Electricity Act 1989

[F1 32B Green certificates. E+W+S

(1) An order under section 32 may provide for the Authority to issue from time to time, in accordance with such criteria (if any) as are specified in the order, a certificate to the operator of a generating station[F2 , to an electricity supplier or to a Northern Ireland supplier].

[F3 (1A) A certificate is to certify either the matters within subsection (2) or the matters within subsection (2A).]

(2) [F4 The matters within this subsection are]—

(a) that the generating station or, in the case of a certificate issued to an electricity supplier [F5 or to a Northern Ireland supplier], a generating station specified in the certificate, has generated from renewable sources the amount of electricity stated in the certificate; and

(b) that it has been supplied to customers in Great Britain (or the part of Great Britain stated in the certificate).

[F6 (2A) The matters within this subsection are—

(a) that the generating station or, in the case of a certificate issued to an electricity supplier or to a Northern Ireland supplier, a generating station specified in the certificate, has generated from renewable sources the amount of electricity stated in the certificate;

(b) that the generating station in question is not a generating station mentioned in Article 54(1) of the Energy (Northern Ireland) Order 2003; and

(c) that the electricity has been supplied to customers in Northern Ireland.

(2B) An order under section 32 must—

(a) prohibit the issue of a certificate certifying matters within subsection (2A) where the Northern Ireland authority has notified the Authority that it is not satisfied that the electricity in question has been supplied to customers in Northern Ireland; and

(b) require the revocation of such a certificate if the Northern Ireland authority so notifies the Authority at a time between the issue of the certificate and its production for the purposes of provision made by virtue of subsection (4).]

(3) If an electricity supplier produces a certificate to the Authority [F7 that certifies matters within subsection (2)], it is to count for the purposes of section 32(3) as sufficient evidence of the facts certified.

[F8 (4) An order under section 32 may provide that—

(a) in such cases as may be specified in the order, and

(b) subject to such conditions as may be so specified,

an electricity supplier may (to the extent provided for in accordance with the order) discharge its renewables obligation (or its obligation in relation to a particular period) by the production to the Authority of a certificate that certifies matters within subsection (2A).

(5) References in this section to the supply of electricity to customers in Northern Ireland shall be construed in accordance with the definition of “supply” in Article 3 of the Electricity (Northern Ireland) Order 1992.]]

Textual Amendments

F1 S. 32B inserted (1.10.2001) by 2000 c. 27, s. 64; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F2 Words in s. 32B(1) substituted (5.10.2004) by Energy Act 2004 (c. 20), ss. 116(2), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F3 S. 32B(1A) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 116(3), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F4 Words in s. 32B(2) substituted (5.10.2004) by Energy Act 2004 (c. 20), ss. 116(4)(a), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F5 Words in s. 32B(2)(a) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 116(4)(b), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F6 S. 32B(2A)(2B) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 116(5), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F7 Words in s. 32B(3) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 116(6), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F8 S. 32B(4)(5) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 116(7), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 S. 32B: transfer of functions (1.11.2001) by S.I. 2001/3504, arts. 1(2)(a), 2, Sch. (with art. 4) (as amended (15.12.2006) by S.I. 2006/3258, arts. 1(2), 3(4) (with art. 5))