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”.