of determining the amount of electricity to be stated in each NIROC which is issued in respect of electricity generated by a generating station to which this Article applies.4Where, at the time it generates electricity, to which a NIROC relates, the total installed capacity of a generating station to which this Article applies is greater than it was on 31st March 2010—athe provisions referred to in paragraph (3) apply only in relation to NIROCs which are to be issued in respect of electricity generated using the station’s original capacity; andbthe amount of electricity to be stated in each NIROC which is issued in respect of electricity generated using the station’s additional capacity is ¼ megawatt hour.5In this Article and Article 29B—“additional capacity” means capacity which does not form part of the capacity of the station as at 31st March 2010“original capacity” means, in the case of an existing generating station, the capacity of the station as accredited and any additional capacity which (in the Authority’s view) formed part of the station as at 31st March 2010.6Where electricity generated by a generating station using additional capacity is not measured separately from electricity generated by it using its original capacity, the electricity generated by it which is to be treated (for the purposes of paragraphs (3) and (4)) as having been generated using the relevant additional capacity is the relevant percentage (the appropriate percentage for these purposes being the additional capacity of the station expressed as a percentage of the total installed capacity of the station as at the date of the generation of the electricity).<Addition ChangeId="key-74a9c5cabc12b789cfdd254c6e6ecf1a-1741690966657" CommentaryRef="key-74a9c5cabc12b789cfdd254c6e6ecf1a">Qualifying existing hydro stations</Addition>29B1This Article applies to a generating station which is a qualifying existing hydro station, that is to say; a hydro generating station which was accredited on or before 31st March 2010 and has not had a declared net capacity in excess of 1 megawatt at any time after 31st March 2010;2Subject to paragraph (3) Articles 25(4) and (5), 27 and 28 (as appropriate) shall apply for the purposes of determining the amount of electricity to be stated in each NIROC which is issued in respect of electricity generated by a generating station to which this Article applies..3Where, at the time it generates the electricity, the generating station’s total installed capacity is greater than it was on 31st March 2010—athe provisions referred to in paragraph (2) apply only in relation to NIROCs which are to be issued in respect of electricity generated using the station’s original capacity; andbthe amount of electricity to be stated in each NIROC which is issued in respect of electricity generated using the station’s additional capacity is—iin relation to additional capacity which, taken together with the original capacity, does not exceed 20 kilowatts, ¼ megawatt hour;iiin relation to additional capacity which, taken together with the original capacity, exceeds 20 kilowatts but does not exceed 250 kilowatts, ⅓ megawatt hour;iiiin relation to additional capacity which, taken together with the original capacity, exceeds 250 kilowatts, ½ megawatt hour.4Where electricity generated by a generating station using additional capacity is not measured separately from electricity generated by it using its original capacity, the electricity generated by it which is to be treated (for the purposes of paragraphs (2) and (3)) as having been generated using the relevant additional capacity is the relevant percentage (the appropriate percentage for these purposes being the additional capacity of the station expressed as a percentage of the total installed capacity of the station as at the date of the generation of the electricity.Generating stations in respect of which a statutory grant has been awarded301This Article applies to a generating station—ain respect of which a statutory grant was awarded on or before 11th July 2006,bwhich either —iwas granted accreditation which took effect after 11th July 2006, oriigenerates electricity from biomass or waste (including fuels produced from biomass or waste by means of gasification, pyrolysis or anaerobic digestion), andcwhich is not a microgenerator.2The operation of Articles 25, 26, 28 and 29 in relation to electricity generated by a generating station to which this Article applies is conditional upon the operator of the station agreeing—aif the grant or any part of it has been paid, to repay to the Department or, as the case may be, the Secretary of State on or before 31st March 2011 so much of the grant as has been paid,bto pay to the Department, or as the case may be, the Secretary of State interest on any amount repayable under sub-paragraph (a) for such period, and at such rate, as may be determined by the Department or, as the case may be, the Secretary of State, andcif the grant or any part of it has not yet been paid, to consent to the cancellation of the award of the grant or part.3Where a generating station to which this Article applies generates electricity at a time when the operator of the station—ahas not so agreed, orbhaving so agreed, has not produced to the Authority evidence of—ithe repayment of all amounts due under paragraph (2)(a) or the payment of all amounts of interest due under paragraph (2)(b), andiiwhere a grant or any part has been cancelled under paragraph (2)(c), the cancellation of that grant or part,the amount of electricity to be stated in each NIROC issued in respect of that electricity is 1 megawatt hour or the amount determined in accordance with any of Articles 25 to 26E whichever is the greater.4In determining how electricity has been generated for the purposes of paragraph (1)(b)(ii), no account is to be taken of any waste which the generating station uses for permitted ancillary purposes.Review of banding provisions311In this Order, “banding provision” means a provision of Articles 25 to 29.2The Department may commence a review of the banding provisions in October 2010 and at subsequent four yearly intervals.3The Department may review all or any of the banding provisions at any time if satisfied that one or more of the following conditions is satisfied—athe charges imposed by network operators on persons, or a class of persons, making a request for connection to and use of a transmission or distribution system have changed significantly since the Department made the banding provisions;bthe charges imposed by network operators on persons, or a class of person, who generate electricity have changed significantly since the Department made the banding provisions;ca way of generating electricity is being or has been developed that—iis likely to be used to generate from renewable sources electricity which is supplied to customers in Northern Ireland, andiiis not listed in the first column of Part 2, Part 2A or Part 2B of Schedule 2;dthere has been a change, since the Department made the banding provisions, in any support, whether financial or otherwise, provided under any enactment other than Articles 52 to 55F of the Energy Order to persons generating electricity from renewable sources and that change is likely to have a significant impact on the generation of electricity from renewable sources;ethe costs of generating electricity in any of the ways listed in the first column of Part 2, Part 2A or Part 2B of Schedule 2 are significantly different from the costs of generating electricity in that way to which the Department had regard when making the banding provisions;fthere is evidence over a significant period that the provisions of Article 13(3) and (4) are having a material effect on trade in NIROCs referred to in Article 13(3);gin an obligation period the number of NIROCs issued by, produced to or likely to be produced to the Authority exceeds or is likely to exceed the total number of NIROCs required to be produced to the Authority in respect of that obligation period by designated electricity suppliers;han event has occurred which—iis relevant to the matters set out in Article 54B(4) of the Energy Order,iiwas not foreseen by the Department when making the banding provisions, andiiihas or is likely to have a material effect on the operation of this Order.4In this Article, “network operators” are persons authorised by a licence under Article 10(1) of the Electricity (Northern Ireland) Order 1992 to participate in the transmission of electricity.PART 7Issue and Revocation of NIROCsIssue of NIROCs to generators and suppliers321Subject to paragraphs (2) and (3) and Article 33 (issue of NIROCs to agents), the Authority is to issue a NIROC to the operator of the generating station by which the electricity to which the NIROC relates was generated.2Where electricity—ais required to be generated by a generating station from renewable sources under a NFFO arrangement, orbin compliance with such an arrangement, is required to be made available to the CompanyNIROCs are to be issued as set out in paragraph (3).3Where by virtue of the NFFO arrangement the Company is entitled to the electricity, NIROCs are to be issued to licensed suppliers notified to the Authority by the Company as being purchasers of the entitlement to receive NIROCs and to each in such numbers as are appropriate to the entitlement to receive NIROCs which the Company notifies the Authority each has purchased in arrangements made by the Company under Article 38 (subject to the total number of NIROCs available to be issued in respect of the electricity).Issue of NIROCs to agents331This Article applies to a NIROC which certifies the matters within Articles 54 (4) or (6) of the Energy Order (a “relevant NIROC”).2Where the generating stations to which the relevant NIROC relates are operated by two or more persons (“the operators”), that NIROC must be issued to an agent appointed for the purpose by the operators.3The Authority must be notified in writing of the agent’s appointment, name and address.4That notification may be provided to the Authority by the operators (or any of them) or the agent.5The Authority must also be notified in writing if the agent’s appointment is terminated.6That notification may also be provided to the Authority by the operators (or any of them) or the agent.7Where notice is given under paragraph (5) and received by the Authority, the termination shall take effect (subject to paragraph (8)) at the end of the obligation period during which it is given, and until the expiration of that obligation period, the Authority must continue to issue any relevant NIROCs to the agent.8Notwithstanding paragraph (7), after the expiration of that obligation period the Authority must continue to issue relevant NIROCs to the agent where those NIROCs relate to electricity generated during that obligation period.9Paragraphs (7) and (8) do not apply in any case where the Authority is satisfied, by evidence produced to it, that owing to exceptional circumstances the termination should have immediate effect.10Where an agent’s appointment has been terminated the agent is required to return to the operators any relevant information relating to the generation of electricity by their station.11Where any provision of this Order requires or permits something to be done by, to or in respect of an agent appointed under this Article and the agent’s appointment is terminated before that thing is done, references to that agent (however framed) are to be construed—awhere a successor to the agent has been appointed under this Article, as references to that successor;bin any other case, as references to the operators of the generating stations for whom the agent acted before they terminated the appointment.General criteria for the issue of NIROCs341Once during each obligation period the person to whom a NIROC is to be issued must confirm to the Authority in writing, whether before or after the generation of the electricity to which the NIROC relates, that that electricity, to the best of the person’s knowledge and belief, has been or (as the case may be) will be—ain the case of a NIROC certifying the matters within Article 54(3) or (4) of the Energy Order, supplied by a designated electricity supplier to customers in Northern Ireland or in the circumstances referred to in paragraph (9) ;bin the case of a NIROC certifying the matters within Article 54(5) or (6) of the Energy Order used in a permitted way.2The electricity in respect of which a NIROC is to be issued—amust be generated during a month in which the generating station generating it is accredited under this Order and any conditions to which the accreditation is subject are met;bsubject to paragraph (3), must be measured using a meter which, if used for ascertaining the quantity of electricity supplied by an authorised supplier to a customer, would be approved for the purposes of paragraph 3 of Schedule 7 to the Electricity Order; andcmust not include electricity in respect of which a renewables obligation certificate—ihas already been issued under this Order and has not been revoked;iihas already been issued under an Order made under sections 32 to 32M of the Electricity Act (whether or not it has been revoked).3Paragraph (2)(b) does not apply in relation to electricity generated by a generating station the operator of which has agreed with the Authority that estimates may be provided instead of measurements using a meter.4Any information which—ais relevant to the question whether a NIROC is to be issued, andbis requested by or required to be provided to the Authority under Article 45 (provision of information to the Authority),must be provided in the form and time requested and must be (in the Authority’s opinion) accurate and reliable.5Where such information relates to the fuel used in the generation of that electricity and the fuel did not originate at the generating station, in determining whether that information is accurate and reliable the Authority must have regard to——athe distance over which the fuel was transported; andbthe conditions under which the fuel was prepared and transported.6The operator of a generating station which generates electricity by burning fuel in a combustion unit may notify the Authority in writing that, until such time as the notification is withdrawn, the energy content of any biomass burned in that combustion unit will be less than 50% of the energy content of all of the energy sources burned in that combustion unit.7A notification under paragraph (9) constitutes sufficient evidence of the fact that the energy content of the biomass burned in the combustion unit referred to in the notification is less than 50% of the energy content of all the energy sources burned in that combustion unit.8A notification under paragraph (9) may be withdrawn by a notice—ain writing from the operator of the generating station to the Authority, andbwhich specifies a date from which the withdrawal of the notification is to take effect. 9 The circumstances referred to in Article 15 and paragraph (1)(a) are—athe electricity in question is sold or intended to be sold by the operator or, as the case may be, by an intermediary acting on his behalf through the SEM Pool;bthere exists in relation to each unit of that electricity a relevant arrangement within the meaning of paragraph (10) (and no more than one such arrangement);cthe terms of that relevant arrangement shall be materially complied with by the parties thereto.10For the purposes of paragraph (9) , a relevant arrangement means an agreement between the operator of the generating station and an electricity supplier which provides that, in relation to the period to which the declaration relates, the electricity supplier—ashall purchase through the SEM Pool not less than an amount of electricity specified in or determined under the agreement being an amount that shall not exceed the amount of electricity sold through the SEM Pool by the operator or, as the case may be, the intermediary in that period;bshall purchase through the SEM Pool a total amount of electricity which is not less than the aggregate of:ithe amount of electricity specified in or determined under the agreement; andiithe amount of electricity specified or determined in any other relevant arrangements to which that electricity supplier is a party in respect of that period; andcshall supply to customers in Northern Ireland from the electricity purchased through the SEM Pool a total amount of electricity which is not less than the aggregate of the amounts of electricity referred to in sub-paragraphs (b)(i) and (b)(ii).11In this Article—a“SEM Pool” means the wholesale electricity trading and settlement arrangements established by the Trading and Settlement Code.b“Trading and Settlement Code” means the Single Electricity Market Trading and Settlement Code referred to in the SEM Memorandum as that Code may be amended or replaced from time to time.cThe “SEM Memorandum” means the Memorandum of Understanding referred to in Article 2(3) of the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007.d“intermediary” in relation to the operator of any generating station means the intermediary body, as defined in the Trading and Settlement Code, appointed in respect of that operator.<Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d">Further criteria applicable to </Substitution></Substitution><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d">NIROCs</Substitution></Substitution><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"> certifying matters within Article 54(3) and (4) of the </Substitution></Substitution><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d">Energy Order</Substitution></Substitution>351Once during each obligation period the person to whom a NIROC certifying the matters within Article 54(3) or (4) of the Energy Order is to be issued must confirm to the Authority in writing, whether before or after the generation of the electricity to which the NIROC relates—athat they are not a person who has been a party to an applicable NFFO arrangement (within the meaning of Article 19);bthat they are not (and to the best of their knowledge and belief will not during the obligation period in which the confirmation is given become) a person who is a party to an applicable NFFO arrangement (within the meaning of Article 20); andcthat they are not (and to the best of their knowledge and belief will not during the obligation period in which the confirmation is given become) a person who is a connected person or a linked person in relation to any such party.2Paragraph (1) does not apply where the person to whom the NIROC is to be issued is the Company under Article 32(3).<Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d">Further criteria applicable to </Substitution></Substitution><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d">NIROCs</Substitution></Substitution><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"> certifying matters within Article 54 (4) and (6) of the </Substitution></Substitution><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d">Energy Order</Substitution></Substitution>361Once during each obligation period the person to whom a NIROC certifying the matters within Article 54(4) or (6) is to be issued must confirm to the Authority in writing, whether before or after the generation of the electricity to which the NIROC relates, the matters set out in paragraph (2).2The matters set out in this paragraph are—athat each of the generating stations in relation to which the NIROC is to be issued—iis a microgenerator, andiiis accredited as a generating station capable of generating electricity in the same way from the same renewable source, andbwhere the generating stations in relation to which the NIROC is to be issued are operated by two or more persons (“the operators”), that the operators have each—iappointed the person providing the confirmation to act as agent to receive the NIROC on their behalf in accordance with Article 33 (issue of NIROCs to agents), andiiagreed that their entitlement to NIROCs should be determined in the same way (either on a monthly basis or on an annual basis, depending on whether or not a notice has been given to the Authority under Article 52(2) (modifications of this Order in relation to microgenerators in certain circumstances)).<Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d">Refusing to issue and revoking </Substitution></Substitution><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d">NIROCs</Substitution></Substitution>371The Authority may refuse to issue a NIROC—awhere any criterion in Articles 34 to 36 which relates to that NIROC is not (in its opinion) met;bwhere any information referred to in Article 34(4) or any confirmation provided to it under this Part is not (in its opinion) accurate and reliable.2Where, in relation to any electricity generated by a generating station in a month, the Authority is satisfied that—aany information referred to in Article 34(4) is false;bany confirmation provided to it under this Part is false; orca NIROC 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 NIROCs are issued to an agent by virtue of Article 33, that agent,the Authority may revoke all NIROCs issued in respect of that electricity in that month.3The Authority must also revoke any NIROC which it has issued where it is satisfied that the NIROC is inaccurate.4Where the Authority—ais no longer satisfied that a NIROC is accurate or should have been issued;bhas reasonable doubts as to the accuracy or reliability of the information upon which it relied prior to the issue of a NIROC; orchas been unable, due to a failure or refusal by any person (whether inside or outside Northern Ireland) to provide it with any information reasonably requested by it, to check the accuracy of either a NIROC or any information which it relied upon prior to the issue of a NIROC,it may revoke the NIROC (or another NIROC which is identical in all material respects and which has been issued to the same person).5In determining whether to revoke a NIROC under paragraph (3) or (4), the Authority may disregard any changes to the amounts for “gross output” (within the meaning of Article 23) and “input electricity” (within the meaning of Article 22) 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.6Where the Authority revokes a NIROC it must delete that NIROC 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 NIROC at the time of its revocation.7This Article is subject to Article 37A(2) to (4).<Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Addition ChangeId="key-45b9ee4f1219bc314590d964f80636de-1676381659939" CommentaryRef="key-45b9ee4f1219bc314590d964f80636de">Where </Addition></Substitution></Substitution><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Addition ChangeId="key-45b9ee4f1219bc314590d964f80636de-1676381659939" CommentaryRef="key-45b9ee4f1219bc314590d964f80636de">NIROCs</Addition></Substitution></Substitution><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Addition ChangeId="key-45b9ee4f1219bc314590d964f80636de-1676381659939" CommentaryRef="key-45b9ee4f1219bc314590d964f80636de"> cannot be revoked</Addition></Substitution></Substitution>37A1A NIROC cannot be revoked where it has been produced to the Authority under Article 5 (the renewables obligation).2Nor can a NIROC be revoked by the Authority under Article 37(2) or (4) more than six years after it has been issued.3Where the Authority would have revoked a NIROC (“the original NIROC”) under Article 37(2) or (4) but for the fact that it has already been produced to it under Article 5, the Authority must, subject to paragraph (4), refuse to issue a further NIROC (“the further NIROC”) in respect of electricity generated by the generating station in relation to which the original NIROC was issued.4The Authority shall refuse to issue the further NIROC under paragraph (3) only if the original NIROC was—aissued no more than six years previously, andbnot issued to an electricity supplier under Article 32(2) and (3).<Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d">NIROCs</Substitution></Substitution><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542334388" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d"><Substitution ChangeId="key-8b84c7f27872f6fa929726baefb9b60d-1749542336772" CommentaryRef="key-8b84c7f27872f6fa929726baefb9b60d">: financial bids</Substitution></Substitution>381In the case only of NIROC relating to electricity that has been acquired, or is required to be acquired, under a NFFO arrangement, the Company shall make and implement arrangements within such a period as the Authority may direct—arequiring the determination of the person, being a licensed supplier, to whom the NIROC is to be issued to be made by reference to financial bids made in respect of the NIROC with the person making the highest financial bid being the person to whom the NIROC is to be issued; andbrequiring that person to make a payment, in accordance with his bid, to the Company.2The Company must conduct itself at all times in relation to the arrangements referred to in paragraph (1) in a manner so as to ensure and satisfy the Authority that it does not show any undue preference or exercise any undue discrimination in relation to any licensed supplier or class of licensed supplier.3On each occasion that a licensed supplier is determined as being a person to whom one or more NIROCs should be issued pursuant to paragraph (1) the Company must promptly notify the Authority as to the licensed supplier so determined and in respect of each such notification, the Company shall, either with the notification or as soon as reasonably practicable after the notification, notify the Authority of the number of NIROCs to be issued to that licensed supplier.4The Authority may give directions to the Company with regard to the making and implementing of arrangements by the Company under this Article and such directions may specify a date or dates by which the Company shall make and implement such arrangements and the Company shall comply with such directions.PART 8Payments to discharge the renewables obligation, dealing with the buy-out and late payment fundsInterpretation391In this Part—“buy-out fund” means the fund held by the Authority on the 1st September of the settlement period, being the aggregate of—amounts received by the Authority under Article 40 (those amounts relating to the renewables obligation in the relevant period);amounts held by the Authority by virtue of Articles 43(4)(b) and 44(4); andany interest earnt on those amounts;“compliant United Kingdom supplier” means a United Kingdom supplier which, at the end of the late payment period, has discharged or is treated as if it had discharged in full every UK renewables obligation imposed on it in respect of the relevant period;“GBRO costs” means the costs which have been or are expected to be incurred by the Great Britain authority in connection with the performance of any of its functions conferred by or under sections 32 to 32M of the Electricity Act during a period which in any order made under those articles corresponds to the settlement period;“late payment fund” is the fund held by the Authority on the 1st November of the settlement period, being the aggregate of—amounts received by the Authority during that period under Article 41 (those amounts relating to the renewables obligation in the relevant period); andany interest earnt on those amounts;“late payment period” means the period beginning on the 1st September and concluding on the 31st October in the settlement period;“NIRO costs” means the costs which have been or are expected to be incurred by the Authority in connection with the performance of any of its functions conferred by or under Articles 52 to 55F of the Energy Order during the settlement period;“non-compliant United Kingdom supplier” means a United Kingdom supplier which, at the end of the late payment period, has not discharged or is not treated as if it had discharged in full every UK renewables obligation imposed on it in respect of the relevant period;“the relevant period” is to be construed in accordance with Article 40(1);“relevant supplier” means an electricity supplier who was a designated electricity supplier in the relevant period and who at the end of the late payment period had discharged or is treated as if he had discharged the whole or part of his renewables obligation for the relevant period;“renewables obligation order” is to be construed in accordance with Article 52(4) of the Energy Order;“the settlement period” is to be construed in accordance with Article 40(1);“total UK buy-out fund” means the fund existing on the 1st September of the settlement period, being the aggregate of——the buy-out fund held on that date;any fund provided for in a renewables obligation order made under sections 32 to 32M of the Electricity Act which corresponds to the buy-out fund held on that date;“UK renewables obligation” means—the renewables obligation imposed by Article 5 of this Order; ora renewables obligation imposed by a renewables obligation order made under section 32 of the Electricity Act; and“United Kingdom supplier” meansa designated electricity supplier; andany electricity supplier on which a UK renewables obligation is imposed under a renewables obligation order made under section 32 of the Electricity Act.2In this Part, references to the late payment period, the relevant period and the settlement period, when used in the context of a United Kingdom supplier subject to a UK renewables obligation, are to be construed (where the United Kingdom supplier is not a designated electricity supplier) as references to the period which corresponds to the late payment, relevant or (as the case may be) settlement period in the order under which that UK renewables obligation is imposed.3Any sum payable by suppliers under Articles 40(1) or 41(6) is to be rounded to the nearest penny, with any half of a penny being rounded upwards.Payments to discharge the renewables obligation401A designated electricity supplier may (in whole or in part) discharge his renewables obligation for an obligation period (“the relevant period”) by making a payment to the Authority before the 1st September in the following obligation period (“the settlement period”).2The payment referred to in paragraph (1) is an amount equal to £X x (Y – Z) where—aX is the sum which corresponds to a renewables obligation certificate by virtue of paragraph (4);bY is the number of renewables obligation certificates that the designated electricity supplier, if he makes no payment under paragraph (1), would have to produce to the Authority in order for him to discharge his renewables obligation for the relevant period in full; andcZ is the number of renewables obligation certificates that he has actually produced to the Authority for that period (or, where he has not produced any at all, zero).3Where a designated electricity supplier makes a payment to the Authority which is less than the amount calculated under paragraph (2), his renewables obligation for the relevant period will be discharged by that payment to the extent of the appropriate number of renewables obligation certificates, which is the quotient obtained by dividing the payment made by the sum which corresponds to a renewables obligation certificate by virtue of paragraph (4).4The sum which corresponds to a renewables obligation certificate (“the buy-out price”) is—afor the relevant period commencing on 1st April 2009, £37.19; ...b for each subsequent obligation period up to and including the obligation period starting on 1st April 2025 , the buy-out price for the previous obligation period increased or, as the case may be, decreased by the percentage increase or decrease in the retail prices index over the 12 month period ending on the 31st December in the previous obligation period (the resulting figure being rounded to the nearest penny, with any half of a penny being rounded upwards) ; andcfor each obligation period thereafter, the buy-out price for the previous obligation period increased or, as the case may be, decreased by the percentage increase or decrease in the consumer prices index over the 12 month period ending with 31st December in the previous obligation period (the resulting figure being rounded to the nearest penny, with any half of a penny being rounded upwards).Late Payments to discharge the renewables obligation411Where a designated electricity supplier fails (in whole or in part) to discharge his renewables obligation for the relevant period before the 1st September in the settlement period, the Authority must notify him of the extent of his default as soon as is reasonably practicable on or after that date.2The extent of the designated electricity supplier’s default is an amount equal to the amount calculated under Article 40(2) less any amount that the designated electricity supplier has actually paid to the Authority under Article 40.3Interest is payable on that amount (or, where all or part of it is paid to the Authority before the end of the late payment period, such part of that amount as remains unpaid) during the late payment period.4That interest shall be calculated on a daily basis at 5 percentage points above the base rate charged by the Bank of England on the first day of the late payment period.5Any payment made by a designated electricity supplier towards discharging his default under paragraph (2) will be applied first to any interest that is payable under paragraph (3).6If, by the end of the late payment period, the designated electricity supplier has paid to the Authority under this Article the amount referred to in paragraph (2) and all interest required to be paid on that amount under paragraph (3), he shall be treated as having discharged his renewables obligation for the relevant period.6AIf, by the end of the late payment period, the designated electricity supplier has not paid to the Authority the amount referred to in paragraph (2) and all interest required to be paid on that amount under paragraph (3), the supplier will not have discharged its renewables obligation for the relevant period.7The Authority must not, during the late payment period, impose a penalty under Article 45 of the Energy Order on any supplier in respect of that supplier’s failure to discharge his renewables obligation in full before the 1st September in the settlement period.Dealing with the buy-out fund: payments into the Consolidated Fund and to the Great Britain authority421Subject to paragraph (2), before the 1st November in the settlement period the Authority must pay—ainto the Consolidated Fund the proportion of the buy-out fund which is equal to the proportion which the NIRO costs bear to the total UK buy-out fund; andbto the Great Britain authority the proportion of the buy-out fund which is equal to the proportion which the GBRO costs bear to the total UK buy-out fund.2Where the aggregate of the amounts to be paid by the Authority under paragraph (1) would exceed the buy-out fund, before the 1st November of the settlement period the Authority must pay the buy-out fund into the Consolidated Fund and to the Great Britain authority in the same ratio as the NIRO costs bear to the GBRO costs.3Where any amount to be paid under paragraph (1) or (2) is not a whole number when expressed in terms of pounds sterling, it is to be rounded down to the nearest pound sterling.4Where the buy-out fund exceeds the aggregate of the amounts to be paid by the Authority under paragraph (1), the Authority must pay the balance of the buy-out fund to United Kingdom suppliers under and in accordance with Article 44 by the 1st November in the settlement period.Dealing with the late payment fund: payments into the Consolidated Fund and to the Great Britain authority431Subject to paragraph (2), where the buy-out fund has been paid into the Consolidated Fund and to the Great Britain authority under Article 42(2), before the 1st January of that settlement period the Authority must pay from the late payment fund—ainto the Consolidated Fund an amount which is equal to the difference between the amount that was paid into the Consolidated Fund under Article 42(2) and the amount that would have been paid into it under Article 42(1) had the aggregate of the amounts to be paid by the Authority under Article 42(1) not exceeded the buy-out fund; andbto the Great Britain authority an amount which is equal to the difference between the amount that was paid to it under Article 42(2) and the amount that would have been paid to it under Article 42(1) had the aggregate of the amounts to be paid by the authority under Article 42(1) not exceeded the buy-out fund.2Where the aggregate of the amounts to be paid by the Authority under paragraph (1) would exceed that late payment fund, before the 1st January of the settlement period the Authority must pay the late payment fund into the Consolidated Fund and to the Great Britain authority in the same ratio as the NIRO costs bear to the GBRO costs.3Where any amount to be paid under paragraph (1) or (2) is not a whole number when expressed in terms of pounds sterling, it must be rounded down to the nearest pound sterling.4Where, after any payments required to be made during the settlement period under paragraph (1) or (2) have been made, the Authority—aholds more than £50,000 in the late payment fund, the Authority must pay the late payment fund to United Kingdom suppliers under and in accordance with Article 44 by the 1st January in the settlement period;bhold £50,000 or less in the late payment fund, the Authority must retain that money, which is to constitute part of the buy-out fund held in the obligation period immediately following the settlement period.Dealing with the buy-out and late payment funds: payments to United Kingdom suppliers441Each United Kingdom supplier must be paid a proportion of the amount (if any) that the Authority is required to pay to United Kingdom suppliers by virtue of Article 42(4) or 43(4)(a) by the dates in the settlement period specified in those Articles.2The proportion referred to in paragraph (1) is A ÷ B where—aA is the number of renewables obligation certificates presented by the United Kingdom supplier to the Authority or the Great Britain authority in order to discharge (in whole or in part) any UK renewables obligation to which it was subject in the relevant period; andbB is the total number of renewables obligation certificates presented by United Kingdom suppliers to the Authority and the Great Britain authority in order to discharge (in whole or in part) any UK renewables obligation to which they were subject in that period.3Where any amount to be paid under this Article is not a whole number when expressed in terms of pounds sterling, it must be rounded down to the nearest pound sterling.4Where by virtue of the operation of paragraph (3) the Authority continues to hold any sum which otherwise would have been paid out under this Article that sum shall be retained by the Authority and is to constitute part of the buy-out fund held in the obligation period immediately following the settlement period.PART 9Provision of information, functions of the Authority and modifications of this Order in relation to microgenerators in certain circumstancesProvisions of information to the Authority451The Authority may, be the date (if any) specified by it, require—aa designated electricity supplier to provide it with information which in its opinion is relevant to the question whether the supplier is discharging, or has discharged, his renewables obligation;ba person to provide it with information which in its opinion is relevant to the question whether a NIROC is, or was or will in future be, required to be issued to the person.2Without prejudice to paragraph (1), the Authority may, by the date (if any) specified by it, require any person who—ais the operator of a generating station generating electricity in respect of which a NIROC has been or may be issued;bsupplies, distributes or transmits such electricity; orcbuys or sells (as a trader) such electricity or NIROCs,to provide it with such information as in its opinion it requires in order to carry out any of its functions under this Order.3Without prejudice to paragraphs (1) and (2), for the purposes of determining the renewable output of a generating station in a month (“the relevant month”) the operator of the station must provide the Authority with figures showing—athe amount of input electricity used by the station in the relevant month, andbthe gross output of the station in that month,by the end of the second month following the relevant month (and those figures may be estimated if the Authority has agreed to estimates being provided and to the way in which those estimates are to be calculated).4Nothing in paragraph (3) prevents the Authority from accepting figures, or further figures, provided after the end of the second month following the relevant month if the Authority considers it appropriate to do so.5Without prejudice to paragraphs (1) and (2), each designated electricity supplier must provide the Authority with—aestimates of the amount of electricity he has supplied to customers in Northern Ireland during each month of an obligation period by no later than 1st June following that period;bfigures showing the amount of electricity he has actually supplied to customers in Northern Ireland during each month of an obligation period by no later than 1st July following that period; andcan estimate of the number of renewables obligation certificates he believes he would be required to produce to the Authority in order to discharge his renewables obligation for an obligation period if he did not discharge his renewables obligation for that period (in whole or in part) by some other means by no later than 1st July following that period.6When giving the information referred to in paragraph (5)(a) and (b), a designated electricity supplier must have regard to any sales figures relating to the electricity in respect of which he is giving that information which he has provided (or intends to provide) to the Department of Energy and Climate Change for publication in “Energy Trends”.7Without prejudice to paragraphs (1) and (2), for the purposes of determining whether a NIROC certifying the matters within Article 54(4) or (6) of the Energy Order should be issued the person to whom any such NIROC would be issued must provide the Authority with—aa figure representing the amount of electricity in respect of which NIROCs should (in that person’s opinion) be issued; andbthe data on which that person relied in arriving at that figure.8Where a designated electricity supplier receives a payment other than under Article 42(4) or 43(4)(a) in relation to a failure by a Great Britain designated electricity supplier to discharge its renewables obligation imposed in accordance with section 32(1) of the Electricity Act, the designated electricity supplier receiving the payment shall notify the Authority, immediately after receiving the payment, of the amount he received and the reason for the payment.9Information requested under or required to be provided by this Article must be given to the Authority in whatever form it requires.10In this Article “input electricity” and “gross output”, in relation to a generating station, have the same meaning as they have in Articles 22 and 23 (calculating a generating station’s renewable output).<Substitution ChangeId="key-44967a2ac80e030c6497c367dfe8c056-1751369584470" CommentaryRef="key-44967a2ac80e030c6497c367dfe8c056">Information to be provided to the Authority where electricity is generated from biomass ...</Substitution>461This Article applies to a generating station—awhich generates electricity (wholly or partly) from biomass (other than municipal waste, landfill gas or sewage gas); andbwhich is not a microgenerator.2In relation to each consignment of biomass (other than municipal waste, landfill gas or sewage gas) used in a generating station to which this article applies, the operator of the station must, by the 30th June immediately following the obligation period during which the biomass is used (“the relevant date”), provide the Authority with—athe information specified in paragraph (3);bother than in the case of biomass which was gas formed by the anaerobic digestion of material which was—ianimal excreta; oriiwaste,the information specified in paragraph (4); andcother than in the case of biomass which—iwas used in a generating station with a total installed capacity of at least one megawatt; oriiwas animal excreta, bioliquid or waste,the information specified in paragraph (5).3The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief—athe material from which the biomass was composed;bwhere the biomass was solid and can take different forms, the form of the biomass;cwhether the biomass was animal excreta or waste;dwhere the biomass was plant matter or derived from plant matter, the country where the plant matter was grown; andewhere the information specified in sub-paragraph (d) is not known or the biomass was not plant matter or derived from plant matter, the country from which the operator obtained the biomass.4The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief—awhere the biomass was solid, its mass (in tonnes);bwhere the biomass was liquid, its volume (in litres) when measured at 25 degrees Celsius and 0.1 megapascals;cwhere the biomass was gas, its volume (in cubic metres) when measured at 25 degrees Celsius and 0.1 megapascals;dwhere the biomass was an energy crop and was not a bioliquid—ithe type of energy crop in question; andiithe use of the land on which the biomass was grown in the year before the land was first used to grow energy crops; ...ewhere the biomass was, or was derived from, wood and was not waste or bioliquid—ithe name of the forest or other location where that wood was grown;iia description of the forestry management practices or land management practices used in the forest or other location where that wood was grown;iiiwhere any of the wood was likely to be a protected or threatened species, the name of that species and the proportion of the biomass that is likely to be composed of, or derived from, that species;ivthe proportion of the biomass that was, or was derived from, a saw log, and the specification adopted by the operator in accordance with paragraph (6) for the purpose of determining the proportion of the biomass that was, or was derived from, a saw log; andvthe proportion of the biomass that was, or was derived from, hardwood and the proportion that was, or was derived from, softwood; and fwhere the biomass was bioliquid used in a generating station on or after 1st January 2018, its energy content produced from each of the following categories of crop—istarch-rich crops;iisugars;iiioil crops;ivany other crops grown as a main crop primarily for energy purposes on agricultural land.5The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief—athe greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity;bwhere the biomass does not meet the greenhouse gas emission criteria, the main reasons why biomass meeting the greenhouse gas emission criteria was not used;cwhether the biomass meets the land criteria;dwhere the biomass does not meet the land criteria, the main reasons why biomass meeting the land criteria was not used; andewhere any of the information specified in sub-paragraphs (a) and (c) is not known—ithe main reasons why that information is not known; andiithe main reasons why biomass for which that information is known was not used.6For the purposes of paragraph (4)(e)(iv), the operator of the generating station must adopt a specification which is identical to—aa specification for determining whether wood is a saw log—iused by the sawmill closest to where the wood was grown; oriiissued by a body exercising functions of a public nature and issued for use by sawmills in the area in which the wood was grown; orbthe specification in the second column of Table 1 of Forestry Commission Field Book 9 (other than the parts of that specification relating to “log category” and “species” set out in the first and second rows of that table).7For the purposes of paragraph (5)(a), the operator of the generating station must calculate the greenhouse gas emissions from the use of the biomass in accordance with paragraphs 3(a), 4 and 5 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass).8Where, in relation to biomass used in a generating station to which this article applies, the operator of the station fails to provide the Authority with the information required by paragraph (2) by the relevant date, the Authority must, in relation to any NIROCs to which the operator would otherwise be entitled, postpone the issue of those NIROCs (up to the specified number) until such time as the information is provided.9For the purposes of paragraph (8), the specified number is the number of NIROCs which the Authority has or estimates that it has or, but for this article, it would have issued in respect of the electricity generated by the biomass in relation to which the information required by paragraph (2) should have been provided.10In this Article—“Forestry Commission Field Book 9” means Forestry Commission Field Book 9, 2nd edition 1993, entitled “Classification and Presentation of Softwood Sawlogs”;“protected or threatened species” means—a species listed in Appendices I, II or III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; ora species which is at risk of extinction; ...“saw log” means wood which is suitable for processing at a sawmill; and “starch-rich crops” includes—cereals (regardless of whether only the grains are used or the whole plant (such as in the case of green maize) is used);tubers and root crops (such as potatoes, Jerusalem artichokes, sweet potatoes, cassava and yams); andcorm crops (such as taro and cocoyam). <Addition ChangeId="key-e172fcb6020dc667abf38364eae06df9-1741732740477" CommentaryRef="key-e172fcb6020dc667abf38364eae06df9">Bioliquid sustainability audit report</Addition>46A1This Article applies to a generating station which generates electricity (wholly or partly) from bioliquid in respect of which the operator of the generating station has submitted sustainability information.2In relation to each consignment of bioliquid used in a generating station to which this Article applies, the operator of the station must, by the 31st May immediately following the obligation period during which the bioliquid referred to in paragraph (1) is used (“the relevant date”), provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3).3The requirements specified in this paragraph are that the sustainability audit report must—abe prepared by a person who is not—ithe owner or operator of the generating station; oriia connected person, in relation to the owner or operator of the generating station;bconsider whether the systems used to produce the relevant sustainability information are likely to produce information which is reasonably accurate and reliable;baconsider whether there are controls in place to help protect the relevant sustainability information against material misstatements due to fraud or error;cconsider the frequency and methodology of any sampling carried out for the purpose of obtaining or checking the data on which the operator relied in preparing the relevant sustainability information;dconsider the robustness of the data on which the operator relied in preparing the relevant sustainability information;dastate whether anything has come to the attention of the person preparing the report to indicate that the relevant sustainability information is not accurate;ebe prepared to an adequate standard;fidentify whether the bioliquid was certified under an environmental quality assurance scheme, and if so—istate the name of the scheme, andiiidentify whether the European Commission has adopted a decision under article 18(4) of the Renewables Directive in respect of the scheme; andgwhere the bioliquid was not derived from waste or residue and the actual value method or the mixed value method was used for the purpose of calculating the greenhouse gas emissions from the use of the bioliquid, identify—iwhether a restored degraded land bonus was included in the calculation of the greenhouse gas emissions from the use of the bioliquid, andiiwhether an emission saving from soil carbon accumulation via improved agricultural management was included in the calculation of the greenhouse gas emissions from the use of the bioliquid.4Subject to paragraph (5), it is for the operator of the generating station to demonstrate to the Authority’s satisfaction that the sustainability audit report was prepared to an adequate standard.5A sustainability audit report shall be deemed to have been prepared to an adequate standard if it has been prepared in accordance with the requirements in respect of limited assurance engagements prescribed in ISAE 3000, or an equivalent standard.6Where, in relation to bioliquid used in a generating station to which this Article applies, the operator of the station fails to provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3) by the relevant date, the Authority must, in relation to any NIROCs to which the operator would otherwise be entitled, postpone the issue of those NIROCs (up to the specified number) until such time as the sustainability audit report is provided.7For the purposes of paragraph (6), the specified number is the number of NIROCs which the Authority has or estimates that it has or, but for this Article, would have issued in respect of the electricity generated by the bioliquid in relation to which a sustainability audit report meeting the requirements specified in paragraph (3) should have been provided.8In this Article—“actual value method” has the same meaning as in Schedule A1;“emission saving from soil carbon accumulation via improved agricultural management” has the same meaning as in Part C of Annex 5 to the Renewables Directive as amended from time to time; “environmental quality assurance scheme” means a voluntary scheme which establishes environmental or social standards in relation to the production of bioliquid or matter from which a bioliquid is derived; “mixed value method” has the same meaning as in Schedule A1;“relevant sustainability information”, in relation to a consignment of bioliquid, means the sustainability information submitted by the operator of the generating station in respect of the consignment;“restored degraded land bonus” means the bonus referred to in paragraphs 7 and 8 of Part C of Annex 5 to the Renewables Directive.<Addition ChangeId="key-f7720d52ffaf9d638f381672cd473e35-1751296367607" CommentaryRef="key-f7720d52ffaf9d638f381672cd473e35">Solid and gaseous biomass sustainability audit report</Addition>46B1This Article applies to a generating station which—ahas a total installed capacity of at least 1 megawatt, andbgenerates electricity (wholly or partly) from biomass.2In relation to each consignment of biomass used in a generating station to which this Article applies, and in respect of which the operator of the station has—ain the case of biomass which is waste..., provided the information specified in Article 46(3)(c);bin the case of biomass which is not waste..., provided the information specified in Article 46(5) the operator of the station must, by the 30th June immediately following the obligation period during which the biomass was used (“the relevant date”), provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3).3The requirements specified in this paragraph are that the sustainability audit report must—abe prepared by a person who is not—ithe owner or operator of the generating station, oriia connected person, in relation to the owner or operator of the generating station;bconsider whether the systems used to produce the relevant information are likely to produce information which is reasonably accurate and reliable;cconsider whether there are controls in place to help protect the relevant information against material misstatements due to fraud or error;dconsider the frequency and methodology of any sampling carried out for the purpose of obtaining or checking the data on which the operator relied in preparing the relevant information;econsider the robustness of the data on which the operator relied in preparing the relevant information;fstate whether anything has come to the attention of the person preparing the report to indicate that the relevant information is not accurate; andgbe prepared in accordance with the requirements in respect of limited assurance engagements prescribed in ISAE 3000, or an equivalent standard.4Where, in relation to biomass used in a generating station to which this Article applies, the operator of the station fails to provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3) by the relevant date, the authority must, in relation to any NIROCs to which the operator would otherwise be entitled, postpone the issue of those NIROCs (up to the specified number) until such time as the sustainability audit report is provided.5For the purposes of paragraph (4), the specified number is the number of NIROCs which the Authority has or estimates that it has or, but for this Article, would have issued in respect of the electricity generated by the biomass in relation to which a sustainability audit report meeting the requirements specified in paragraph (3) should have been provided.6In this Article, “relevant information” means—ain relation to a consignment of biomass which is waste..., the information specified in Article 46(3)(c) that is provided to the Authority by the operator of the generating station in respect of the consignment;bin relation to a consignment of biomass which is not waste..., the information specified in Article 46(5) that is provided to the Authority by the operator of the generating station in respect of the consignment.7Reference in this Article to biomass do not include bioliquid, landfill gas, sewage gas, municipal waste or excreta produced by animals.Provision of information to the Department47Any information provided to the Authority under Article 45(5) must be provided to the Department at the same time.Exchange of information with the Great Britain authority481The Authority must, as soon as reasonably practicable after the specified day following an obligation period, notify the Great Britain authority of—athe details of each GBROC produced to the Authority by a designated electricity supplier in discharge of that supplier’s renewables obligation for that period and the name of the designated electricity supplier in question; andbthe total number of GBROCs produced to the Authority in respect of that obligation period.2The Authority must, as soon as reasonably practicable after receiving a notification from the Great Britain authority as to the NIROC identifiers of NIROCs produced to the Great Britain authority by Great Britain designated electricity suppliers under GBRO Orders, inform the Great Britain authority of—athe NIROC identifier of any NIROC so notified which it has revoked under Article 37 and whether it has issued a replacement NIROC in respect of any NIROC (unless that replacement NIROC has itself been revoked);bthe NIROC identifier of any NIROC so notified that has also been produced to the Authority by a designated electricity supplier under Article 5(2) and the date on which it was also produced.3The Authority may conduct enquiries or investigations in respect of whether any electricity which is or may be the subject of a GBROC issued under any provision included in a GBRO Order by virtue of section 32B(4) and (6) of the Electricity Act has been supplied to customers in Northern Ireland and if, as a result of any such enquiry or investigation, the Authority is not satisfied that any such electricity has been so supplied it shall notify the Great Britain authority accordingly.4The Authority must as soon as reasonably practicable after the specified day, following an obligation period, notify the Great Britain authority as to the number of renewables obligation certificates produced to the Authority in respect of that obligation period.Functions of the Authority491In addition to the functions assigned to it elsewhere in this Order, the Authority shall have the following specific functions—akeeping, maintaining and making available to the public a list of generating stations granted preliminary accreditation and accreditation in accordance with Article 50, together with any applicable conditions attached to the preliminary accreditation or accreditation;bkeeping and maintaining a list of NIROCs which have been revoked and making such list available to the public;ccalculating and publishing before the start of each obligation period (with the exception of the first obligation period to which this Order relates) the sum which corresponds to a NIROC for that period by virtue of Article 40(4);dpublishing from time to time during an obligation period the total NIROC claim for that period;eby the 1st April each year publishing a report in relation to the obligation period ending on the 31st March in the previous calendar year (“the relevant period”), such report to include details (or, in the case of paragraph (v), a summary) of—ithe compliance of each designated electricity supplier with his renewables obligation for the relevant period, including the extent to which that obligation was met by the production renewables obligation certificates pursuant to Article 5(2), payments made under Article 40 or the production of GBROCs pursuant to Article 13(1) or treated as met by payments made under Article 41;iithe sums received by each United Kingdom supplier under Article 44 in relation to the relevant period;iiithe number of NIROCs issued by the Authority, the number of NIROCs accepted by it under Article 5(2), the number of GBROCs accepted by it under Article 13(1) and the number of NIROCs issued but not yet deleted from the Register in respect of the relevant period;ivthe number of NIROCs issued by the Authority in relation to the relevant period categorized by reference to the ways in which the electricity in respect of which the NIROCs were issued was generated;vthe outcome of any enquiries or investigations conducted by the Authority pursuant to sub-paragraph (f) in relation to the relevant period; andviany other matters which the Authority considers relevant in relation to the relevant period;fmonitoring compliance with this Order by designated electricity suppliers and operators of generating stations (including compliance by operators of generating stations with any conditions attached to their accreditation) and such monitoring may include conducting enquiries or investigations into—ithe amount of electricity generated from renewable sources by accredited generating stations;iithe amount of such electricity supplied to customers in Northern Ireland;iiithe transfer and holding of NIROCs (including the transfer and holding of NIROCs issued to agents by virtue of Article 33);ivthe effect of such matters on the making and allocation of payments under Articles 40, 41, and 44; andvthe effect of the renewables obligation on the activities and operations of designated electricity suppliers and the operators of generating stations;gpublishing at its discretion reports of enquiries or investigations conducted by the Authority pursuant to sub-paragraph (f); andhthe provision of such information to the Great Britain authority as the Authority considers may be relevant to the exercise of the Great Britain authority’s functions under any GBRO Order.1AThe Authority must, as soon as reasonably practicable after each obligation period, forward to the Department a summary of the sustainability information submitted to it during that period.2In this Article “total NIROC claim” means the total number of NIROCs which have been claimed in respect of a particular obligation period, less—athe number of NIROCs which have been issued in respect of that obligation period; andbthe number of NIROCs which the Authority has, in respect of that obligation period, decided not to issue or refused to issue under Article 37....Preliminary accreditation and accreditation of generating stations501Paragraphs (2) to (10) shall apply to the granting and withdrawing of preliminary accreditation and accreditation of generating stations by the Authority, and paragraphs (3) to (5) are subject top paragraph (2).2The Authority must not grant accreditation or preliminary accreditation to a generating station under this Article—aif it cannot issue NIROCs in respect of electricity generated by that station by virtue of Article 17 (excluding generating stations), orbif, in its opinion, the station is unlikely to generate electricity in respect of which NIROCs may be issued.3Where a generating station in respect of which—aconsent under Article 39 of the Electricity Order has been obtained; orbplanning permission under the Planning (Northern Ireland) Order 1991 has been granted,has not yet been commissioned, the Authority may, upon the application of the person who proposes to construct or operate the generating station, grant the station preliminary accreditation.4Where a generating station has been commissioned, the Authority may, upon the application of its operator (or, where NIROCs relating to electricity generated by that generating station are to be issued to an agent by virtue of Article 33, that agent), grant the station accreditation.5Where a generating station has been granted preliminary accreditation (and such preliminary accreditation has not been withdrawn) and an application for its accreditation is validly made the Authority must not grant that application if it is satisfied that—athere has been a material change in circumstances since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused;bthe information on which the decision to grant the preliminary accreditation was based was incorrect in a material particular such that, had the Authority known the true position when the application for preliminary accreditation was made, it would have refused it; orcthere has been a change in applicable legislation since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused;but otherwise the Authority must grant the application.6The Authority may, in granting preliminary accreditation or accreditation under this Article, attach such conditions as appear to it to be appropriate.7Where any of the circumstances mentioned in paragraph (8) apply in relation to preliminary accreditation or an accreditation which the Authority has granted, (whether or not under this Article) and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may—awithdraw the preliminary accreditation or accreditation in question;bamend conditions attached to the preliminary accreditation or accreditation under paragraph (6);cattach conditions to the preliminary accreditation or accreditation.8The circumstances referred to in paragraph (7) are as follows—ain the Authority’s view there has been a material change in circumstances since the preliminary accreditation or accreditation was granted;bany condition attached to the preliminary accreditation or accreditation was granted has not been complied with;cthe Authority has reason to believe that the information on which the decision to grant the preliminary accreditation or accreditation was based was incorrect in a material particular;dthere has been a change in applicable legislation since the preliminary accreditation or accreditation was granted such that, had the application for preliminary accreditation or accreditation been made after the change it would not have been granted.9The Authority must notify the applicant in writing of—aits decision on an application for preliminary accreditation or accreditation of a generating station;bany conditions attached to the preliminary accreditation or accreditation; andcany withdrawal of preliminary accreditation or accreditation.10In providing written notification under paragraph (9), the Authority must specify the date on which the grant or withdrawal of preliminary accreditation or accreditation is to take effect and, where applicable, the date on which any conditions attached to the preliminary accreditation or accreditation are to take effect.11In paragraph (3), the reference to the person who proposes to construct the generating station shall include a person who arranges for the construction of the generating station.<Addition ChangeId="key-cd70394af1712da8f0b02ea8f40707e4-1743601037608" CommentaryRef="key-cd70394af1712da8f0b02ea8f40707e4">Registration as a grace period generating station</Addition>50A1This Article applies to a generating station—awhich is first commissioned on or after 1stMay 2013, andbin respect of which an application for accreditation is made under Article 50(4) on or before 30thSeptember 2013.2The operator of a generating station to which this Article applies may submit a request to the Authority for the generating station to be registered under this Article as a grace period generating station.3A request for a generating station to be registered as a grace period generating station must be accompanied by—athe documents specified in paragraph (4)(a), (b) and (c),bthe documents specified in paragraph (4)(d), (e) and (f), orcthe documents specified in paragraph (4)(a), (b), (d), (e) and (g).4The documents specified in this paragraph are—aa copy of a grid connection agreement specifying a grid connection date which is no later than 30thApril 2013;ba letter from a network operator who is a party to the grid connection agreement confirming (whether or not such confirmation is subject to any conditions or other terms) that—ithe grid connection was made after the grid connection date, andiiin the network operator’s opinion, the failure to make the grid connection on or before the grid connection date was not due to any breach of the grid connection agreement by a relevant person;ca declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 30thApril 2013 if the grid connection had been made on or before the grid connection date;da copy of a radar works agreement specifying a radar works completion date which is no later than 30thApril 2013;ea letter from a party to the radar works agreement who is not a relevant person confirming (whether or not such confirmation is subject to any conditions or other terms) that—ithe radar works were completed after the radar works completion date, andiiin that person’s opinion, the failure to complete the radar works on or before the radar works completion date was not due to any breach of the radar works agreement by a relevant person;fa declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 30thApril 2013 if the radar works had been completed on or before the radar works completion date;ga declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 30thApril 2013 if—ithe grid connection had been made on or before the grid connection date, andiithe radar works had been completed on or before the radar works completion date.5Where the operator of a generating station to which this Article applies submits a request for registration of the generating station as a grace period generating station, the Authority must not register the generating station under this Article as a grace period generating station unless—athe request to register the generating station as a grace period generating station was received by the Authority before the Authority had made its decision on the application for accreditation of the generating station,bthe Authority is satisfied that the request complies with the requirements of paragraph (3),cthe Authority is satisfied that the generating station was commissioned before 1stOctober 2013, anddthe Authority decides to grant the application for accreditation of the generating station.6In circumstances where the Authority has reason to believe that the information on which a decision to register a generating station as a grace period generating station was based was incorrect in a material particular, and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may withdraw the registration in question.7The Authority must notify the operator of the generating station in writing of—aits decision on a request to register the station as a grace period generating station;bany withdrawal of registration of the station as a grace period generating station.8The written notification under paragraph (7)(a) must be provided by the Authority at the same time as the written notification under Article 50(9) of its decision on the application for accreditation of the generating station.9In this Article—“grid connection” means a connection between a generating station and a transmission system or distribution system for the purpose of enabling electricity to be conveyed from the generating station to that system;“grid connection agreement” means an agreement between a relevant person and a network operator for the making of a grid connection;“grid connection date”, in relation to a grid connection agreement, means the earliest of any date specified in the grid connection agreement by which—the grid connection is required to be made, orit is estimated that the grid connection would be made;“network operator” means a—distribution exemption holder,distribution licence holder, ortransmission licence holder;“radar works” means—the construction of a radar station,the installation of radar equipment,the carrying out of modifications to a radar station or to radar equipment; orthe testing of a radar station or radar equipment;“radar works agreement” means an agreement between a relevant person and a person who is not a relevant person for the carrying out of radar works;“radar works completion date”, in relation to a radar works agreement, means the earliest of any date specified in the radar works agreement by which—the radar works are required to be completed, orit is estimated that the radar works would be completed;“relevant person”, in relation to a request for a generating station to be registered as a grace period generating station, means—the operator of the generating station, ora person who arranged for the construction of the generating station.NIROC Register511The Authority must establish and maintain a register of NIROCs (“the Register”) in accordance with Schedule 3 which shall have effect.2A NIROC is issued for the purpose of this Order at the point at which its particulars (within the meaning of Schedule 3) are entered in the Register by the Authority.3Without prejudice to the foregoing provisions of this Article and Schedule 3, the Authority must ensure that the Register contains, by way of entries made in it——aan accurate record of the particulars of each NIROC which is issued by the Authority (including the person who is for the time being its registered holder) and which remains eligible to be produced to the Authority; andba list of names of all persons who either are the registered holder of a NIROC or, although not at that time the registered holder of a NIROC, have notified the Authority that they wish an entry to be made and maintained in respect of them as prospective registered holders of NIROCs.4Only the registered holder of a NIROC may produce that NIROC to the Authority under Article 5.Modification of this Order in relation to microgenerators in certain circumstances521This Article applies to generating stations which are microgenerators.2The operator of a generating station to which this Article applies or, where NIROCs relating to generating stations to which this Article applies are to be issued to an agent by virtue of Article 33, that agent (and not the operators of the generating stations in question) may—awhere NIROCs have not yet been issued in respect of any electricity generated during the course of an obligation period by the station or stations in question, during the course of that obligation period; orbin any other case, not less than one month before the beginning of an obligation period (“the relevant obligation period”),give notice in writing to the Authority that entitlement to NIROCs in respect of electricity generated by the station or stations in question is to be determined on the basis set out in the remainder of this Article.3Paragraph (4) applies—awhere an operator or, as the case may be, agent has given notice as specified in paragraph (2)(a) for the remainder of the obligation period during which the notice was given and subsequent obligation periods; andbwhere an operator or, as the case may be, agent has given notice as specified in paragraph 2(b), for the relevant obligation period and subsequent obligation periods.4Where this paragraph applies, the reference to “month” in each place where it occurs in Articles ..., 21, 22, 23, 34, 35, 37, 45 and Schedule 3 is to be taken to be a reference to “obligation period”, subject to the following exceptions—aIn Articles 22(2)(b), and 45(3) the reference to “the second month” is to remain unchanged;bin paragraph 3(b)(i) of Schedule 3 the words “the month and year” is to be replaced by “the obligation period”.5An operator or, as the case may be, agent who has given notice under paragraph (2) may—aif notice was given under paragraph (2)(a), not less than one month before the beginning of any obligation period following the obligation period during which the notice was given; orbif notice was given under paragraph (2)(b), not less than one month before the beginning of any obligation period following the relevant obligation period,by notice in writing to the Authority, withdraw the notice given under paragraph (2).6Where an operator or, as the case may be, agent withdraws a notice given under paragraph (2), that notice ceases to have effect from the beginning of the obligation period in relation to which the notice under paragraph (5) was given.Revocation, transitional and savings531Subject to paragraphs (2) to (4), the following Orders are hereby revoked—aThe Renewables Obligation Order (Northern Ireland) 2007(“the 2007 Order”); andbThe Renewables Obligation (Amendment) Order (Northern Ireland) 2007.2The 2007 Order shall continue to apply in relation to the issue and revocation of NIROCs under it in respect of electricity generated before 1st April 2009, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation;3The 2007 Order shall continue to apply in relation to—athe issue and revocation of NIROCs under it in respect of electricity generated before 1st April 2009, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation;bany obligations or requirements imposed by it on an electricity supplier, an operator of a generating station or some other person in respect of the obligation period ending on 31st March 2009, and anything which falls to be done or determined (whether by the supplier, the generator or some other person) in relation to any such obligations and requirements;cany obligations and functions of the Authority in respect of that obligation period, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to it.4Without prejudice to the generality of the foregoing—aArticle 28 of the 2007 Order shall continue to apply so as to enable the Authority to request information in respect of electricity generated in the obligation period ending on 31st March 2009;bSchedule 2 to the 2007 Order is to continue to apply in relation to that obligation period.5For the purpose of Article 13(2) of this Order—aNIROCs issued under the 2007 Order in respect of electricity supplied in the obligation period ending on 31st March 2009; and,bGBROCs issued in respect of electricity supplied in the period corresponding to that obligation periodmay be produced to the Authority by a designated supplier in discharge of up to 25 per cent of his renewables obligation in respect of the obligation period ending on 31st March 2010.6In this Article, “obligation period” (except the reference to the obligation period ending on 31st March 2010 in paragraph (4) and “NIROCs” have the same meaning as in the 2007 Order.Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 27th March 2009.Jenny PyperA senior officer of theDepartment of Enterprise, Trade and InvestmentSCHEDULE A1<Addition ChangeId="key-7f9384a5d8ef519bceecfd5ab64a855b-1741731350457" CommentaryRef="key-7f9384a5d8ef519bceecfd5ab64a855b">GREENHOUSE GAS EMISSION CRITERIA FOR BIOLIQUID</Addition>Articles 2(1) and 22A<Addition ChangeId="key-7f9384a5d8ef519bceecfd5ab64a855b-1741731350457" CommentaryRef="key-7f9384a5d8ef519bceecfd5ab64a855b">Interpretation</Addition>1In this Schedule—“actual value method” means the calculation method for greenhouse gas emissions from the production and use of bioliquids provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex 5 to the Renewables Directive;“default percentage” means—in relation to bioliquid described in the first column of Part A or Part B of Annex 5 to the Renewables Directive—the percentage (if any) which corresponds to that description in the third column of Part A or Part B of that Annex; orwhere a percentage corresponding to that description is not set out in the third column of Part A or Part B of that Annex, the percentage which complies with the provision corresponding to that description in the second column of Part A or Part B of that Annex;in all other cases, zero %;“disaggregated default values” means, in relation to a bioliquid described in the first column of a table in Part D or Part E of Annex 5 to the Renewables Directive, the value which corresponds to that description in the third column of that table in Part D or Part E of Annex 5 to the Renewables Directive;...“greenhouse gas emissions from the use of fossil fuel” means the value given in paragraph 19 of Part C of Annex 5 to the Renewables Directive as the fossil fuel comparator for bioliquids used for electricity production;“mixed value method” means the calculation method for greenhouse gas emissions from the production and use of bioliquids provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex 5 to the Renewables Directive, but using one or more disaggregated default values for the bioliquid when carrying out the calculation set out in paragraph 1 of Part C of that Annex; and “relevant percentage” means—in relation to bioliquid produced by an installation that started producing liquid fuel from biomaterial before 6th October 2015—35% in the case of bioliquid used to generate electricity before 1st January 2017;50% in the case of bioliquid used to generate electricity on or after 1st January 2017;in relation to bioliquid produced by an installation that started producing liquid fuel from biomaterial on or after 6th October 2015—35% in the case of bioliquid used to generate electricity before 1st January 2017;50% in the case of bioliquid used to generate electricity on or after 1st January 2017 but before 1st January 2018;60% in the case of bioliquid used to generate electricity on or after 1st January 2018. <Addition ChangeId="key-7f9384a5d8ef519bceecfd5ab64a855b-1741731350457" CommentaryRef="key-7f9384a5d8ef519bceecfd5ab64a855b">The greenhouse gas emission criteria</Addition>2Where bioliquid is used to generate electricity, it meets the greenhouse gas emission criteria if—athe greenhouse gas emissions from its use are lower, by at least the relevant percentage, than the greenhouse gas emissions from the use of fossil fuel; orbthe bioliquid was—iproduced by an installation that was producing bioliquid on 23rd January 2008; andiiused to generate electricity before 1st April 2013.<Addition ChangeId="key-7f9384a5d8ef519bceecfd5ab64a855b-1741731350457" CommentaryRef="key-7f9384a5d8ef519bceecfd5ab64a855b">Calculating the percentage difference</Addition>3For the purposes of paragraph 2, the percentage difference between the greenhouse gas emissions from the use of the bioliquid and the greenhouse gas emissions from the use of fossil fuel is—ato be calculated using one of the following methods—ithe actual value method; oriithe mixed value method; orbthe default percentage.4The mixed value method must not be used for the purposes of paragraph 2 unless the bioliquid is described in the first column of a table in Part D or Part E of Annex 5 to the Renewables Directive.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6The default percentage must not be used for the purposes of paragraph 2 unless, in relation to the bioliquid, the result of the calculation in paragraph 7 of Part C of Annex 5 to the Renewables Directive is equal to, or less than, zero.SCHEDULE A1A<Addition ChangeId="key-7f9384a5d8ef519bceecfd5ab64a855b-1741731350457" CommentaryRef="key-7f9384a5d8ef519bceecfd5ab64a855b"><Addition ChangeId="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8-1751366696387" CommentaryRef="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8">Greenhouse gas emission criteria for solid and gaseous biomass</Addition></Addition>PART 1<Addition ChangeId="key-7f9384a5d8ef519bceecfd5ab64a855b-1741731350457" CommentaryRef="key-7f9384a5d8ef519bceecfd5ab64a855b"><Addition ChangeId="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8-1751366696387" CommentaryRef="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8">Greenhouse gas emission criteria</Addition></Addition><Addition ChangeId="key-7f9384a5d8ef519bceecfd5ab64a855b-1741731350457" CommentaryRef="key-7f9384a5d8ef519bceecfd5ab64a855b"><Addition ChangeId="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8-1751366696387" CommentaryRef="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8">Interpretation</Addition></Addition>1In this Schedule—“actual value method” means the calculation method provided for in Part 2;“default value method” means the calculation method provided for in Part 3;“post-2013 dedicated biomass station” means a generating station which—was not accredited on or before 31st March 2013; andhas, in any month after March 2013, generated electricity in the way described as “dedicated biomass” in Schedule 2 (electricity to be stated in NIROCs);“relevant biomass” means biomass other than animal excreta, bioliquid, landfill gas, sewage gas or waste;“relevant ceiling” means—in relation to biomass used by a post-2013 dedicated biomass station to generate electricity before 1st April 2020, 79.2 grams per mega joule of electricity;in relation to biomass used to generate electricity on or after 1st April 2020 and before 1st April 2025, 75 grams per mega joule of electricity; andin relation to biomass used to generate electricity on or after 1st April 2025, 72.2 grams per mega joule of electricity;“relevant target” means—in relation to biomass used to generate electricity before 1st April 2020 by a station other than a post-2013 dedicated biomass station, 79.2 grams per mega joule of electricity;in relation to biomass used by a post-2013 dedicated biomass station to generate electricity before 1st April 2020, 66.7 grams per mega joule of electricity;in relation to biomass used to generate electricity on or after 1st April 2020 and before 1st April 2025, 55.6 grams per mega joule of electricity; andin relation to biomass used to generate electricity on or after 1st April 2025, 50 grams per mega joule of electricity.<Addition ChangeId="key-7f9384a5d8ef519bceecfd5ab64a855b-1741731350457" CommentaryRef="key-7f9384a5d8ef519bceecfd5ab64a855b"><Addition ChangeId="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8-1751366696387" CommentaryRef="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8">The greenhouse gas emission criteria</Addition></Addition>2Biomass meets the greenhouse gas emission criteria for solid and gaseous biomass—aif the greenhouse gas emissions from its use are equal to, or less than, the relevant target; orbif—ithe biomass is used by a post-2013 dedicated biomass station or the biomass is used to generate electricity after 1st April 2020;iithe greenhouse gas emissions from its use are equal to, or less than, the relevant ceiling; andiiithe biomass is used in an obligation period in which the average greenhouse gas emissions from the relevant biomass used by the station to generate electricity during that obligation period are equal to, or less than, the relevant target.<Addition ChangeId="key-7f9384a5d8ef519bceecfd5ab64a855b-1741731350457" CommentaryRef="key-7f9384a5d8ef519bceecfd5ab64a855b"><Addition ChangeId="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8-1751366696387" CommentaryRef="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8">Calculating the greenhouse gas emissions</Addition></Addition>3For the purposes of paragraph 2, and subject to paragraph 4, the greenhouse gas emissions from the use of biomass to generate electricity—ais to be calculated by the operator of the generating station using the actual value method or the default value method; orbis 91 grams per mega joule of electricity.4The default value method must not be used to calculate the greenhouse gas emissions from the use of biomass unless—athe biomass was used in a generating station with a total installed capacity of less than one megawatt;bthe biomass is described in the first column of the table in Part 4; andcin relation to the biomass, the result of the calculation in paragraph 7 of Part C of Annex 5 to the Renewables Directive is equal to, or less than, zero.5For the purposes of paragraph 4(c), paragraph 7 of Part C of Annex 5 to the Renewables Directive is to be read as if—afor each reference to “biofuel” there was substituted “biomass”; andbthe words “or bioliquid” were omitted in each place in which those words occur.PART 2<Addition ChangeId="key-7f9384a5d8ef519bceecfd5ab64a855b-1741731350457" CommentaryRef="key-7f9384a5d8ef519bceecfd5ab64a855b"><Addition ChangeId="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8-1751366696387" CommentaryRef="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8">Actual value method</Addition></Addition>6Where the greenhouse gas emissions from the use of biomass are calculated using the actual value method the greenhouse gas emissions from the use of the biomass are equal to—ain the case of biomass used by a combined heat and power generating station, Eηel(ηelηel+Ch×ηh); andbin any other case, Eηel.7In paragraph (6)—a ηel is equal to AF where—iA is the total amount of electricity generated by the generating station during the month; andiiF is the energy content of all of the fuels used in generating that electricity during the month;b ηh is equal to HF where—iF has the same meaning as in sub-paragraph (a)(ii); andiiH is the energy content of all of the heat supplied to any premises by the generating station during the month; andc Ch is equal to—iwhere the maximum temperature in degrees kelvin of heat or steam which is (or may be) supplied by the generating station to any premises (“Tmax”) is less than 423 degrees kelvin, 0.3546;iiin any other case, Tmax−273Tmax; anddE is the greenhouse gas emissions from the production of the biomass and is to be calculated in accordance with Part C of Annex 5 to the Renewables Directive but as if the following modifications were made to Part C of that Annex:—iin paragraph 1—aafor “and use of transport fuels, biofuels and bioliquids” there was substituted “of biomass”;bbfor “E = total emissions from the use of the fuel” there was substituted “E = greenhouse gas emissions from the production of the biomass”; andccfor “eu = emissions from the fuel in use” there was substituted “eu = zero”;iiin paragraph 2, for the references to “fuels” and “fuel” there was substituted in each case “biomass”;iiiparagraphs 3 and 4 were omitted;ivin paragraph 7—aafor each reference to “biofuel” there was substituted “biomass”; andbbthe words “or bioliquid” were omitted in each place in which those words occur;vin paragraph 11, for “fuel” there was substituted “biomass”;viparagraph 13 was omitted;viiin paragraph 14, for “fuel” there was substituted “biomass”;viiifor paragraph 16 there was substituted—16Emission saving from excess electricity from cogeneration shall be taken to be zero.;ixin paragraph 17, for each reference to “fuel” there was substituted “biomass”;xin paragraph 18—aafor “fuel” there was substituted “biomass”;bbthe words “In case of biofuels and bioliquids,” were omitted;ccbefore “and residues from processing” there was inserted “residues from aquaculture, arboriculture, fisheries and forestry”; andddfor “fuels” there was substituted “biomass”; andxifor paragraph 19 there was substituted—19Where material is added to the biomass to act as a binding agent or to reduce the emissions of dust, carbon dioxide, methane or nitrous oxide from the use of the biomass, the material so added shall be considered to have zero life-cycle greenhouse gas emissions, provided that the material so added does not exceed 2% by weight of the biomass..PART 3<Addition ChangeId="key-7f9384a5d8ef519bceecfd5ab64a855b-1741731350457" CommentaryRef="key-7f9384a5d8ef519bceecfd5ab64a855b"><Addition ChangeId="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8-1751366696387" CommentaryRef="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8">Default value method</Addition></Addition>8The greenhouse gas emissions from the use of biomass are calculated using the default value method where the greenhouse gas emissions from the use of the biomass are equal to—ain the case of biomass used by a combined heat and power generating station, Eηel(ηelηel+Ch×ηh); andbin any other case, Eηel.9In paragraph (8)—a ηel, ηh and Ch have the same meaning as in Part 2; andbE, in relation to a type of biomass described in the first column of the table in Part 4, is the number of grams which corresponds to that description in the second column of that table.PART 4<Addition ChangeId="key-7f9384a5d8ef519bceecfd5ab64a855b-1741731350457" CommentaryRef="key-7f9384a5d8ef519bceecfd5ab64a855b"><Addition ChangeId="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8-1751366696387" CommentaryRef="key-cbcb75ca760fea1bf7e35a1ffdb7fdf8">Default greenhouse gas emissions from the production of biomass</Addition></Addition>BiomassDefault greenhouse gas emissions from the production of biomass (in grams)Wood chips made from residue from forestry carried out in European temperate continental forest1Wood chips made from residue from forestry carried out in tropical or subtropical forest25Wood chips from short rotation forestry carried out in European temperate continental forest4Wood chips from short rotation forestry carried out in tropical or subtropical forest28Wood briquettes or wood pellets—2which are made from residue from forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by woodWood briquettes or wood pellets—20which are made from residue from forestry carried out in tropical or subtropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gasWood briquettes or wood pellets—17which are made from residue from forestry carried out in tropical or subtropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by woodWood briquettes or wood pellets—35which are made from residue from forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gasWood briquettes or wood pellets—4which are made from short rotation forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by woodWood briquettes or wood pellets—22which are made from short rotation forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gasWood briquettes or wood pellets—22which are made from short rotation forestry carried out in tropical or subtropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by woodWood briquettes or wood pellets—40which are made from short rotation forestry carried out in tropical or subtropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gasCharcoal made from residue from forestry carried out in European temperate continental forest41Charcoal made from residue from forestry carried out in tropical or subtropical forest50Charcoal made from short rotation forestry carried out in European temperate continental forest46Charcoal made from short rotation forestry carried out in tropical or subtropical forest57Wheat straw2Bagasse briquettes where the process to produce the bagasse briquettes was fuelled by wood17Bagasse briquettes where the process to produce the bagasse briquettes was fuelled by natural gas35Bagasse bales20Palm kernel27Rice husk briquettes28Miscanthus bales7Biogas produced from wet manure8Biogas produced from dry manure7Biogas produced from wheat, where the whole plant was used to produce the biogas21Biogas produced from straw21Biogas produced from maize, where—34the whole maize plant was used in the process to produce the biogas; andthe maize was not grown by organic farming methodsBiogas produced from maize, where—19the whole maize plant was used in the process to produce the biogas; andthe maize was grown by organic farming methodsSCHEDULE A2<Substitution ChangeId="key-4d048585160eac94250798993cc68cbf-1751367576904" CommentaryRef="key-4d048585160eac94250798993cc68cbf">LAND CRITERIA</Substitution>Articles 2(1), 22A and 46<Substitution ChangeId="key-4d048585160eac94250798993cc68cbf-1751367576904" CommentaryRef="key-4d048585160eac94250798993cc68cbf">Interpretation</Substitution>1 1 In this Schedule—“continuously forested area” means land of an area of more than one hectare which includes—trees more than 5 metres tall providing a tree canopy cover of more than 30%; ortrees collectively having the capacity to provide a tree canopy cover of more than 30% which—are more than 5 metres tall; orhave the capacity to grow to a height of more than 5 metres;“designated for nature protection purposes” means designated pursuant to the law of the United Kingdom or of any part of the United Kingdom or pursuant to the law of any country or territory outside the United Kingdom, for the purpose of protecting the natural environment;“environmental quality assurance scheme” means a voluntary scheme which establishes environmental or social standards in relation to the production of woody biomass;“greenhouse gas emissions from the use of fossil fuel” has the same meaning as in Schedule 1 (greenhouse gas emission criteria for bioliquid);“highly biodiverse grassland” is to be construed in accordance with Article 17(3)(c) of the Renewables Directive;“lightly forested area” means land of an area of more than one hectare which includes—trees more than 5 metres tall providing a tree canopy cover of between 10% and 30%; ortrees collectively having the capacity to provide a tree canopy cover of between 10% and 30% which—are more than 5 metres tall; orhave the capacity to grow to a height of more than 5 metres;“primary forest” means woodland of native species where there is no clearly visible indication of human activity and ecological processes are not significantly disturbed;“relevant percentage” has the same meaning as in Schedule 1 (greenhouse gas emission criteria for bioliquid);“relevant target” has the same meaning as in Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass);“wetland area” means land that is covered with or saturated by water—permanently; orfor a significant part of the year; and“woody biomass” means biomass which—is, or is derived from, wood (other than an energy crop);is not a bioliquid.2A reference in this Schedule to residue from agriculture, aquaculture, fisheries or forestry—ais a reference to residue directly generated by (as the case may be) agriculture, aquaculture, fisheries or forestry; andbdoes not include a reference to residue from related industries or residue from processing.<Substitution ChangeId="key-4d048585160eac94250798993cc68cbf-1751367576904" CommentaryRef="key-4d048585160eac94250798993cc68cbf">Land criteria: bioliquids</Substitution>2A consignment of bioliquid meets the land criteria if the biomaterial from which the fuel was made—awas not obtained from a protected source;bwas residue (other than residue from agriculture, aquaculture, fisheries or forestry); orcwas waste.<Substitution ChangeId="key-4d048585160eac94250798993cc68cbf-1751367576904" CommentaryRef="key-4d048585160eac94250798993cc68cbf">Land criteria: woody biomass</Substitution>3A consignment of woody biomass meets the land criteria if—aat least 70% of the woody biomass was obtained from a sustainable source;bthe woody biomass is used by the NIRO capacity of a generating station to generate electricity in a month in which at least 70% of all of the woody biomass used by the NIRO capacity of that generating station to generate electricity was obtained from a sustainable source; orcthe woody biomass was certified by an environmental quality assurance scheme which ensures that at least 70% of the woody biomass certified by the scheme was obtained from a sustainable source.<Substitution ChangeId="key-4d048585160eac94250798993cc68cbf-1751367576904" CommentaryRef="key-4d048585160eac94250798993cc68cbf">Land criteria: other fuels</Substitution>4A consignment of fuel (other than bioliquid or woody biomass) meets the land criteria if the biomaterial from which the fuel was made—awas not obtained from a protected source;bwas residue (other than residue from agriculture, aquaculture, fisheries or forestry);cwas an energy crop in respect of which financial assistance was paid under the Energy Crops Regulations 2000 or under an equivalent financial assistance scheme; ordwas added to the fuel for an exempt purpose.<Substitution ChangeId="key-4d048585160eac94250798993cc68cbf-1751367576904" CommentaryRef="key-4d048585160eac94250798993cc68cbf">Protected sources</Substitution>51For the purposes of paragraphs 2(a) and 4(a), biomaterial is obtained from a protected source if it is obtained from—aland which at any time during or after January 2008 was primary forest;bland which at any time during or after January 2008 was designated for nature protection purposes (unless the production of the biomaterial did not interfere with those nature protection purposes);chighly biodiverse grassland (unless the harvesting of the biomaterial was necessary to preserve the grassland status);dland which at any time during January 2008 was peatland (unless the cultivation and harvesting of the biomaterial did not involve the drainage of previously undrained soil);ea former continuously forested area;fexcept where sub-paragraph (2) or (4) applies to the biomaterial, a former lightly forested area; orga former wetland area.2This sub-paragraph applies to biomaterial obtained from a former lightly forested area where—athe fuel made from the biomaterial was not a bioliquid; andbthe greenhouse gas emissions from the use of the fuel to generate one mega joule of electricity did not exceed the relevant target.3For the purposes of sub-paragraph (2)(b), the greenhouse gas emissions must be calculated using the method provided for in Part 2 of Schedule A1A (actual value method for greenhouse gas emission criteria for solid and gaseous biomass).4This sub-paragraph applies to biomaterial obtained from a former lightly forested area where—athe fuel made from the biomaterial was a bioliquid; andbthe greenhouse gas emissions from the use of the bioliquid to generate electricity were lower, by at least the relevant percentage, than the greenhouse gas emissions from the use of fossil fuel.5For the purposes of sub-paragraph (4)(b), the percentage difference between the greenhouse gas emissions from the use of the bioliquid and the greenhouse gas emissions from the use of fossil fuel must be calculated using the method provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex 5 to the Renewables Directive.6For the purposes of this paragraph—abiomaterial was obtained from a former continuously forested area if the land—iwas a continuously forested area at any time during January 2008; andiiwas not a continuously forested area when the biomaterial was obtained from it;bbiomaterial was obtained from a former lightly forested area if the land—iwas a lightly forested area at any time during January 2008; andiiwas not a lightly forested area or a continuously forested area when the biomaterial was obtained from it; andcbiomaterial was obtained from a former wetland area if the land—iwas a wetland area at any time during January 2008; andiiwas not a wetland area when the biomaterial was obtained from it.<Substitution ChangeId="key-4d048585160eac94250798993cc68cbf-1751367576904" CommentaryRef="key-4d048585160eac94250798993cc68cbf">Sustainable source</Substitution>61For the purposes of paragraph 3, woody biomass is obtained from a sustainable source if it—awas grown within an area of forest or other land which is managed—iin a way which is consistent with—aathe Forest Europe Sustainable Forest Management Criteria; orbba set of international principles for the sustainable management of land which meets the requirements specified in sub-paragraph (2); andiito meet the requirements specified in sub-paragraph (4);cwas residue from arboriculture carried out in an area which was not a forest;dwas added to the fuel for an exempt purpose; orewas removed for the purpose of creating, restoring or maintaining the ecosystem of an area which was not a forest.2The requirements specified in this sub-paragraph are that—athe principles have been adopted following a process (“the principle setting process”) which sought to—iobtain a balanced representation of the views of interest groupings;iiensure that no single interest grouping could dominate the principle setting process; andiiiensure that no decision on the contents of the principles could be made in the absence of agreement from a majority within each interest grouping involved in the principle setting process; andbthe principles can be changed by a process (“the change process”) which seeks to ensure that—ino single interest grouping can dominate the process; andiino decision on changes to the principles can be made in the absence of agreement from a majority within each interest grouping involved in the change process.3For the purpose of sub-paragraph (2), each of the following is an interest grouping in relation to the forest or other location where the wood was grown—apersons with interest which are predominately economic in nature;bpersons with interests which are predominantly environmental in nature; andcpersons with interests which are predominantly social in nature.4The requirements specified in this sub-paragraph are—aharm to ecosystems is minimised, in particular by—iassessing the impacts of the extraction of wood from the area and adopting plans to minimise any negative impacts;iiprotecting soil, water and biodiversity;iiicontrolling the use of chemicals and ensuring that chemicals are used in an appropriate way;ivwherever possible, use integrated pest management; andvdisposing of waste in a manner that minimises any negative impacts;bthe productivity of the area is maintained, in particular by—iadopting plans to avoid significant negative impacts on productivity;iiadopting procedures for the extraction of wood that minimise the impact on other uses of the area;iiiproviding for all of the contractors and workers who are working in the area to be adequately trained in relation to the maintenance of productivity; andivmaintaining an adequate inventory of the trees in the area (including data on the growth of the trees and on the extraction of wood) so as to ensure that wood is extracted from the area at a rate which does not exceed its long-term capacity to produce wood;ccompliance with the requirements of head (b) is monitored, the results of that monitoring reviewed and planning updated accordingly;dthe health and vitality of ecosystems is maintained, in particular by—iadopting plans to maintain or increase the health and vitality of ecosystems;iiadopting plans to deal with natural processes or events such as fires, pests and diseases; andiiitaking adequate measures to protect the area from unauthorised activities such as illegal logging, mining and encroachment;ebiodiversity is maintained, in particular by—iimplementing safeguards to protect rare, threatened and endangered species;iiconserving key ecosystems in their natural state; andiiiprotecting features and species of outstanding or exceptional value;fthose responsible for the management of the area (and any contractors engaged by them) comply with the local and national laws relating to health and safety and the welfare of workers;gthose responsible for the management of the area have regard to—ilegal, customary and traditional rights of tenure and land use;iimechanisms for resolving grievances and disputes relating to tenure and land use rights, forest or land management practices and working conditions; andiiisafeguarding the health and safety and rights of workers;hthere is a regular assessment of the extent to which those responsible for the management of the area have met the requirements set out in heads (a) to (g).5In this paragraph—“the Forest Europe Sustainable Forest Management Criteria” means the criteria for sustainable forest management in Lisbon Resolution L2 of the third Ministerial Conference on the Protection of Forests in Europe held in June 1998;“integrated pest management” has the meaning given in Article 3(6) of Directive 2009/128/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides; and“local and national laws” in relation to a site means laws applying in the locality in which the site is situated, whether made at a local or national level.<Substitution ChangeId="key-4d048585160eac94250798993cc68cbf-1751367576904" CommentaryRef="key-4d048585160eac94250798993cc68cbf">Exempt purposes</Substitution>7For the purposes of paragraphs 4(d) and 6(1)(d), biomaterial is added to a fuel for an exempt purpose if—ait is added to the fuel—ito act as a binding agent; oriito reduce the emissions of dust, carbon dioxide, methane or nitrous oxide from the use of the fuel; andbit does not exceed 2% by weight of the fuel.SCHEDULE 1CALCULATION OF THE OBLIGATIONArticles 6, 7, 9 ... and 12
Obligation periodNumber of renewables obligation certificates per megawatt hour of electricity supplied in Great BritainNumber of renewables obligation certificates per megawatt hour of electricity supplied in Northern Ireland
1st April 2009 to 31st March 20100.0970.035
1st April 2010 to 31st March 20110.1040.040
1st April 2011 to 31st March 20120.1140.050
1st April 2012 to 31st March 20130.1240.063
1st April 2013 to 31st March 20140.1340.063
1st April 2014 to 31st March 20150.1440.063
1st April 2015 to 31st March 20160.1540.063
Each subsequent period of twelve months ending with the period of twelve months ending on 31st March 2037 0.1540.063
SCHEDULE 2ELECTRICITY TO BE STATED IN NIROCsArticles 25, 28, 29 and 31PART 1INTERPRETATION11In this Schedule— “2009/11 dedicated biomass generating station” means a generating station which has, in any month after March 2009 and before November 2011, generated electricity—only from biomass, andin respect of which NIROCs were issued for all or part of the electricity so generated during that month; “AD” means electricity generated from gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill; “advanced gasification/pyrolysis” means electricity generated from an advanced fuel which—in the case of a gaseous fuel, has a gross calorific value when measured at 25degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least 4megajoules per metre cubed, andin the case of a liquid fuel, has a gross calorific value when measured at 25degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least 10megajoules per kilogram; ............... “building mounted solar PV” means electricity generated from the direct conversion of sunlight into electricity by equipment not installed on the ground either—directly, oron a frame, plinth or other structure installed—on the ground, andwholly or mainly for the purpose of supporting that equipment,where the relevant generating station is not a qualifying existing solar photovoltaic station or a qualifying new solar photovoltaic station as defined in Article 27A; “closed landfill gas” means electricity generated—from landfill gas (other than electricity generated using the heat from a turbine or engine), andin a month in which the generating station generates electricity only from gas formed by the digestion of material in a landfill which has finally ceased to accept waste for disposal; “co-firing of regular bioliquid” means electricity generated from regular bioliquid burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources; “co-firing of regular bioliquid with CHP” means electricity generated from regular bioliquid burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month,the generating station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and regular bioliquid have been burned in separate combustion units; “dedicated biomass” means electricity generated from regular biomass by a generating station—which is not a relevant fossil fuel generating station, andin a month in which it generates electricity only from biomass; “dedicated biomass with CHP” means electricity generated from regular biomass by a qualifying combined heat and power generating station—which is not a relevant fossil fuel generating station, andin a month in which it generates electricity only from biomass; “dedicated energy crops” means electricity generated from energy crops by a generating station—which is not a relevant fossil fuel generating station, andin a month in which the generating station generates electricity only from energy crops or only from biomass; “electricity generated from landfill gas” means electricity generated from gas formed by the digestion of material in a landfill;“electricity generated from sewage gas” means electricity generated from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed);“energy from waste with CHP” means electricity generated from the combustion of waste (other than an advanced fuel or a fuel produced by means of anaerobic digestion...) in a qualifying combined heat and power generating station in a month in which the station generates electricity only from renewable sources and those renewable sources include waste which is not biomass;“geopressure” means electricity generated using naturally occurring subterranean pressure;“geothermal” means electricity generated using naturally occurring subterranean heat; “ground mounted solar PV” means electricity generated from the direct conversion of sunlight into electricity by equipment installed on the ground either—directly, oron a frame, plinth or other structure installed—on the ground, andwholly or mainly for the purpose of supporting that equipment,where the relevant generating station is not a qualifying existing solar photovoltaic station or a qualifying new solar photovoltaic station as defined in Article 27A; “high-range co-firing” means electricity generated from energy crops or regular solid or gaseous biomass burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 85% but is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources; “high-range co-firing with CHP” means—electricity generated from regular solid or gaseous biomass burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 85% but is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month,the generating station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and regular solid or gaseous biomass have been burned in separate combustion units;electricity generated from energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 85% but is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month,the generating station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and energy crops have been burned in separate combustion units; “hydroelectric” means electricity generated by a hydro generating station; “landfill gas heat recovery” means electricity generated using the heat from a turbine or engine, where that turbine or engine is generating electricity from landfill gas; “low-range co-firing” means electricity generated from energy crops or regular solid or gaseous biomass burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources; “low-range co-firing with CHP” means—electricity generated from regular solid or gaseous biomass burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month,the generating station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and regular solid or gaseous biomass have been burned in separate combustion units;electricity generated from energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month,the generating station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and energy crops have been burned in separate combustion units; “mid-range co-firing” means electricity generated from energy crops or regular solid or gaseous biomass burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 50% but is less than 85% of the energy content of all of the energy sources burned in that combustion unit during that month, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources; “mid-range co-firing with CHP” means—electricity generated from regular solid or gaseous biomass burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 50% but is less than 85% of the energy content of all of the energy sources burned in that combustion unit during that month,the generating station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and regular solid or gaseous biomass have been burned in separate combustion units;electricity generated from energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 50% but is less than 85% of the energy content of all of the energy sources burned in that combustion unit during that month,the generating station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and energy crops have been burned in separate combustion units; “offshore wind” means electricity generated from wind by a generating station that is offshore, and a generating station is offshore if—its turbines are situated wholly in offshore waters, andit is not connected to dry land by means of a permanent structure which provides access to land above the mean low water mark;“onshore wind” means electricity generated from wind by a generating station that is not offshore; “qualifying existing solar photovoltaic station” has the meaning given to that term under Article 29A(1); “qualifying new solar photovoltaic station” has the meaning given to that term under Article 27(3); “regular bioliquid” means bioliquid other than—advanced fuel,fuel produced by means of anaerobic digestion,energy crops; “regular solid or gaseous biomass” means regular biomass other than bioliquid; “relevant fossil fuel CHP generating station” means a relevant fossil fuel generating station which is a qualifying combined heat and power generating station; “relevant fossil fuel generating station” means—a generating station—which is not a 2009/11 dedicated biomass generating station, andwhich has, in any 6month period since it was first commissioned, generated electricity from fossil fuel, where the energy content of the fossil fuel was more than 15% of the energy content of all of the energy sources used by the station to generate electricity during that 6 month period, ora generating station—which is a 2009/11 dedicated biomass generating station, andwhich has, in any 6month period since 1stNovember 2011, generated electricity from fossil fuel, where the energy content of the fossil fuel was more than 15% of the energy content of all of the energy sources used by the station to generate electricity during that 6 month period; “solar photovoltaic” means electricity generated from the direct conversion of sunlight into electricity; “standard gasification/pyrolysis” means electricity generated from an advanced fuel which—in the case of a gaseous fuel, has a gross calorific value when measured at 25degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least 2megajoules per metre cubed but is less than 4megajoules per metre cubed, andin the case of a liquid fuel, has a gross calorific value when measured at 25degrees Celsius and 0.1 megapascals at the inlet to the generating station which is less than 10megajoules per kilogram; ... “station conversion” means electricity generated—from regular biomass or from energy crops,by a relevant fossil fuel generating station, andin a month in which the station generates electricity only from biomass or only from energy crops; “station conversion with CHP” means electricity generated—from regular biomass or from energy crops,by a relevant fossil fuel CHP generating station, andin a month in which the station generates electricity only from biomass or only from energy crops; “tidal impoundment – tidal barrage” means electricity generated by a generating station driven by the release of water impounded behind a barrier using the difference in tidal levels where the barrier is connected to both banks of a river and the generating station has a declared net capacity of less than 1 gigawatt;“tidal impoundment – tidal lagoon” means electricity generated by a generating station driven by the release of water impounded behind a barrier using the difference in tidal levels where the barrier is not a tidal barrage and the generating station has a declared net capacity of less than 1 gigawatt;“tidal stream” means electricity generated from the capture of the energy created from the motion of naturally occurring tidal currents in water. “unit conversion” means electricity generated from regular biomass or energy crops burned in a combustion unit in a month in which—that combustion unit burns only biomass or burns only energy crops, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources; “unit conversion with CHP” means electricity generated from regular biomass or energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—that combustion unit burns only biomass or burns only energy crops, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources; “wave” means electricity generated from the capture of energy created from the motion of naturally occurring waves on water.2For the purposes of this Schedule—afossil fuel does not include waste which is a renewable source;...bin determining how electricity has been generated, no account is to be taken of any fossil fuel or waste which a generating station uses for permitted ancillary purposes.cin determining the energy content of the energy sources used by a generating station to generate electricity, no account is to be taken of any fossil fuel or waste which the station uses for permitted ancillary purposes; anddin determining the energy content of the energy sources burned in a combustion unit, no account is to be taken of any fossil fuel or waste which is used—iin that combustion unit for a purpose listed in Article 21(3)(a), andiiin a month in which the energy content of the fossil fuel or waste used in that combustion unit for a purpose listed in Article 21(3)(a) (or, where both fossil fuel and waste are so used during a month, their combined energy content) does not exceed 10% of the energy content of all of the energy sources burned in that combustion unit during that month.PART2<Substitution ChangeId="key-c8b62e1547f13394eda83714e62c3108-1749542562333" CommentaryRef="key-c8b62e1547f13394eda83714e62c3108">AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY</Substitution>Articles 25(4) and (9) and 31(3)Generation typeAmount of electricity (in megawatt hours) to be stated in a NIROC issued for electricity generated using pre-2013 capacityAD12Advanced gasification/pyrolysis12Co-firing of regular bioliquid2Dedicated biomass23Dedicated energy crops12Electricity generated from landfill gas1Electricity generated from sewage gas2Energy from waste with CHP1Geopressure1Geothermal12High-range co-firing109Hydroelectric1Low-range co-firing2Mid-range co-firing53Offshore wind12Onshore wind1Solar photovoltaic12Standard gasification/pyrolysis1Station conversion1Tidal impoundment – tidal barrage12Tidal impoundment – tidal lagoon12Tidal stream12Unit conversion1Wave12PART2A<Addition ChangeId="key-24eea2f1bd220a3b02990359e2f4dedb-1749545887080" CommentaryRef="key-24eea2f1bd220a3b02990359e2f4dedb">AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING 2013/14 CAPACITY AND 2014/15 CAPACITY</Addition>Articles 25(5), (6) and (10)Generation typeAmount of electricity (in megawatt hours) to be stated in a NIROC issued for electricity generated using—2013/14 capacity2014/15 capacityAD1212Advanced gasification/pyrolysis1212Building mounted solar PV101758Co-firing of regular bioliquid22Dedicated biomass2323Dedicated energy crops1212Electricity generated from landfill gas11Electricity generated from sewage gas22Energy from waste with CHP11Geopressure11Geothermal1212Ground mounted solar PV5858High-range co-firing109109Hydroelectric107107Low-range co-firing22Mid-range co-firing5353Offshore wind1212Onshore wind109109Standard gasification/pyrolysis1212Station conversion11Tidal impoundment – tidal barrage1212Tidal impoundment – tidal lagoon1212Tidal stream1212Unit conversion11Wave1212PART2B<Addition ChangeId="key-24eea2f1bd220a3b02990359e2f4dedb-1749545887080" CommentaryRef="key-24eea2f1bd220a3b02990359e2f4dedb">AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY OR POST-2016 CAPACITY</Addition>Articles 35(5), (6) and (10) and 31(3)Generation typeAmount of electricity (in megawatt hours) to be stated in a NIROC issued for electricity generated using—2015/16 capacityPost-2016 capacityAD101959Advanced gasification/pyrolysis101959Building mounted solar PV2357Closed landfill gas55Co-firing of regular bioliquid22Dedicated biomass2357Dedicated energy crops101959Electricity generated from sewage gas22Energy from waste with CHP11Geopressure11Geothermal101959Ground mounted solar PV2356High-range co-firing109109Hydroelectric107107Landfill gas heat recovery1010Low-range co-firing22Mid-range co-firing5353Offshore wind101959Onshore wind109109Standard gasification/pyrolysis101959Station conversion11Tidal impoundment – tidal barrage101959Tidal impoundment – tidal lagoon101959Tidal stream1212Unit conversion11Wave1212PART2C<Addition ChangeId="key-24eea2f1bd220a3b02990359e2f4dedb-1749545887080" CommentaryRef="key-24eea2f1bd220a3b02990359e2f4dedb">AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY OR 2013/15 CAPACITY WHERE ARTICLE 26(3) OR (4) APPLIES</Addition>Article 26(3) and (4)Generation typeAmount of electricity (in megawatt hours) to be stated in a NIROC issued in respect of the qualifying proportion of electricity generated using pre-2013 capacity or 2013/15 capacityAmount of electricity (in megawatt hours) to be stated in a NIROC issued in respect of the remainder of the electricity generated using pre-2013 capacity or 2013/15 capacityCo-firing of regular bioliquid with CHP12Dedicated biomass with CHP1223High-range co-firing with CHP57109Low-range co-firing with CHP12Mid-range co-firing with CHP101153Station conversion with CHP231Unit conversion with CHP231PART2D<Addition ChangeId="key-24eea2f1bd220a3b02990359e2f4dedb-1749545887080" CommentaryRef="key-24eea2f1bd220a3b02990359e2f4dedb">AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 26(5) OR (6)APPLIES</Addition>Article 26(5) and (6)Generation typeAmount of electricity (in megawatt hours) to be stated in a NIROC issued in respect of the qualifying proportion of electricity generated using 2015/16 capacityAmount of electricity (in megawatt hours) to be stated in a NIROC issued in respect of the remainder of the electricity generated using 2015/16 capacityCo-firing of regular bioliquid with CHP12Dedicated biomass with CHP101923High-range co-firing with CHP57109Low-range co-firing with CHP12Mid-range co-firing with CHP101153Station conversion with CHP231Unit conversion with CHP231PART2E<Addition ChangeId="key-24eea2f1bd220a3b02990359e2f4dedb-1749545887080" CommentaryRef="key-24eea2f1bd220a3b02990359e2f4dedb">AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 26(7) APPLIES</Addition>Article 26(7)Generation typeAmount of electricity (in megawatt hours) to be stated in a NIROC issued in respect of the qualifying proportion of electricity generated using post-2016 capacityAmount of electricity (in megawatt hours) to be stated in a NIROC issued in respect of the remainder of the electricity generated using post-2016 capacityCo-firing of regular bioliquid with CHP12Dedicated biomass with CHP5957High-range co-firing with CHP57109Low-range co-firing with CHP12Mid-range co-firing with CHP101153Station conversion with CHP231Unit conversion with CHP231PART 3<Substitution ChangeId="key-fdc9e36c0e55a37ba78a9477183b321f-1676368543076" CommentaryRef="key-fdc9e36c0e55a37ba78a9477183b321f">AMOUNT OF ELECTRICITY TO BE STATED IN </Substitution><Substitution ChangeId="key-fdc9e36c0e55a37ba78a9477183b321f-1676368543076" CommentaryRef="key-fdc9e36c0e55a37ba78a9477183b321f">NIROC</Substitution><Substitution ChangeId="key-fdc9e36c0e55a37ba78a9477183b321f-1676368543076" CommentaryRef="key-fdc9e36c0e55a37ba78a9477183b321f">S WHERE ARTICLE 28(3) APPLIES</Substitution>Article 28(3)Generation typeAmount of electricity to be stated in a NIROCElectricity generated from sewage gasOffshore windWaveSolar photovoltaic1 megawatt hourPART 4<Substitution ChangeId="key-fdc9e36c0e55a37ba78a9477183b321f-1676368543076" CommentaryRef="key-fdc9e36c0e55a37ba78a9477183b321f">AMOUNT OF ELECTRICITY TO BE STATED IN </Substitution><Substitution ChangeId="key-fdc9e36c0e55a37ba78a9477183b321f-1676368543076" CommentaryRef="key-fdc9e36c0e55a37ba78a9477183b321f">NIROC</Substitution><Substitution ChangeId="key-fdc9e36c0e55a37ba78a9477183b321f-1676368543076" CommentaryRef="key-fdc9e36c0e55a37ba78a9477183b321f">S WHERE ARTICLE 28(5) OR ARTICLE 29(4) APPLIES</Substitution>Article 28(5) and (6) and 29 Generation typeAmount of electricity to be stated in a NIROCElectricity generated from sewage gas1 megawatt hourSCHEDULE 3The NIROC RegisterArticle 511The Authority must maintain the Register referred to in Article 51 (which may be in electronic form) at one or more of its premises.2The Register must identify whether or not a NIROC subsists and details of its particulars.3Particulars of a NIROC comprise—athe name of the person to whom the Authority issues the NIROC or, where the Authority has amended the Register in dealing with a request for substitution in accordance with paragraph 7, the name of the substitute (“the registered holder”); andban identifier unique to the NIROC (“the NIROC identifier”) determined by the Authority and containing the following information (or reference to that information in coded format)—ithe month and year during which the electricity was generated;iithe location of the generating station or, where the NIROC certifies the matters within Article 54(4) or (6) of the Energy Order, the location of the agent to whom, by virtue of Article 33, the NIROC was issued;iiia description of that generating station or, where the NIROC certifies the matters within Article 54(4) or (6) of the Energy Order, the generating stations to which the NIROC relates, including reference to the renewable source or sources used by it or them to generate electricity;ivthe date of issue of the NIROC; andvthe number given to the NIROC by the Authority4A person may only be the registered holder of a NIROC or have an entry made and maintained in respect of them under Article 51(3)(b) if they provide to the Authority in writing—aevidence of their identity; andbwhere persons are authorised to act on their behalf in respect of the production of NIROCs under Article 5(2) or in respect of requests for amendments to be made to the Register as provided for in this Schedule, details of those persons.5The Authority may from time to time draw up procedural guidelines for itself and others to assist it in maintaining the Register and carrying out its functions in respect thereof.6The Authority must delete from the Register—aany NIROC which has been revoked by it;bany NIROC which has been produced to it under Article 5(2);cany NIROC which is no longer eligible to be produced to it under Article 5(2);dany NIROC which it is asked to delete from the Register by the registered holder of the NIROC; oreany NIROC which has been according to the Great Britain authority produced to the Great Britain authority by a Great Britain designated supplier under a GBRO Order;and where it is so deleted, it cannot thereafter be produced as the evidence or part of the evidence required under Article 5(2).7Where the registered holder of a NIROC and a person whom the holder wishes to be the registered holder of it require the Register be amended, by substituting for the name of the registered holder the name of the other person (“the substitute”), (who must be a person whose name is included on the list referred to in Article 51(3)(b)—athe registered holder and the substitute must each submit to the Authority in writing requests which are identical in all material respects; andbwhere the requirements of sub-paragraph (a) are met, the Authority must, within 5 banking days after the banking day on which (at the commencement of its working hours) it is first in possession of the requests, amend the particulars of the NIROC recorded in the Register to show the substitute as the registered holder.8Where the Authority receives requests under paragraph 7(a) it must inform both the registered holder of the NIROC and the substitute that the requests have been received and, in the event that the requests are not identical in all material respects, must draw this to their attention.9Where—aa NIROC is issued under this Order, orba substitute is recorded as the registered holder of a NIROC pursuant to paragraph 7,the Authority must notify the registered holder, or as the case may be, the former and new registered holder of that fact in writing within 5 banking days of the issue or substitution having taken place.10The substitute cannot be the registered holder of a NIROC until such time as the particulars of the NIROC recorded in the Register identify the substitute as such.11The Register may be amended by a decision of the Authority—iwhere the Authority is satisfied that an entry in the Register has been obtained by fraud;iiwhere a decision of a Court of competent jurisdiction or the operation of law requires the amendment of the Register;iiiwhere the Authority is satisfied that, for some other reason, it is necessary to amend the Register (for example, because an entry in it is incorrect).12The contents of the Register (including the entries referred to in Article 51(3)(b)) must be available for inspection by the public on request at reasonable notice during the Authority’s working hours and at the request of any person the Authority must provide a written statement of any entry on the Register including any entry referred to in Article 51(3)(b).13Where any person considers that an entry maintained in respect of them under Article 51(3)(b) should be amended or deleted, they may apply to the Authority in writing requesting that the entry be amended or deleted.14The Authority must in any procedural guidelines which it produces provide details of its usual working hours.15“Banking day” means a day on which banks are generally open in the City of London excluding Saturdays or Sundays.SCHEDULE 3A<Repeal ChangeId="key-edc629613761367643be321ba488d75f-1751366323846" CommentaryRef="key-edc629613761367643be321ba488d75f" RetainText="true">ACTUAL VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS</Repeal>Article 461The greenhouse gas emissions from the use of biomass are equal to—awhere the biomass is used by a combined heat and power generating station, Eηel(ηelηel+Ch×ηh);bin any other case, Eηel.2In this Schedule—a ηel is equal to AF where—iA is the total amount of electricity generated by the generating station during the obligation period; andiiF is the energy content of all of the fuels used in generating that electricity during the obligation period;b ηh is equal to HFwhere—iF has the same meaning as in sub-paragraph (a)(ii); andiiH is the energy content of all of the heat supplied to any premises by the generating station during the obligation period;c Ch is equal to—iwhere T is less than 423 kelvin, 0.3546;iiin any other case, T−273T;dE is the greenhouse gas emissions from the production of the biomass and is to be calculated in accordance with Part C of Annex 5 of the Renewables Directive but as if the following modifications were made to Part C of that Annex—iin paragraph 1—aafor “and use of transport fuels, biofuels and bioliquids” there was substituted “of biomass”;bbfor “E = total emissions from the use of the fuel” there was substituted “E = greenhouse gas emissions from the production of the biomass”;ccfor “eu = emissions from the fuel in use” there was substituted “eu = zero”;iiin paragraph 2, for the references to “fuels” and “fuel” there was substituted in each case “biomass”;iiiparagraphs 3 and 4 were omittedivin paragraph 7—aafor each reference to “biofuel” there was substituted “biomass”;bbthe words “or bioliquid” were omitted in each place in which those words occur;vin paragraph 11, for “fuel” there was substituted “biomass”;viparagraph 13 was omitted;viiparagraph 14, for “fuel” there was substituted “biomass”;viiifor paragraphs 16 there was substituted—16Emission saving from excess electricity from cogeneration shall be taken to be zero..ixin paragraph 17, for each reference to “fuel” there was substituted “biomass”;xin paragraph 18—aafor “fuel” there was substituted “biomass”;bbthe words “In the case of biofuels and bioliquids” were omitted;ccbefore “and residues from processing” there was inserted “residues from forestry, arboriculture, aquaculture and fisheries”;ddfor “fuels” there was substituted “biomass”; andxifor paragraph 19 there was substituted—19Where material is added to the biomass to act as a binding agent or to reduce the emissions of dust, carbon dioxide, methane or nitrous oxide from the use of the biomass, the material so added shall be considered to have zero life-cycle greenhouse gas emissions, provided that the material so added does not exceed 2% by weight of the biomass.eT is the maximum temperature in degrees kelvin of heat or steam which is (or may be) supplied by the generating station to any premises.SCHEDULE 3B<Repeal ChangeId="key-b477d5537c3f0105768fbfb7d0a81848-1751366549290" CommentaryRef="key-b477d5537c3f0105768fbfb7d0a81848" RetainText="true">DEFAULT VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS</Repeal>Article 46PART 1<Repeal ChangeId="key-b477d5537c3f0105768fbfb7d0a81848-1751366549290" CommentaryRef="key-b477d5537c3f0105768fbfb7d0a81848" RetainText="true">METHOD FOR CALCULATING EMISSIONS</Repeal>1The greenhouse gas emissions from the use of biomass are equal to—awhere the biomass is used by a combined heat and power generating station, Eηel(ηelηel+Ch×ηh);bin any other case, Eηel.2In this Schedule—a ηel, ηh, Ch and T have the same meaning as in Schedule 3A; andbE, in relation to a type of biomass described in the first column of the table in Part 2, is the number of grams which corresponds to that description in the second column of that table.PART 2<Repeal ChangeId="key-b477d5537c3f0105768fbfb7d0a81848-1751366549290" CommentaryRef="key-b477d5537c3f0105768fbfb7d0a81848" RetainText="true">DEFAULT GREENHOUSE GAS EMISSIONS FROM THE PRODUCTION OF BIOMASS</Repeal>BiomassDefault greenhouse gas emissions from the production of biomass (in grams)Wood chips made from residue from forestry carried out in European temperate continental forest.1Wood chips made from residue from forestry carried out in tropical or subtropical forest.25Wood chips from short rotation forestry carried out in European temperate continental forest.4Wood chips from short rotation forestry carried out in tropical or sub-tropical forest.28Wood briquettes or wood pellets—which are made from residue from forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by wood.2Wood briquettes or wood pellets—which are made from residue from forestry carried out in tropical or subtropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gas.20Wood briquettes or wood pellets—which are made from residue from forestry carried out in tropical or subtropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by wood.17Wood briquettes or wood pellets—which are made from residue from forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gas.35Wood briquettes or wood pellets—which are made from short rotation forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by wood.4Wood briquettes or wood pellets—which are made from short rotation forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gas.22Wood briquettes or wood pellets—which are made from short rotation forestry carried out in tropical or sub-tropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by wood.22Wood briquettes or wood pellets—which are made from short rotation forestry carried out in tropical or sub-tropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gas.40Charcoal made from residue from forestry carried out in European temperate continental forest.41Charcoal made from residue from forestry carried out in tropical or sub-tropical forest.50Charcoal made from short rotation forestry carried out in European temperate continental forest.46Charcoal made from short rotation forestry carried out in tropical or sub-tropical forest.57Wheat straw2Bagasse briquettes where the process to produce the bagasse briquettes was fuelled by wood.17Bagasse briquettes where the process to produce the bagasse briquettes was fuelled by natural gas.35Bagasse bales20Palm kernel27Rice husk briquettes28Miscanthus bales7Biogas produced from wet manure.8Biogas produced from dry manure.7Biogas produced from wheat, where the whole plant was used to produce the biogas.21Biogas produced from straw.21Biogas produced from maize, where—the whole maize plant was used in the process to produce the biogas; andthe maize was not grown by organic farming methods.34Biogas produced from maize, where—the whole maize plant was used in the process to produce the biogas; andthe maize was grown by organic farming methods.19EXPLANATORY NOTE(This note is not part of the Order)

This Order imposes an obligation (“the renewables obligation”) on all electricity suppliers, licensed under the Electricity Order (Northern Ireland) 1992 (“the Electricity Order”) who supply electricity in Northern Ireland, to produce a certain number of renewables obligation certificates in respect of each megawatt hour of electricity that each supplies to customers in Northern Ireland during a specified period known as an obligation period (Article 5). It also “bands” the different technologies that are used to generate electricity from renewable sources, meaning that the number of certificates that will be issued in respect of that electricity depends on the way in which that electricity has been generated. The Order provides for the renewables obligation to be administered by the Northern Ireland Authority for Utility Regulation(“the Authority”) who are responsible for issuing renewables obligation certificates (NIROCs) to renewable electricity generators on their renewable output. These certificates are sold to electricity suppliers with or without the associated renewable electricity.

Alternatively, instead of producing the required number of certificates in respect of all or part of their renewables obligation, a supplier is permitted to make a payment to the Authority (articles 40-41).

Part 1 sets out the interpretation provisions for the Order, and defines biomass and waste. In particular, Article 3 specifies, as provided for in Article 55F of the Energy (Northern Ireland) Order 2003 (“the Energy Order”), that waste constitutes a renewable source if not more than 90% of it is, or is derived from, fossil fuel. It also sets out how the proportion of waste which is, or is derived from, fossil fuel is to be determined and includes specific provisions relating to municipal waste.

Article 4 defines biomass and also sets out the circumstances in which a fuel (not being biomass), may be treated as biomass by virtue of being used in a generating station with biomass. It also provides how the proportion of biomass which is composed of fossil fuel is to be determined.

Part 2 sets out how the renewables obligation is calculated and what a supplier needs to do to meet their obligation. In particular, Articles 6 to 10 set out the calculations that the Department and the Secretary of State for Energy in the UK must undertake before the start of each obligation period (apart from the 2009/10 obligation period) to determine the total UK renewables obligation for that period.

Article 11 sets out the circumstances where each calculation is to be used to determine the total obligation for electricity suppliers in Northern Ireland.

Article 12 determines the number of renewables obligation certificates to be produced by individual electricity suppliers to discharge their renewables obligation. Paragraph (4) of this Article requires the Department to publish by the 1st October preceding an obligation period the number of renewables obligation certificates that a supplier will be required to produce in respect of each megawatt hour of electricity that he supplies to customers in Northern Ireland.

Article 13 provides for an electricity supplier to discharge his renewables obligation by the production to the Authority of a renewables obligation certificate issued in Great Britain. This Article also sets out the co-firing cap i.e. licensed suppliers are not able to meet more than a specified proportion of their obligation by presenting renewables obligation certificates issued in respect of electricity generated by a generating station fuelled or driven partly by renewable sources and partly by fossil fuel.

In Part 3, Article 15 sets out those conditions that need to be met for electricity to be regarded as having been supplied to customers in Northern Ireland for the purposes of Article 54(3) and (4) of the Energy Order. Article 16 sets out when electricity is to be regarded as being used in a permitted way for the purposes of Article 54(5) and (6) of the Energy Order.

In Part 4, Articles 17 to 21 set out circumstances in which NIROCs are not to be issued.

In Part 5, Articles 22 and 23 set out how the number of NIROCs relating to a generating station’s renewable output is to be calculated. Article 24 makes specific modifications for qualifying combined heat and power generating stations.

In Part 6, Articles 25 to 29 are the “banding provisions”, which govern the amount of electricity in respect of which each NIROC is to be issued. Article 25 contains the general rule, which is that the amount of electricity in respect of which a NIROC is to be issued depends upon the way in which the electricity was generated, and is set out in Part 2 of Schedule 2. There are special provisions governing NIROCs issued to qualifying combined heat and power generating stations (Article 26), microgenerators (Article 27), generating stations which were accredited as at 11th July 2006 (Article 28), and generating stations which were accredited or held preliminary accreditation as at 31st March 2009 (Article 29).

Article 30 sets out conditions which must be satisfied before the “banding provisions” apply to certain generating stations in respect of which a statutory grant has been awarded. Article 31 provides for the Department to review the banding provisions at four yearly intervals, with the first review commencing in October 2010. A review may also occur at any other time if any of the circumstances set out in Article 31(3) arise.

In Part 7, Articles 32 to 36 provide for the issue of NIROCs – that is to say, renewables obligation certificates issued under this Order – by the Authority. Article 37 provides for the revocation of NIROCs in certain circumstances. Article 38 makes provision for the issue of NIROCs in respect of electricity generated under contracts under the Non-Fossil Fuel Obligations (NFFO).

Where suppliers discharge their renewables obligation (in whole or in part) by making payments to the Authority, the payments are held in the buyout and late payment funds. Part 8 sets out how the buyout and late payment funds are to be handled. Articles 42 and 43 require the Authority to make payments from those funds into the consolidated fund and to the Great Britain authority to pay for the costs of administering the renewables obligation. Once these payments have been made, the remainder of the money in the funds is paid to UK suppliers, who have discharged their renewables obligation (in whole or in part) by presenting renewables obligation certificates, in accordance with Article 44. The exception to this occurs where £50,000 or less is all that is held in the late payment fund, in which case that amount will be retained by the Authority and will be paid out in the following obligation period (Article 43).

Part 9 makes provision concerning information which is to be provided to the Authority (Articles 45 and 46), which is to be provided to the Department (Article 47), and which is to be exchanged with the Great Britain authority (Article 48). It also sets out functions to be discharged by the Authority, in addition to those it is required to discharge in order to administer the renewables obligation (Article 49).

Article 50 provides for the preliminary accreditation and accreditation of generating stations. In order to be eligible to claim NIROCs in respect of electricity generated from eligible renewable sources, a generating station must have obtained accreditation from the Authority.

Article 52 modifies the provisions of specific Articles in this Order to enable a microgenerator to be able to claim NIROCs on an annual rather than a monthly basis.

Article 53 revokes the Renewables Obligation Order (NI) 2007 (“the 2006 Order”) and the Renewables Obligation (Amendment)Order (NI) 2007. The provisions of the 2007 Order are saved in respect of all outstanding obligations or requirements imposed by it.

A regulatory impact assessment is available from Sustainable Energy Branch, Department of Enterprise, Trade and Investment, Netherleigh, Massey Avenue, Belfast, BT4 2JP.

The 2007 Order revoked and re-enacted the Renewables Obligation Order (NI) 2006 (S.R. 2006 No.56) (“the 2006 Order”). The 2006 Order revoked and re-enacted the Renewables Obligation Order (Northern Ireland) 2005 (“the 2005 Order) which gave effect to Article 3.1 of the European Directive on the promotion of electricity produced from renewable energy sources in the internal market (Directive 2001/77/EC) O.J. No. L283/33 27.10.2001. A transposition note setting out how the main elements of this Directive have been transposed into United Kingdom law is available from the Renewables Financial Incentives Team, Department of Energy and Climate Change 1 Victoria Street, London, SW1H 0ET. This Order does not raise any new transposition issues. Copies have been placed in the libraries of both Houses of Parliament, Westminster.

S.I. 2003/419 (N.I.6); Article 52 to 55F were substituted for Articles 52 to 55 by S.R. 2009 No.35S.R. 2007 No. 104 as amended by S.R. 2007 No.440.ISBN 0580485350. Copies can be obtained from the British Standards Institution: www.bsi-global.com/en/ISBN 058049554X. Copies can be obtained from the British Standards Institution: www.bsi-global.com/en/ISBN 9780580576546. Copies can be obtained from the British Standards Institution www.bsi-global.com/en/1989 c.29ISBN 0580194825. Copies can be obtained from the British Standards Institute; www.bsi-global.com/en/OJL 182, 16.7 1999, p.1S.R. 1994 No. 132S.R. 1996 No. 407S.I. 1992/231 (N.I. 1).The definition of ‘supply’ in Section 4(4) of the Electricity Act was substituted by Section 28(1) and 3(b) of the Utilities Act 2000 (c). 27.2003 c.33. See sections 21 and 24 of that Act.SI 2009 No. 785S.I. 1991 No. 1220 (N.I.11)S.R. 2007 No. 104S.R. 2007 No. 440
Art. 28 in operation at 1.4.2009, see art. 1Art. 10 omitted (1.4.2010) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 5Sch. 3 para. 9 in operation at 1.4.2009, see art. 1Art. 4 in operation at 1.4.2009, see art. 1Word in Art. 37(2) substituted (1.4.2010) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 11(2)Art. 3 in operation at 1.4.2009, see art. 1Art. 5 in operation at 1.4.2009, see art. 1Art. 19 in operation at 1.4.2009, see art. 1Art. 41(6A) inserted (1.4.2010) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 13Art. 17 in operation at 1.4.2009, see art. 1Art. 29 in operation at 1.4.2009, see art. 1Art. 12 in operation at 1.4.2009, see art. 1Words in art. 2(2) inserted (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), arts. 1(1), 3(4) (with art. 18)Sch. 3 para. 12 in operation at 1.4.2009, see art. 1Art. 35 in operation at 1.4.2009, see art. 1Art. 2(4) substituted (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), arts. 1(1), 3(5) (with art. 18)Words in art. 2(1) inserted (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), arts. 1(1), 3(2) (with art. 18)Art. 37 in operation at 1.4.2009, see art. 1Art. 43 in operation at 1.4.2009, see art. 1Sch. 3 para. 6 in operation at 1.4.2009, see art. 1Art. 18A inserted (1.4.2010) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 8Art. 22 in operation at 1.4.2009, see art. 1Sch. 3 para. 5 in operation at 1.4.2009, see art. 1Sch. 1 in operation at 1.4.2009, see art. 1Art. 49 in operation at 1.4.2009, see art. 1Art. 47 in operation at 1.4.2009, see art. 1Sch. 3 para. 7 in operation at 1.4.2009, see art. 1Art. 37A inserted (1.4.2010) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 12Art. 53 in operation at 1.4.2009, see art. 1Art. 14 in operation at 1.4.2009, see art. 1Word in art. 53(3)(a) substituted (1.4.2010) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 15Word in Sch. 2 Pt. 4 shoulder note substituted (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), arts. 1(1), 16 (with art. 18)Art. 24 in operation at 1.4.2009, see art. 1Words in art. 37(4)(a) inserted (1.4.2010) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 11(3)Art. 23 in operation at 1.4.2009, see art. 1Art. 42 in operation at 1.4.2009, see art. 1Sch. 3 para. 2 in operation at 1.4.2009, see art. 1Arts. 27-27D substituted for arts. 27-27B (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), arts. 1(1), 10 (with art. 18)Art. 21 in operation at 1.4.2009, see art. 1Art. 37(7) inserted (1.4.2010) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 11(4)Art. 48 in operation at 1.4.2009, see art. 1Art. 15 in operation at 1.4.2009, see art. 1Sch. 3 para. 10 in operation at 1.4.2009, see art. 1Art. 4A inserted (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), arts. 1(1), 6 (with art. 18)Sch. 3 para. 1 in operation at 1.4.2009, see art. 1Sch. 3 para. 13 in operation at 1.4.2009, see art. 1Arts. 29A, 29B inserted (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), arts. 1(1), 11 (with art. 18)Sch. 3 para. 8 in operation at 1.4.2009, see art. 1Sch. 3 para. 3 in operation at 1.4.2009, see art. 1Art. 25 in operation at 1.4.2009, see art. 1Art. 9 in operation at 1.4.2009, see art. 1Schs. A1, A2 inserted (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), art. 1(1), Sch. 1 (with art. 18)Art. 50 in operation at 1.4.2009, see art. 1Art. 40 in operation at 1.4.2009, see art. 1Words in art. 4(4) inserted (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), arts. 1(1), 5 (with art. 18)Sch. 3 para. 4 in operation at 1.4.2009, see art. 1Art. 51 in operation at 1.4.2009, see art. 1Art. 6 in operation at 1.4.2009, see art. 1Art. 52 in operation at 1.4.2009, see art. 1Art. 45 in operation at 1.4.2009, see art. 1Art. 11(4) omitted (1.4.2010) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 6(5)Art. 9(1) substituted (1.4.2010) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 4Art. 11 in operation at 1.4.2009, see art. 1Words in Art. 11(1) substituted (1.4.2010) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 6(2)Art. 1 in operation at 1.4.2009, see art. 1Art. 13 in operation at 1.4.2009, see art. 1Art. 36 in operation at 1.4.2009, see art. 1Art. 34 in operation at 1.4.2009, see art. 1Words in art. 5(3) substituted(1.4.2010) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 3Art. 44 in operation at 1.4.2009, see art. 1Art. 11(6) omitted (1.4.2010) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 6(6)Arts. 22A, 22B inserted (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), arts. 1(1), 9 (with art. 18)Art. 2 in operation at 1.4.2009, see art. 1Art. 31 in operation at 1.4.2009, see art. 1Words in art. 2(1) substituted (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), arts. 1(1), 3(3) (with art. 18)Art. 32 in operation at 1.4.2009, see art. 1Art. 33 in operation at 1.4.2009, see art. 1Art. 7 in operation at 1.4.2009, see art. 1Art. 49(1A) inserted (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), arts. 1(1), 14 (with art. 18)Sch. 2 para. 1 in operation at 1.4.2009, see art. 1Art. 16 in operation at 1.4.2009, see art. 1Word in Sch. 1 shoulder note omitted (1.4.2010) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 16(a)Art. 39 in operation at 1.4.2009, see art. 1Art. 8 in operation at 1.4.2009, see art. 1Art. 46A inserted (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), arts. 1(1), 13 (with art. 18)Art. 20 in operation at 1.4.2009, see art. 1Art. 41 in operation at 1.4.2009, see art. 1Word in art. 18A(5) substituted (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), arts. 1(1), 7 (with art. 18)Art. 30 in operation at 1.4.2009, see art. 1Art. 18 in operation at 1.4.2009, see art. 1Sch. 3 para. 15 in operation at 1.4.2009, see art. 1Sch. 3 para. 11 in operation at 1.4.2009, see art. 1Art. 12(3) omitted (1.4.2010) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 7Art. 3(2)(b) substituted (1.4.2011) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2011 (S.R. 2011/169), arts. 1(1), 4 (with art. 18)Sch. 3 para. 14 in operation at 1.4.2009, see art. 1Art. 38 in operation at 1.4.2009, see art. 1Sch. 2 Pts. 2-4 substituted (1.4.2010) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 17(b)Words in Art. 11(3) omitted (1.4.2010) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 6(4)Words in Art. 11(2) inserted (1.4.2010) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2010 (S.R. 2010/134), arts. 1, 6(3)Words in art. 2(1) substituted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 68(2)(a) (with reg. 9(2))Words in art. 2(1) revoked (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 68(2)(b) (with reg. 9(2))Arts. 26A-26E inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 15 (with art. 34)Art. 28A inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 21 (with art. 34)Art. 50A inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 28 (with art. 34)Word in Sch. 1 substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 30(1) (with art. 34)Words in Sch. 2 Pt. 1 para. 1 inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(2) (with art. 34)Art. 34(6)(7)(8) renumbered as art. 34(9)(10)(11) (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 25(4) (with art. 34)Sch. 2 Pt. 2 substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 32 (with art. 34)Sch. 2 Pts. 2A-2E inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 33 (with art. 34)Art. 34(6)-(8) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 25(3) (with art. 34)Words in art. 34(1)(a) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 25(2) (with art. 34)Words in art. 34(9)(b) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 25(5) (with art. 34)Words in art. 34(10) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 25(6) (with art. 34)Words in art. 2(1) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 2(2) (with art. 34)Words in art. 2(1) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 2(3) (with art. 34)Words in art. 2(1) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 2(4) (with art. 34)Words in art. 2(1) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 2(5) (with art. 34)Words in art. 2(1) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 2(6) (with art. 34)Words in art. 2(1) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 2(7) (with art. 34)Art. 2(1)(e) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 2(8)(b) (with art. 34)Words in art. 2(1)(d) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 2(8)(a) (with art. 34)Words in art. 2(1) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 2(9) (with art. 34)Art. 2(1)(c) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 2(10) (with art. 34)Art. 2(7) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 2(11) (with art. 34)Art. 4(1)-(1B) substituted for art. 4(1) (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 3 (with art. 34)Art. 13(3)(4) substituted for (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 4(2) (with art. 34)Art. 13(8) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 4(3) (with art. 34)Words in art. 15 substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 5 (with art. 34)Words in art. 18A(1)(b) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 6(2) (with art. 34)Words in art. 18A(3) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 6(3) (with art. 34)Words in art. 21(1) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 7(2) (with art. 34)Word in art. 21(3)(a)(iv) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 7(3) (with art. 34)Word in art. 21(3)(a)(v) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 7(4) (with art. 34)Art. 21(3)(a)(vi)(vii) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 7(5) (with art. 34)Art. 22A renumbered as art. 21A (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 9 (with art. 34)Art. 22B renumbered as art. 21B (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 10 (with art. 34)Art. 22(3)(aa) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 8 (with art. 34)Art. 23(3)-(5) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 11(4) (with art. 34)Words in art. 23(2)(a)(ii)(aa) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 11(2) (with art. 34)Art. 23(7) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 11(5) (with art. 34)Art. 23(2)(a)(ii)(cc) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 11(3) (with art. 34)Words in art. 24(1) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 12(2)(a) (with art. 34)Words in art. 24(1) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 12(2)(b) (with art. 34)Words in art. 24(2)(aa) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 12(3)(a) (with art. 34)Art. 24(2)(bb) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 12(3)(b) (with art. 34)Art. 24(3) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 12(4) (with art. 34)Art. 24(4) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 12(5) (with art. 34)Art. 25(2)-(10) substituted for Art. 25(2)-(5) (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 13 (with art. 34)Art. 27A(2)(3) substituted for art. 27A(2) (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 18 (with art. 34)Art. 27B(2)(c)(d) substituted for art. 27B(2)(c) (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 19 (with art. 34)Art. 28(1) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 20(2) (with art. 34)Art. 28(2) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 20(3) (with art. 34)Art. 28(3) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 20(4) (with art. 34)Words in art. 28(4)(a) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 20(5) (with art. 34)Art. 28(4)(b) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 20(6) (with art. 34)Words in art. 28(5) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 20(7)(a) (with art. 34)Words in art. 28(5) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 20(7)(b) (with art. 34)Words in art. 28(6) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 20(8) (with art. 34)Words in art. 28(7)(b) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 20(9)(a) (with art. 34)Words in art. 28(7)(b) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 20(9)(b) (with art. 34)Art. 29(1)-(4) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 22(2) (with art. 34)Words in art. 29(5)(a) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 22(3) (with art. 34)Art. 29(5)(b) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 22(4) (with art. 34)Words in art. 29(6) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 22(5)(a) (with art. 34)Words in art. 29(6) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 22(5)(b) (with art. 34)Words in art. 30(3) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 23 (with art. 34)Words in art. 31(3)(c)(ii) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 24(2) (with art. 34)Words in art. 31(3)(e) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 24(3) (with art. 34)Art. 31(3)(f) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 24(4) (with art. 34)Art. 46A(3)(f)(g) added (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 27(3) (with art. 34)Art. 46A(8) substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 27(4) (with art. 34)Art. 46A(3)(e): semi-colon substituted for full stop (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 27(3) (with art. 34)Word in art. 52(4) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 29 (with art. 34)Words in Sch. 2 Pt. 1 para. 1 substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(3) (with art. 34)Words in Sch. 2 Pt. 1 para. 1 omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(4) (with art. 34)Words in Sch. 2 Pt. 1 para. 1 omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(6) (with art. 34)Words in Sch. 2 Pt. 1 para. 1 substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(7) (with art. 34)Words in Sch. 2 Pt. 1 para. 1 inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(5) (with art. 34)Words in Sch. 2 Pt. 1 para. 1 substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(8) (with art. 34)Words in Sch. 2 Pt. 1 para. 1 substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(9) (with art. 34)Words in Sch. 2 Pt. 1 para. 1 inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(11)(a) (with art. 34)Sch. 2 Pt. 1 para. 1 comma and words omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(11)(b) (with art. 34)Words in Sch. 2 Pt. 1 para. 1 substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(12) (with art. 34)Words in Sch. 2 Pt. 1 para. 1 omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(13) (with art. 34)Word in Sch. 2 Pt. 1 para. 1(2)(a) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(14) (with art. 34)Sch. 2 Pt. 1 paras. 1(2)(c), (d) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(15) (with art. 34)Art. 26 substituted (1.7.2013) by The Renewables Obligation (Amendment No. 2) Order (Northern Ireland) 2013 (S.R. 2013/174), arts. 1(1), 2Art. 46B inserted (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 5 (with art. 11)Sum in Sch. 2 Pt. 2A Table substituted (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 8 (with art. 11)Sum in Sch. 2 Pt. 2B Table substituted (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 9(a) (with art. 11)Sum in Sch. 2 Pt. 2B Table substituted (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 9(b) (with art. 11)Words in art. 2(1) inserted (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 2(2) (with art. 11)Art. 46A(3)(b)-(da) substituted for (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 4(2) (with art. 11)Art. 46A(5) substituted (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 4(3) (with art. 11)Words in art. 46A(8) substituted (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 4(4) (with art. 11)Words in art. 49(2)(b) omitted (1.6.2014) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 6 (with art. 11)Art. 27 substituted (1.7.2015) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/287), arts. 1(1), 2 (with art. 4)Art. 27A(3) substituted (1.7.2015) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/287), arts. 1(1), 3 (with art. 4)Art. 21ZA inserted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 4 (with art. 12)Sch. 3A omitted (1.3.2016) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 11 (with art. 12)Sch. 3B omitted (1.3.2016) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 11 (with art. 12)Sch. A1A inserted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 9, Sch. 1 (with art. 12)Sch. A2 substituted for (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 10, Sch. 2 (with art. 12)Words in art. 2(1) inserted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(a) (with art. 12)Words in art. 2(1) inserted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(b) (with art. 12)Words in art. 2(1) omitted (1.3.2016) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(c) (with art. 12)Words in art. 2(1) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(d) (with art. 12)Words in art. 2(1) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(e) (with art. 12)Words in art. 2(1) inserted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(f) (with art. 12)Words in art. 2(1) substituted (1.3.2016) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(g) (with art. 12)Words in art. 2(1) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(h) (with art. 12)Words in art. 2(1) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(i) (with art. 12)Words in art. 4(1A)(a) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 3(a) (with art. 12)Words in art. 4(1B)(a) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 3(b) (with art. 12)Words in art. 4(7) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 3(c) (with art. 12)Arts. 21B(b)(i)-(iii) substituted for art. 21B(b)(i) (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 5 (with art. 12)Words in art. 22(2) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 6(a) (with art. 12)Art. 22(2A)-(2B) inserted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 6(b) (with art. 12)Art. 46 substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 7 (with art. 12)Words in art. 46B(2)(a)(b) omitted (1.3.2016) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 8(a)(i) (with art. 12)Word in art. 46B(2)(b) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 8(a)(ii) (with art. 12)Words in art. 46B(6)(a)(b) omitted (1.3.2016) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 8(b)(i) (with art. 12)Word in art. 46B(6)(b) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 8(b)(ii) (with art. 12)Words in art. 2(1) substituted (1.1.2017) by The Combined Heat and Power Quality Assurance Regulations 2016 (S.I. 2016/1108), regs. 1(1), 5Words in art. 2(1) substituted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 13(2)Art. 2(8) inserted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 13(3)Word in art. 46(4)(d) omitted (1.1.2018) by virtue of The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 14(2)(a)Words in art. 46(4)(e)(v) substituted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 14(2)(b)Art. 46(4)(f) inserted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 14(2)(c)Word in art. 46(10) omitted (1.1.2018) by virtue of The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 14(3)(a)Words in art. 46(10) substituted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 14(3)(b)Words in art. 46(10) inserted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 14(3)(c)Words in Sch. A1 para. 1 substituted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 15(2)(b)Sch. A1 para. 5 omitted (1.1.2018) by virtue of The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 15(3)Sch. A1 para. 6 substituted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 15(4): Sch. A2 para. 1 renumbered as para. 1(1) (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 16(2)Sch. A2 para. 1(2) inserted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 16(3)Rules modified (31.12.2020) by S.I. 2019/289, reg. 5, Sch. 3 (as amended by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(3)(5))art. 21B renumbered as art. 21B(1) (31.12.2020) by The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/35), reg. 1(2), Sch. 3 para. 2(2); 2020 c. 1, Sch. 5 para. 1(1)Words in art. 21B(1)(a)(ii) substituted (31.12.2020) by The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/35), reg. 1(2), Sch. 3 para. 2(3); 2020 c. 1, Sch. 5 para. 1(1)Art. 21B(2) inserted (31.12.2020) by The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/35), reg. 1(2), Sch. 3 para. 2(4); 2020 c. 1, Sch. 5 para. 1(1)Words in art. 21B(2) substituted in earlier amending provision S.I. 2019/35, Sch. 3 para. 2(4) (31.12.2020) by The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration and Renewables Obligation (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/849), regs. 1(2), 3(4)Art. 2(1) temp. (modified) (1.6.2021) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2021 (S.R. 2021/139), arts. 1(1), 2(2)Words in art. 2(1) inserted (24.3.2026) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2026 (S.R. 2026/67), arts. 1, 2(2)Word in art. 40(4)(a) omitted (24.3.2026) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2026 (S.R. 2026/67), arts. 1, 3(a)Art. 40(4)(c) and words inserted (24.3.2026) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2026 (S.R. 2026/67), arts. 1, 3(c)Words in art. 40(4)(b) substituted (24.3.2026) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2026 (S.R. 2026/67), arts. 1, 3(b)