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Part IU.K. ELECTRICITY SUPPLY

Modifications etc. (not altering text)

C3Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C4Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10

Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))

Protection of public interestE+W+S

[F132B 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] [F3or, if the order so provides, to a person of any other description specified in the order].

[F4(1A)A certificate is to certify either the matters within subsection (2) or the matters within subsection (2A) [F5 or, if the order provides that a certificate may certify the matters within subsection (2ZA), (2AA), (2AB) or (2AC), the matters within that subsection ].]

(2)[F6The matters within this subsection are]—

(a)that the generating station or, in the case of a certificate issued [F7otherwise than to the operator of a generating station,] 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).

[F8(2ZA)The matters within this subsection are—

(a)that two or more generating stations have, between them, 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).]

[F9(2A)The matters within this subsection are—

(a)that the generating station or, in the case of a certificate issued [F7otherwise than to the operator of a generating station,] 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.

[F10(2AA)The matters within this subsection are—

(a)that two or more generating stations have, between them, generated from renewable sources the amount of electricity stated in the certificate;

(b)that none of them is 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.

(2AB)The matters within this subsection are—

(a)that the generating station, or, in the case of a certificate issued otherwise than to the operator of a generating station, a generating station specified in the certificate, has generated from renewable sources the amount of electricity stated in the certificate; and

(b)that the electricity has been used in a permitted way.

(2AC)The matters within this subsection are—

(a)that two or more generating stations have, between them, generated from renewable sources the amount of electricity stated in the certificate; and

(b)that the electricity has been used in a permitted way.

(2AD)For the purposes of subsections (2AB) and (2AC), electricity generated by a generating station, or generating stations, of any description is used in a permitted way if—

(a)it is used in one of the ways mentioned in subsection (2AE); and

(b)that way is specified in the order as a permitted way—

(i)in relation to all generating stations, or

(ii)in relation to generating stations of that description.

(2AE)Those ways are—

(a)being consumed by the operator of the generating station or generating stations by which it was generated;

(b)being provided to a distribution system or a transmission system in circumstances in which its supply to customers cannot be demonstrated;

(c)being used, as respects part, as mentioned in paragraph (a)and, as respects the remainder, as mentioned in paragraph (b);

(d)being used, as respects part, as mentioned in paragraph (a), (b) or (c) and, as respects the remainder, by being supplied to customers in Great Britain or customers in Northern Ireland, or both.]

(2B)An order under section 32 must—

(a)prohibit the issue of a certificate certifying matters within subsection (2A) [F11or (2AA)] 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 [F12that certifies matters within subsection (2)] [F13or (2AZ)], it is to count for the purposes of section 32(3) as sufficient evidence of the facts certified.

[F14(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) [F15or any of subsections (2AA) to (2AC)].

(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

F1S. 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)

F2Words 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

F3Words in s. 32B(1) inserted (21.8.2006) by Climate Change and Sustainable Energy Act 2006 (c. 19), ss. 23(2), 28(1)

F6Words 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

F7Words in s. 32B(2)(2A) substituted (21.8.2006) by Climate Change and Sustainable Energy Act 2006 (c. 19), ss. 23(4), 28(1)

F9S. 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

F11Words in s. 32B(2B) inserted (21.8.2006) by Climate Change and Sustainable Energy Act 2006 (c. 19), ss. 23(7), 28(1)

F12Words 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

Modifications etc. (not altering text)

C5S. 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))