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12. After regulation 38 insert—
“38A.—(1) No periodic support payments may be made in relation to any heat generated by any capacity of a CHP system to which paragraph (2) or (3) applies.
(2) This paragraph applies to capacity which generated heat and electricity before 1st May 2013 and which—
(a)uses solid biomass or solid biomass contained in municipal waste to generate heat and electricity, and
(b)forms part of a generating station which—
(i)is accredited under the NIRO, and
(ii)is or at any time since it was so accredited, has been a qualifying combined heat and power generating station within the meaning of article 2 of the Renewables Obligation Order.
(3) This paragraph applies to capacity which first generates heat and electricity on or after 1st October 2015 and—
(a)which—
(i)uses solid biomass to generate heat and electricity;
(ii)forms part of a generating station which is accredited under the NIRO, and
(iii)is capacity in respect of which a declaration made in accordance with article 26(8) of the Renewables Obligation Order; has been made; or
(b)which—
(i)uses solid biomass contained in municipal waste to generate heat and electricity;
(ii)forms part of a generating station which is accredited under the NIRO; and
(iii)forms part of a generating station which is or at any time since it was so accredited, has been a qualifying combined heat and power generating station within the meaning of article 2 of the Renewables Obligation Order.
(4) For the purpose of this regulation, “the Renewables Obligation Order” means the Renewables Obligation Order (Northern Ireland) 2009(1).”
SR 2009 No. 154 as amended by SR 2013 No. 174
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