The Feed-in Tariffs Order 2012

Effect of preliminary accreditationE+W+S

This adran has no associated Memorandwm Esboniadol

10.—(1) Paragraph (2) applies where—

(a)an installation has been granted preliminary accreditation; and

(b)during the period of validity of the preliminary accreditation—

(i)the installation is commissioned; and

(ii)the Authority receives an application for accreditation of the installation.

(2) The Authority must grant the accreditation if it is satisfied that the installation has been commissioned unless—

(a)article 7 applies;

(b)the installation which has been commissioned is materially different from the installation for which preliminary accreditation was granted;

(c)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;

(d)any condition attached to the preliminary accreditation has not been complied with;

(e)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 been refused.

[F1(3) If the Authority grants the application for accreditation pursuant to paragraph (2), the installation’s tariff date is the later of the date on which—

(a)the application for preliminary accreditation is received by the Authority; or

[F2(b)the tariff period within which the installation qualifies for accreditation commences.]]

(4) For the purposes of this article, a commissioned installation is materially different from an installation for which preliminary accreditation was granted if—

(a)its site is different;

(b)it uses a different eligible low-carbon energy source;

(c)either—

(i)it does not have a grid connection, and the application for preliminary accreditation stated that it would have a grid connection; or

(ii)it has a grid connection, and the application for preliminary accreditation stated that it would not have a grid connection;

[F3(d)its total installed capacity is greater;]

[F3(da)its total installed capacity is less, such that electricity generated by the installation would be eligible for payment at a different generation tariff to that which would have been payable had the total installed capacity of the installation been as stated in the application for preliminary accreditation;]

F4(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(f)the application for preliminary accreditation specified that the installation—

(i)would not be stand-alone solar photovoltaic and it is stand-alone solar photovoltaic; or

(ii)would be stand-alone solar photovoltaic and it is not stand-alone solar photovoltaic;]

[F5(g)the application for preliminary accreditation specified that the installation would be owned by a community organisation and the Authority is not satisfied that it is owned by a community organisation.]

Textual Amendments

F3Art. 10(4)(d)(da) substituted for art. 10(4)(d) (31.3.2016) by The Feed-in Tariffs (Amendment) Order 2016 (S.I. 2016/319), arts. 1, 4(5)(b)

F4Art. 10(4)(e) omitted (15.1.2016) by virtue of The Feed-in Tariffs (Amendment) (No. 3) Order 2015 (S.I. 2015/2045), arts. 1, 9(c) (with art. 24)