The Feed-in Tariffs (Specified Maximum Capacity and Functions) (Amendment) Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010 (S.I. 2010/678) (“the 2010 Order”) and makes saving provision.

The 2010 Order gives functions to the Gas and Electricity Markets Authority (“the Authority”) in connection with the administration of the Feed-in tariffs scheme (“the FIT scheme”). Other provisions of the FIT scheme are contained in the modifications made to electricity supply licences made under section 41 of the Energy Act 2008 (c.32) and which are available from the Department of Energy and Climate Change, 3 Whitehall Place, London, SW1A 2AW.

Article 3 amends article 2 (interpretation) of the 2010 Order, including the insertion of a new definition of hydro generating station.

Article 4 amends article 3 of the 2010 Order to change the measure of capacity used in setting the specified maximum capacity of eligible installations under the FIT scheme.

Article 5 substitutes a new article 5 of the 2010 Order. This provides for the accreditation of eligible installations which were not previously accredited under the Renewables Obligation Order 2009 (S.I. 2009/785) or the Renewables Obligation (Scotland) Order 2009 (S.S.I. 2009/140) (collectively described as the “ROO”).

Article 6 inserts article 5A into the 2010 Order. This provides for the accreditation of hydro generating stations with a capacity of 50 kilowatts or less and for the eligibility date of certain of these installations.

Article 7 amends article 6 of the 2010 Order to extend the period in which a FIT generator may submit a notice to the Authority for accreditation until 1st October 2011. Where such a notice is received after 1st October 2010, the eligibility date for the purposes of accreditation of the FIT generator’s installation is the date of the notice. This amendment does not affect the accreditation of such installations where the FIT generator gave notice before 1st October 2010 in accordance with the provision in the 2010 Order.

Article 8 substitutes a new article 8 of the 2010 Order. This provides exceptions to accreditation under the FIT scheme which are applicable to all eligible installations, including where the purchasing and installation costs of the installation have been funded by a grant from public funds.

Article 9 amends paragraph (1) of article 33 of the 2010 Order to clarify the giving of notices of levelisation payments by the Authority.

Articles 10 and 11 amend articles 37 and 38 of the 2010 Order to insert the amended definitions of “Standard Licence Condition 33” and “Standard Licence Condition 34”.

An impact assessment has been prepared in respect of this Order and copies can be obtained from the Department of Energy and Climate Change, 3 Whitehall Place, London, SW1A 2AW. It is also annexed to the Explanatory Memorandum which is available alongside this Order on the OPSI website at: http://www.opsi.gov.uk/ .