The Feed-in Tariffs Order 2012

[F1The application limitE+W+S

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8B.—(1) Paragraph (2) applies where, in any tariff period, the aggregate total installed capacity (measured in megawatts) of relevant installations of a particular description, in respect of which applications for accreditation or preliminary accreditation have been received, reaches the limit for such installations for that tariff period (“the application limit”) as set out in the [F2tables] in Schedule 1A to this Order.

(2) Where this paragraph applies, the Authority must not within that tariff period—

(a)accredit any relevant installations of that particular description for which an application for accreditation is received after the application limit is reached; or

(b)grant preliminary accreditation for installations of that particular description for which an application under article 9 (preliminary accreditation) is received after the application limit is reached,

and where the receipt of an application in respect of a relevant installation causes the application limit to be reached, the Authority must not accredit it or grant it preliminary accreditation within that tariff period, unless the total installed capacity of that installation is such that the limit is reached exactly and not exceeded.

(3) Where by virtue of paragraph (2) an eligible installation is not granted accreditation or preliminary accreditation in a tariff period, and the Authority would have granted it accreditation or preliminary accreditation if paragraph (2) did not apply, the Authority must in the next tariff period determine whether to grant the installation accreditation or preliminary accreditation in that next tariff period.

(4) For the purposes of this article and article 8C—

(a)an application for accreditation or preliminary accreditation is to be treated as being received by the Authority—

(i)in relation to an application which meets the conditions in article 4(2), or for an application for preliminary accreditation, when the application is received by the Authority;

[F3(ii)in relation to any eligible installation which uses an MCS-FIT technology and for which an MCS certificate is issued, when the MCS certificate is issued, (whether or not an application for FIT payments for that installation is actually made);]

(iii)in relation to an application which the Authority is required to determine under paragraph (3), at the start of the tariff period in which it is to be determined; and

(b)“relevant installation” means any eligible installation other than an installation which has been granted preliminary accreditation and in respect of which an application for accreditation is made within the period of validity of its preliminary accreditation.]

Textual Amendments

F3Art. 8B(4)(a)(ii) substituted (31.3.2016) by The Feed-in Tariffs (Amendment) Order 2016 (S.I. 2016/319), arts. 1, 4(2)