Amendment of the Energy (Northern Ireland) Order 20032
1
After Article 55E of the Energy (Northern Ireland) Order 2003 insert—
55EARenewables obligation closure order
1
The Department may make a renewables obligation closure order.
2
A renewables obligation closure order is an order which provides that no renewables obligation certificates are to be issued under a renewables obligation order in respect of electricity generated after a specified date.
3
Provision made under paragraph (2) may specify different dates in relation to different cases or circumstances.
4
The cases or circumstances mentioned in paragraph (2) may in particular be described by reference to—
a
accreditation of a generating station, or
b
the addition of generating capacity to a generating station.
5
A renewables obligation closure order may include provision about—
a
the meaning of “accreditation” and “generating capacity” in paragraph (4),
b
when generating capacity is to be treated as added to a generating station for the purposes of that paragraph.
6
Power to make provision in a renewables obligation order (and any provision contained in such an order) is subject to provision contained in a renewables obligation closure order; but this Article is not otherwise to be taken as affecting the power to make provision in a renewables obligation order of the kind mentioned in paragraph (2).
7
Article 55D applies in relation to a renewables obligation closure order as it applies in relation to a renewables obligation order (and paragraph (3) is not to be taken as limiting the application of that Article).
55EBRenewables obligation closure orders: procedure
1
Before making a renewables obligation closure order, the Department must consult—
a
the Authority,
b
the Council,
c
such generators of electricity from renewable sources as the Department considers appropriate, and
d
such other persons, if any, as the Department considers appropriate.
2
The requirement to consult may be satisfied by consultation before, as well as consultation after, the making of the Energy (Amendment) Order (Northern Ireland) 2015.
3
In Article 55F(1) of the Energy (Northern Ireland) Order 2003 (Interpretation of Articles 52 to 55F)—
a
for “55E” substitute “55EB”;
b
after the definition of “renewables obligation order” insert—
“renewables obligation closure order” is to be construed in accordance with Article 55EA;
c
in the definition of “specified”, after “renewables obligation order” insert “or a renewables obligation closure order”.
4
In Article 66 of the Energy (Northern Ireland) Order 2003 (Regulations, orders and directions), in paragraph (2) after “52(1) insert “, 55EA”.