http://www.legislation.gov.uk/id/ukpga/2013/32

PART 2Electricity Market Reform

CHAPTER 7The renewables obligation: transitional arrangements

55Closure of support under the renewables obligation

1

After section 32L of EA 1989 insert—

32LARenewables obligation closure order
1
The Secretary of State 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 subsection (2) may specify different dates in relation to different cases or circumstances.
4
The cases or circumstances mentioned in subsection (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 subsection (4);
b
when generating capacity is to be treated as added to a generating station for the purposes of that subsection.
6
References in this section to a renewables obligation order are references to any renewables obligation order made under section 32 (whenever made, and whether or not made by the Secretary of State).
7
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 section is not otherwise to be taken as affecting power to make provision in a renewables obligation order of the kind mentioned in subsection (2).
8
Section 32K applies in relation to a renewables obligation closure order as it applies in relation to a renewables obligation order (and subsection (3) above is not to be taken as limiting the application of that section).
32LBRenewables obligation closure orders: procedure
1
Before making a renewables obligation closure order, the Secretary of State must consult—
a
the Authority,
b
the Council,
c
such generators of electricity from renewable sources as the Secretary of State considers appropriate, and
d
such other persons, if any, as the Secretary of State considers appropriate.
2
The requirement to consult may be satisfied by consultation before, as well as consultation after, the passing of the Energy Act 2013.
3
A renewables obligation closure order is not to be made unless a draft of the instrument containing it has been laid before and approved by a resolution of each House of Parliament.

2

In section 32M(1) of EA 1989 (interpretation of sections 32 to 32M)—

a

for “32L” substitute “ 32LB ”;

b

after the definition of “renewables obligation order” insert—

“renewables obligation closure order” is to be construed in accordance with section 32LA;

c

in the definition of “specified”, after “renewables obligation order” insert “ or a renewables obligation closure order ”.

3

In section 106 of EA 1989 (regulations and orders), in subsection (2)(b) after “32,” insert “ 32LA, ”.

4

In Article 56(1) of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)) (power to amend Part 7 of that Order to take account of amendments of corresponding Great Britain provisions), the reference to amendments made to sections 32 to 32C of EA 1989 includes a reference to subsections (1) and (2) of this section.