The Renewables Obligation (Scotland) Order 2009

[F1 Accreditation of generating stations

58ZZA.— (1) This article applies to the granting of accreditation of generating stations by the Authority.

(2) Subject to paragraph (4), where a generating station has been commissioned, the Authority may, upon the application of its operator (or, where SROCs relating to electricity generated by that station are to be issued to an agent by virtue of article 35, that agent), grant the station accreditation.

(3) Subject to paragraph (4), where a generating station has been granted preliminary accreditation (and such preliminary accreditation has not been withdrawn) and an application for its accreditation is made under paragraph (2), the Authority must not grant that application if it is satisfied that—

(a) there has been a material change in circumstances since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused;

(b) the information on which the decision to grant the preliminary accreditation was based was incorrect in a material particular such that, had the Authority known the true position when the application for preliminary accreditation was made it would have refused it; or

(c) there has been a change in applicable legislation since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused,

but otherwise the Authority must grant the application.

(4) The Authority must not grant accreditation to a generating station under this article—

(a) if, in the Authority’s opinion, the station is unlikely to generate electricity in respect of which SROCs may be issued;

(b) subject to paragraph (5), if the application for accreditation is not accompanied by the documents specified in paragraph (8);

(c) subject to paragraph (6), if an application for a CFD has been made at any time in relation to the generation of electricity by the station; or

(d) subject to paragraph (7), if an investment contract has been made at any time in relation to the generation of electricity by the station.

(5) Paragraph (4)(b) does not apply if the application for accreditation is in respect of a generating station which—

(a) is a microgenerator; or

(b) has a total installed capacity of no more than 5 megawatts, and which—

(i) generates electricity from—

(aa) gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill;

(bb) the direct conversion of sunlight into electricity; or

(cc) wind; or

(ii) is a hydro generating station.

(6) Paragraph (4)(c) does not apply if the application for accreditation is accompanied by the document specified in paragraph (8)(a)(ii).

(7) Paragraph (4)(d) does not apply if the application for accreditation is accompanied by the document specified in paragraph (8)(b)(ii).

(8) The documents specified in this paragraph are—

(a) either—

(i) a declaration made in writing by the operator of the generating station that an application for a CFD has not been made at any time in relation to the generation of electricity by the station; or

(ii) a declaration made in writing by the operator of the generating station that every application made for a CFD in relation to the generation of electricity by the station has been rejected by the national system operator or by the Secretary of State;

(b) either—

(i) a declaration made in writing by the operator of the generating station that an investment contract has never been made in relation to the generation of electricity by the station; or

(ii) a declaration made in writing by the operator of the generating station that any investment contract made in relation to the generation of electricity by the station has been terminated or has otherwise ceased to have effect by reason of a permitted termination event; and

(c) a declaration made in writing by the operator of the generating station that the national system operator has been sent—

(i) a copy of the documents that accompany the application in accordance with sub-paragraphs (a) and (b); and

(ii) a description of the location of the generating station.

(9) In this article “permitted termination event” has the same meaning as in article 58(4).]

Textual Amendments

F1 Arts. 58-58ZZB substituted for art. 58 (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 20 (with art. 27)