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PART 3E+W+SAccreditation and matters relating to accreditation

CHAPTER 1E+W+SAccreditation

Application of this ChapterE+W+S

[F14.—(1) This Chapter applies where an application has been made which meets the conditions in paragraph (2) or (3).

(2) The conditions in this paragraph are that—

(a)an application has been made to the Authority for accreditation of an eligible installation which—

(i)uses anaerobic digestion;

(ii)is a hydro generating station; or

(iii)uses any other eligible low-carbon energy source, and has a declared net capacity of more than 50 kilowatts; and

(b)at least one of the following applies—

(i)the installation was commissioned before the application was made;

(ii)the installation has been granted preliminary accreditation, and the application for accreditation was made within the period of validity of that preliminary accreditation; F2...

(iii)the application is within paragraph (1)(a) of article 8D (transitional installations) [F3; or]

[F4(iv)article 7B applies to the installation.]

(3) The conditions in this paragraph are that—

(a)an application[F5, other than an excluded transitional application,] has been made to a FIT licensee for FIT payments for an eligible installation which uses an MCS-FIT technology;

(b)the FIT licensee has submitted details of the installation to the Authority for accreditation under the process for MCS-certified registration; and

(c)not less than two weeks have passed since the date on which the installation’s MCS certificate was issued.]

[F6(4) In paragraph (3)(a), “an excluded transitional application” means an application which—

(a)is made to a FIT licensee on or after 1st April 2016; and

(b)would have been within article 8D(1)(b) if it had been made to a FIT licensee between 15th January and 31st March 2016.]

Textual Amendments

F2Word in art. 4(2)(b)(ii) omitted (1.2.2019) by virtue of The Feed-in Tariffs (Closure, etc.) Order 2018 (S.I. 2018/1380), arts. 1, 3(2)(a)

F3Word in art. 4(2)(b)(iii) inserted (1.2.2019) by The Feed-in Tariffs (Closure, etc.) Order 2018 (S.I. 2018/1380), arts. 1, 3(2)(b)

F5Words in art. 4(3)(a) inserted (31.3.2016) by The Feed-in Tariffs (Amendment) Order 2016 (S.I. 2016/319), arts. 1, 4(a)

Accreditation of eligible installationsE+W+S

5.—(1) The Authority must carry out accreditation as provided by this article.

[F7(1A) The Authority must, subject to paragraph (1B)—

(a)determine whether to accredit eligible installations of a particular description which meet the conditions in article 4(2) in the order in which applications for accreditation of such installations are received by the Authority; and

(b)determine whether to accredit eligible installations of a particular description which meet the conditions in article 4(3) in the order in which the installations’ MCS certificates were issued.]

[F7(1B) Paragraph (1A)(a) does not apply to eligible installations—

(a)that have been granted preliminary accreditation and in respect of which an application for accreditation is made within the period of validity of that preliminary accreditation; F8...

(b)to which article 8D (transitional installations) applies. [F9; or]

[F10(c)to which article 7B applies.]]

(2) The Authority must accredit an eligible installation if article 6 is satisfied [F11but must not do so—

(a)if article 7 [F12, 7A(1)] or 8 applies;

(b)during the pause period, if article 8A applies; or

(c)in a particular tariff period, if article 8B applies in relation to that tariff period and particular description of eligible installation].

(3) Where the Authority accredits an eligible installation, it may attach such conditions as it considers appropriate.

(4) Where the Authority accredits an eligible installation, it must—

(a)update the central FIT register;

(b)in the case of an eligible installation accredited further to an application mentioned in [F13article 4(2)], give notice to the person who made that application of the accreditation and any conditions attached to it; and

(c)in the case of an eligible installation accredited further to an application mentioned in [F14article 4(3)], give notice to the FIT licensee of the accreditation and any conditions attached to it.

(5) Where the Authority determines that an installation is not entitled to accreditation, it must—

(a)in the case of an application mentioned in [F15article 4(2)], give notice of its decision to the person who made that application; and

(b)in the case of an application mentioned in [F16article 4(3)], give notice of its decision to the FIT licensee.

(6) A notice given under paragraph (5) must include reasons why the installation was not accredited [F17, and, where the reason for the non-accreditation is that article 8B applies, give notice of the date of the start of the next tariff period [F18, if any,] within which the application will be considered by the Authority in accordance with this article.]

Textual Amendments

F8Word in art. 5(1B)(a) omitted (1.2.2019) by virtue of The Feed-in Tariffs (Closure, etc.) Order 2018 (S.I. 2018/1380), arts. 1, 4(2)(a)

F13Words in art. 5(4)(b) substituted (15.1.2016) by The Feed-in Tariffs (Amendment) (No. 3) Order 2015 (S.I. 2015/2045), arts. 1, 5(c) (with art. 24)

F14Words in art. 5(4)(c) substituted (15.1.2016) by The Feed-in Tariffs (Amendment) (No. 3) Order 2015 (S.I. 2015/2045), arts. 1, 5(d) (with art. 24)

F15Words in art. 5(5)(a) substituted (15.1.2016) by The Feed-in Tariffs (Amendment) (No. 3) Order 2015 (S.I. 2015/2045), arts. 1, 5(c) (with art. 24)

F16Words in art. 5(5)(b) substituted (15.1.2016) by The Feed-in Tariffs (Amendment) (No. 3) Order 2015 (S.I. 2015/2045), arts. 1, 5(d) (with art. 24)

Accreditation of eligible installations not previously accredited under the ROOE+W+S

6.—(1) Subject to [F19articles 7 [F20, 7A], 8, 8A and 8B], the Authority must accredit an eligible installation as an accredited FIT installation if it is satisfied that—

(a)where it has a declared net capacity of more than 50 kilowatts, it would receive accreditation under the ROO were an application to be made for such accreditation; or

(b)where it has a declared net capacity of 50 kilowatts or less, the installation meets the criteria in paragraph (2) or the criteria in paragraph (3).

(2) The criteria in this paragraph are that the eligible installation—

(a)uses an MCS-FIT technology;

(b)was first commissioned after 15th July 2009; and

(c)has been submitted by a FIT licensee for accreditation under the process for MCS-certified registration.

(3) The criteria in this paragraph are that—

(a)the eligible installation—

(i)is a hydro generating station; or

(ii)uses anaerobic digestion; and

(b)were the installation to have a declared net capacity of more than 50 kilowatts, it would receive accreditation under the ROO were an application to be made for such accreditation.

Textual Amendments

F19Words in art. 6(1) substituted (15.1.2016) by The Feed-in Tariffs (Amendment) (No. 3) Order 2015 (S.I. 2015/2045), arts. 1, 6 (with art. 24)

Exceptions to accreditation applicable to all eligible installationsE+W+S

7.—(1) The Authority must not accredit an eligible installation as an accredited FIT installation where—

(a)the installation has a total installed capacity which exceeds the specified maximum capacity;

(b)the installation is an extension to—

(i)an accredited FIT installation; or

(ii)another installation using an eligible low-carbon energy source,

and the aggregate total installed capacity of the extension and the installation referred to in paragraph (i) or (ii) exceeds the specified maximum capacity; or

(c)electricity from the installation is or has been sold pursuant to a NFFO arrangement.

(2) The Authority must not accredit an eligible installation as an accredited FIT installation where it has good reason to believe that any generating equipment used at the installation has formed part of an installation previously accredited—

(a)under the ROO; or

(b)under this Part.

(3) Subject to paragraph (4) and to article 40(3), the Authority must not accredit an eligible installation as an accredited FIT installation unless the FIT generator has given notice to the Authority that—

(a)no grant from public funds has been made in respect of any of the costs of purchasing or installing the installation; or

(b)where any such grant has been made, the grant has been repaid to the person or authority which made it.

(4) Paragraph (3) does not prohibit the Authority from accrediting an eligible installation where a grant referred to in paragraph (3) has been made and not repaid if the grant is a permitted grant.

(5) In this article—

“NFFO arrangement” has the meaning given to it in the ROO; and

“permitted grant” means a grant made in respect of the reasonable additional costs of an installation to avoid or mitigate environmental harm, where the amount of the grant does not exceed the amount of those costs.

[F21Accreditation on or after 1st April 2019E+W+S

7A.—(1) The Authority must not accredit an eligible installation in respect of which the application date is on or after 1st April 2019 as an accredited FIT installation.

(2) Paragraph (1) does not apply to—

(a)an eligible installation in respect of which—

(i)preliminary accreditation is granted in accordance with article 9(2); and

(ii)the application date is within the relevant period of validity;

(b)an eligible installation which is pre-registered in accordance with article 11(2)(a) or article 12(2)(a), and in respect of which—

(i)the application for pre-registration is received by the Authority on or before 31st March 2019; and

[F22(ii)either—

(aa)the application date is within the period of 1 year beginning with the date on which the Authority received the application for pre-registration; or

(bb)where the date on which the Authority received the application for pre-registration was within the period beginning on 1st March 2019 and ending on 31st March 2019, the application date is on or before 30th September 2020;]

(c)an eligible installation which uses an MCS-FIT technology and which is not pre-registered in accordance with article 11(2)(a) or article 12(2)(a), and in respect of which—

(i)an MCS certificate is issued on or before 31st March 2019; and

(ii)the application date is on or before 31st March 2020; or

(d)an eligible installation to which article 7B applies.

(3) In this article—

“application date” has the meaning given in article 8A(5);

“relevant period of validity” means the period of validity of an eligible installation’s preliminary accreditation, as set out in article 9(8) or (8A).]

Textual Amendments

[F21Certain delays in grid or radar worksE+W+S

7B.—(1) This article applies to an eligible installation in relation to which the conditions in paragraph (2) are met.

(2) The conditions are that—

(a)preliminary accreditation is granted in respect of the eligible installation in accordance with article 9(2);

(b)the last day of the relevant period of validity is on or after 31st March 2019;

(c)the eligible installation is commissioned; and

(d)an application for accreditation of the eligible installation, and the documents specified in paragraph (3) or (4), are received by the Authority within the period of 1 year beginning on the day after the last day of the relevant period of validity.

(3) The documents specified in this paragraph are—

(a)evidence of a grid connection agreement with a relevant network operator for the making of a grid connection in respect of the eligible installation (“the relevant grid works”);

(b)a copy of a document written by, or on behalf of, the relevant network operator which estimated or set a date for completion of the relevant grid works (“the planned grid works completion date”) no later than the last day of the relevant period of validity;

(c)a letter or email written by, or on behalf of, the relevant network operator confirming (whether or not such confirmation is subject to any conditions or other terms) that—

(i)the relevant grid works were completed after the planned grid works completion date; and

(ii)in the relevant network operator’s opinion, the failure to complete the relevant grid works on or before the planned grid works completion date was not due to any breach by the installation developer of any agreement with the relevant network operator; and

(d)a declaration by the FIT generator that, to the best of the FIT generator’s knowledge and belief, the eligible installation would have been commissioned on or before the last day of the relevant period of validity if the relevant grid works had been completed on or before the planned grid works completion date.

(4) The documents specified in this paragraph are—

(a)evidence of an agreement between the installation developer and a person who is not the installation developer (“the radar works agreement”) for radar works (“the relevant radar works”);

(b)a copy of a document written by, or on behalf of, a party to the radar works agreement (other than the installation developer) which estimated or set a date for completion of the relevant radar works (“the planned radar works completion date”) which was no later than the last day of the relevant period of validity;

(c)a letter or email written by, or on behalf of, a party to the radar works agreement (other than the installation developer) confirming (whether or not such confirmation is subject to any conditions or other terms) that—

(i)the relevant radar works were completed after the planned radar works completion date; and

(ii)in that party’s opinion, the failure to complete the relevant radar works on or before the planned radar works completion date was not due to any breach by the installation developer of the radar works agreement; and

(d)a declaration by the FIT generator that, to the best of the FIT generator’s knowledge and belief, the eligible installation would have been commissioned on or before the last day of the relevant period of validity if the relevant radar works had been completed on or before the planned radar works completion date.

(5) In this article—

“grid connection agreement” means an agreement in writing with a relevant network operator for the making of a grid connection;

“installation developer” means the FIT generator or the person who arranged for construction of the eligible installation;

“radar works” means—

(a)

the construction of a radar station;

(b)

the installation of radar equipment;

(c)

the carrying out of modifications to a radar station or to radar equipment; or

(d)

the testing of a radar station or radar equipment;

“relevant network operator” means the holder of a licence under section 6(1)(b) or 6(1)(c) of the 1989 Act;

“relevant period of validity” has the meaning given to it in article 7A(3).]

Textual Amendments

Limit on numbers of eligible installations using combined heat and powerE+W+S

8.—(1) Paragraph (3) applies once the Authority has accredited 30,000 relevant eligible installations.

(2) “Relevant eligible installation” means an installation which—

(a)uses combined heat and power as an eligible low-carbon energy source; and

(b)is powered by fossil fuel.

(3) Where this paragraph applies, the Authority must not accredit any more relevant eligible installations.

(4) In this article, “fossil fuel” has the meaning given to it by section 100(3) of the Act.

[F23The pause periodE+W+S

8A.—(1) Subject to paragraph (4), this article applies to an eligible installation for which the application date is within the pause period.

(2) Where this article applies, the Authority must not accredit the eligible installation until on or after 8th February 2016.

(3) If the eligible installation is accredited—

(a)its eligibility date is the later of—

(i)8th February 2016; or

(ii)the first day of the tariff period within which it qualifies for accreditation; and

(b)its tariff date is the same as its eligibility date.

(4) This article does not apply to—

(a)an eligible installation to which article 8D (transitional installations) applies; or

(b)an eligible installation which has been granted preliminary accreditation, and in respect of which the application for accreditation is made within the period of validity of its preliminary accreditation.

(5) In paragraph (1)—

“the application date” means—

(a)

in relation to an application which meets the conditions in article 4(2), the date on which the application for accreditation is received by the Authority;

(b)

in relation to an application which meets the conditions in article 4(3), the date on which the application for FIT payments is received by a FIT licensee; and

“the pause period” means the period starting on 15th January 2016 and ending on 7th February 2016.]

Textual Amendments

[F23The application limitE+W+S

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 [F24tables] 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) [F25Subject to paragraph (3A),] 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.

[F26(3A) Where by virtue of the operation of paragraph (3) the Authority must determine whether to grant an eligible installation accreditation or preliminary accreditation in any tariff period beginning on or after 1st April 2019, the Authority must determine not to grant the installation accreditation or preliminary accreditation.]

[F26(3B) Where the Authority receives an application for accreditation in respect of a relevant community energy installation, the Authority must determine not to accredit the installation where the application limit for an installation of that particular description for the tariff period beginning on 1st January 2019—

(a)has been exceeded; or

(b)is exceeded by virtue of receipt of the application for accreditation.]

(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;

[F27(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;]F28...

[F29(b)“relevant community energy installation” means an eligible installation—

(i)which is pre-registered in accordance with article 11(2)(a);

(ii)in respect of which the MCS certificate is issued on or after 1st April 2019; and

[F30(iii)in respect of which either—

(aa)the application date is within the period of 1 year beginning with the date on which the Authority received the application for pre-registration; or

(bb)where the date on which the Authority received the application for pre-registration was within the period beginning on 1st March 2019 and ending on 31st March 2019, the application date is on or before 30th September 2020;]

and despite sub-paragraph (a), for the purposes of paragraph (3B) an application for accreditation of a relevant community energy installation is to be treated as being received by the Authority during the tariff period beginning on 1stJanuary 2019;]

[F29(c)“relevant installation” means any eligible installation other than an installation—

(i)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;

(ii)to which article 7B applies; or

(iii)which is a relevant community energy installation.]

Textual Amendments

F24Word in art. 8B(1) substituted (20.3.2017) by The Feed-in Tariffs (Amendment) Order 2017 (S.I. 2017/131), arts. 1, 4

F27Art. 8B(4)(a)(ii) substituted (31.3.2016) by The Feed-in Tariffs (Amendment) Order 2016 (S.I. 2016/319), arts. 1, 4(2)

F28Word in art. 8B(4)(a)(iii) omitted (1.2.2019) by virtue of The Feed-in Tariffs (Closure, etc.) Order 2018 (S.I. 2018/1380), arts. 1, 7(4)(a)

F29Art. 8B(4)(b)(c) substituted for art. 8B(4)(b) (1.2.2019) by The Feed-in Tariffs (Closure, etc.) Order 2018 (S.I. 2018/1380), arts. 1, 7(4)(b)

[F23The application limit: adjustmentsE+W+S

8C.—(1) [F31Subject to paragraph (1A),] this paragraph applies where, at the end of a tariff period (“Tariff Period A”), the aggregate total installed capacity (measured in megawatts) of eligible installations of a particular description, in respect of which applications have been received by the Authority, has not reached the limit for that period as set out in the Table in Schedule 1A for such installations.

[F32(1A) Paragraph (1) does not apply in relation to any tariff period beginning on or after 1st April 2019.]

(2) If paragraph (1) applies, then in relation to the following tariff period (“Tariff Period B”), the application limit NLB, given by the formula below, is to be substituted for the application limit specified in the Table in Schedule 1A—

where—

(a)

ELA is the application limit for Tariff Period A for eligible installations of a particular description;

(b)

MWA is the aggregate total installed capacity of eligible installations of that description in respect of which the Authority received applications in Tariff Period A;

(c)

ELB is the application limit which would, but for this article, apply for Tariff Period B for eligible installations of that description; and

(d)

NLB is the new application limit which will apply for Tariff Period B.]

Textual Amendments

[F23Transitional installationsE+W+S

8D.—(1) This article applies where—

(a)an application has been made to the Authority before 15th January 2016 for accreditation of an eligible installation which is of a type mentioned in article 4(2)(a), whose commissioning date is on or after 15th January 2016; or

[F33(b)an application is made to a FIT licensee between 15th January 2016 and 31st March 2016 for FIT payments for an eligible installation which uses a MSC-FIT technology and whose MCS certificate’s issue date is before 15th January 2016, but is not—

(i)a community energy installation which has been pre-registered in accordance with article 11(pre-registration of community energy installations); or

(ii)a school installation which has been pre-registered in accordance with article 12 (pre-registration of school installations).]

(2) Where this article applies—

(a)in the case of the installation referred to in paragraph (1)(a), its eligibility date will be the later of—

(i)the date on which its application for accreditation was received by the Authority; or

(ii)the date on which the installation is commissioned;

and its tariff date will be the same as its eligibility date; and

(b)in the case of an installation referred to in paragraph (1)(b), its eligibility date and tariff date will be 8th February 2016.]

Textual Amendments