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Electricity Act 1989

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[F132OFurther provision about the certificate purchase obligationE+W+S

(1)A certificate purchase order may make provision generally in relation to the certificate purchase obligation.

(2)A certificate purchase order may, in particular—

(a)specify the redemption value of certificates or provide for how the redemption value is to be calculated;

(b)provide for different redemption values for successive periods of time;

(c)authorise the adjustment of redemption values from time to time for inflation by a method specified in the order (including by reference to a specified scale or index, as it has effect from time to time, or to other specified data of any description);

(d)require the relevant purchasing body or the Secretary of State (if not the relevant purchasing body) to publish the redemption value of certificates by a specified deadline;

(e)provide for the manner in which a certificate is to be presented to the relevant purchasing body;

(f)provide for the certificate purchase obligation in relation to certificates issued in respect of electricity generated—

(i)using specified descriptions of renewable sources,

(ii)by specified descriptions of generating stations,

(iii)in specified ways, or

(iv)in other specified cases or circumstances,

to apply only up to a specified number of the certificates that are presented for payment in any specified period;

(g)provide that certificates in respect of electricity generated—

(i)using specified descriptions of renewable sources,

(ii)by specified descriptions of generating stations,

(iii)in specified ways, or

(iv)in other specified cases or circumstances,

are to be issued only up to such number of certificates in any specified period as may be specified or determined in accordance with the order;

(h)provide that the certificate purchase obligation is not to apply on presentation of a certificate unless—

(i)the certificate is presented by such a deadline as may be specified or determined in accordance with the order, and

(ii)any other specified conditions are met (whether in relation to the certificate, the person presenting it or other matters);

(i)provide for how the relevant purchasing body is to determine whether specified conditions are met;

(j)provide that the certificate purchase obligation in relation to a certificate is to be discharged by such a deadline as may be specified or determined in accordance with the order;

(k)authorise the relevant purchasing body to determine the manner in which payments under the certificate purchase obligation are to be made;

(l)authorise the relevant purchasing body to deduct from payments specified descriptions of fees or charges incurred in making the payments;

(m)provide for a certificate purchase levy (see section 32P);

(n)authorise the Secretary of State to make payments for the purpose of enabling the certificate purchase obligation to be discharged;

(o)impose such other obligations, or confer such other functions, on the relevant purchasing body as the Secretary of State considers appropriate.

(3)Once the redemption value in relation to a certificate is paid (less any deductions permitted under the order by virtue of subsection (2)(l)), the certificate purchase obligation in relation to that certificate is discharged (and the certificate is not to be presented for payment again).

(4)For the purposes of carrying out its functions under a certificate purchase order, the relevant purchasing body may—

(a)require a person presenting a certificate to provide such information or documentation as the body may reasonably need for such purposes, and

(b)determine the form in which, and the time by which, such information or documentation is to be supplied.

(5)The certificate purchase obligation does not apply in relation to a certificate unless the person presenting the certificate has complied with any requirements imposed under subsection (4).]

Textual Amendments

F1Ss. 32N-32Z2 inserted (18.2.2014) by Energy Act 2013 (c. 32), ss. 56(2), 156(2)

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