The Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010

PART 1 Introductory provisions

Citation and commencement

1.  This Order may be cited as the Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010 and comes into force on 1st April 2010.

Interpretation

2.—(1) In this Order—

“the Act” means the Energy Act 2008;

“accreditation” is approval by the Authority of an eligible installation as an accredited FIT installation under Part 3, unless the context otherwise requires;

“accredited FIT installation” means an eligible installation which has been given accreditation;

“anaerobic digestion” means the bacterial fermentation of organic material in the absence of free oxygen (excluding anaerobic digestion of sewage and material in a landfill);

“the Authority” means the Gas and Electricity Markets Authority;

“Balancing and Settlement Code” means the code for governance of electricity balancing and settlement in Great Britain(1) which is maintained in accordance with the conditions of licences granted under section 6(1) of the Electricity Act 1989(2);

“central FIT register” means the register kept and maintained by the Authority in accordance with article 17;

“deemed export payment” means the payment made to a FIT generator or nominated recipient by a FIT licensee in respect of a deemed export of electricity;

“electricity supply licence” means a licence granted by the Authority under section 6(1)(d) of the Electricity Act 1989;

“extension” means an increase in the capacity of an installation to generate electricity;

“FIT” means feed-in tariff;

“levelisation fund” means the fund maintained under article 32;

“MCS” means the Microgeneration Certification Scheme(3) or equivalent schemes accredited under EN 45011(4) which certify microgeneration products and installers in accordance with consistent standards;

“MCS certificate” means a certificate given under the MCS;

“ROO” means the Renewables Obligation Order 2009(5) in relation to an installation in England and Wales and Renewables Obligation (Scotland) Order 2009(6) in relation to an installation in Scotland;

“Standard Condition 33” and “Standard Condition 34” mean the conditions so numbered in the standard conditions of electricity supply licences(7);

“tariff code” has the meaning given by article 10.

(2) In this Order the following expressions have the meanings given to them in the ROO—

“hydro generating station”;

“NFFO arrangement”.

(3) In this Order the following expressions have the meanings given to them in Schedule A to Standard Licence Condition 33—

“commissioned”;

“confirmation date”;

“declared net capacity”;

“deemed export”;

“eligible installation”;

“eligibility date”;

“eligible low-carbon energy source”;

“export”;

“export meter”;

“export payment”;

“FIT generator”;

“FIT licensee”;

“FIT payments”;

“FIT payment rate table”;

“FIT scheme”;

“FIT year”;

“generation meter”;

“generation payment”;

“MCS-FIT technology”;

“nominated recipient”;

“statement of FIT terms”;

“total installed capacity”.

(1)

Copies of the Balancing and Settlement Code are available: www.elexon.co.uk.

(2)

1989 c.29.

(3)

Details of which are available at: www.microgenerationcertification.org.

(4)

ISBN 0580294153. Copies can be obtained from the British Standards Institution at: www.bsigroup.com.

(5)

S.I. 2009/785.

(6)

S.S.I. 2009/140.

(7)

The standard conditions of electricity supply licences are at: www.ofgem.gov.uk. Standard Conditions 33 and 34 are inserted, with effect from 1st April 2010, by modifications made under section 41 of the Act and copies are available from the Department of Energy and Climate Change, 3 Whitehall Place, London SW1A 2AW.