The Renewables Obligation Closure Order 2014

In this Order—

• “accredited” is to be construed in accordance with the definition of “accreditation” in article 2 of the Renewables Obligation Order 20095;

• “CHPQA 3” means the Combined Heat and Power Quality Assurance Standard, Issue 3, published by the Department for Environment, Food and Rural Affairs in January 20096;

• “CHPQA 5” means the Combined Heat and Power Quality Assurance Standard, Issue 5, published by the Department of Energy and Climate Change in November 20137;

• “commission” and “commissioned” are to be construed in accordance with the definition of “commissioned” in article 2 of the Renewables Obligation Order 2009;

• “grid works”, in relation to a generating station, means—

  1. a

     the construction of a connection between the station and a transmission or distribution system for the purpose of enabling electricity to be conveyed from the station to that system, or

  2. b

     the carrying out of modifications to a connection between the station and a transmission or distribution system for the purpose of enabling an increase in the amount of electricity that can be conveyed over that connection from the station to that system;

• “network operator” means a distribution exemption holder, distribution licence holder or a transmission licence holder;

• “original capacity”, in relation to a generating station, means the generating capacity of the station as accredited;

• “radar works” means—

  1. a

     the construction of a radar station,

  2. b

     the installation of radar equipment,

  3. c

     the carrying out of modifications to a radar station or to radar equipment, or

  4. d

     the testing of a radar station or radar equipment;

• “relevant date” means the later of—

  1. a

     31st October 2014, and

  2. b

     the date falling two months after the day on which this Order comes into force; and

• “relevant fossil fuel generating station” has the same meaning as in Schedule 2 to the Renewables Obligation Order 20098.

In this Order, the following have the same meaning as in the Renewables Obligation Order 20099—

• “biomass”;

• “energy crops”;

• “permitted ancillary purposes”;

• “regular biomass”;

• “waste”.

Subject to paragraph (2), no renewables obligation certificates are to be issued under a renewables obligation order in respect of electricity generated after 31st March 2017.

Paragraph (1) does not apply to electricity generated in any one or more of the circumstances set out in articles 4 to 12.

In this article—

• “2017/18 capacity”, in relation to a generating station, means any generating capacity—

  1. a

     which does not form part of the original capacity of the station, and

  2. b

     which, in the Authority’s view, first formed part of the station from a date no earlier than 1st April 2017 and no later than 31st March 2018; and

• “generating station developer”, in relation to a generating station, means the operator of the station, or a person who arranged for the construction of the 2017/18 capacity of the station.

In this article, “generating station developer”, in relation to a generating station, means the operator of the station, or a person who arranged for the construction of the station.

In this article—

• “investment contract” has the meaning given in paragraph 1 of Schedule 2 to the Energy Act 201310; and

• “permitted termination event”, in relation to an investment contract, means—

  1. a

     a delay in the approval of the investment contract by the European Commission,

  2. b

     a refusal by the European Commission to approve the investment contract,

  3. c

     a condition attached by the European Commission to its approval of the investment contract,

  4. d

     a judgment of the Court of Justice of the European Union that invalidates an approval of the investment contract by the European Commission, or

  5. e

     an amendment to the investment contract that is made, or proposed, by the Secretary of State in the light of any standard terms and conditions of contracts for difference issued under section 11 of the Energy Act 2013.

For the purposes of paragraph (1)(a)(iii), in determining whether electricity has been generated only from biomass, no account is to be taken of any fossil fuel or waste which the generating station uses for permitted ancillary purposes.

In paragraph (3), “dedicated biomass cap” refers to the Government’s policy for a 400 megawatt cap on the total amount of new build generating capacity that receives support for the generation of electricity only from biomass11.

For the purposes of paragraph (1)(a)(iv), in determining whether electricity has been generated only from biomass, no account is to be taken of any fossil fuel or waste which the generating station uses for permitted ancillary purposes.

Paragraph (5)(a) does not apply if the notice contains a declaration that no grid works are required in order to commission the generating station.

Paragraph (5)(b) does not apply if the notice contains a declaration that planning permission is not required for the generating station.

In this article—

• “appropriate individual”, in relation to a notice, means—

  1. a

     where the person submitting the notice is a body corporate (other than a limited liability partnership), an individual who is a director, the treasurer, secretary or chief executive of that body,

  2. b

     where the person submitting the notice is a limited liability partnership, an individual who is a designated member of that partnership, within the meaning given in section 8 of the Limited Liability Partnerships Act 200015,

  3. c

     where the person submitting the notice is a partnership (other than a limited liability partnership), an individual who is a partner in that partnership,

  4. d

     where the person submitting the notice is an unincorporated association (other than a partnership), an individual who is a member of the governing body of that association,

  5. e

     where the person submitting the notice is an individual, that individual;

• “offshore generating station” means a generating station which generates electricity from wind and which—

  1. a

     has its wind turbines situated wholly in offshore waters, and

  2. b

     is not connected to dry land by means of a permanent structure which provides access to land above the mean low water mark;

• “offshore waters” has the same meaning as in the Renewables Obligation Order 200916; and

• “planning permission” means—

  1. a

     in the case of an offshore generating station—

     1. i

        consent under section 36 of the Electricity Act 198917,

     2. ii

        consent under Article 39 of the Electricity (Northern Ireland) Order 199218, or

     3. iii

        development consent under the Planning Act 200819,

  2. b

     in all other cases—

     1. i

        consent under section 36 of the Electricity Act 1989,

     2. ii

        planning permission under the Town and Country Planning Act 199020,

     3. iii

        planning permission under the Town and Country Planning (Scotland) Act 199721, or

     4. iv

        development consent under the Planning Act 2008.

For the purposes of paragraph (2)(a), a notice that is “in writing” includes a notice that is submitted to the Authority by electronic mail, facsimile or similar means which are capable of producing a document containing the text of the notice.