The Feed-in Tariffs (Amendment) (No. 2) Order 2015

Statutory Instruments

2015 No. 1659

Electricity

The Feed-in Tariffs (Amendment) (No. 2) Order 2015

Made

8th September 2015

Laid before Parliament

9th September 2015

Coming into force

30th September 2015

The Secretary of State, in exercise of the powers conferred by sections 43(3)(a) and 104(2) of the Energy Act 2008(1), makes the following Order:

Citation and commencement

1.  This Order may be cited as the Feed-in Tariffs (Amendment) (No. 2) Order 2015 and comes into force on 30th September 2015.

Amendment to the Feed-in Tariffs Order 2012

2.—(1) This Order amends the Feed-in Tariffs Order 2012(2) (“the 2012 Order”).

(2) A reference in this Order to a numbered article is to the article so numbered in the 2012 Order.

Article 9 (preliminary accreditation)

3.  In article 9 (preliminary accreditation)—

(a) for paragraph (1), substitute—

“(1) This article applies where a person (“the prospective FIT generator”)—

(a) proposes to construct or operate an eligible installation (other than an extension) which, when commissioned, will—

(i) use anaerobic digestion;

(ii) be a hydro generating station; or

(iii) be a wind or solar photovoltaic installation, and have a declared net capacity of more than 50 kilowatts; and

(b) makes an application in writing to the Authority for preliminary accreditation, which is received by the Authority on or before 30th September 2015.”; and

(b) in paragraph (2), for “upon an application in writing by the prospective FIT generator,”, substitute “upon receiving the application referred to in paragraph (1)(b),”.

Article 11 (pre-registration of community energy installations)

4.  In article 11 (pre-registration of community energy installations), in paragraph (5), for sub-paragraph (b), substitute—

“(b) the tariff date of the installation is—

(i) for installations where the Authority received the application for pre-registration on or before 30th September 2015, the date on which the Authority received the application for pre-registration; or

(ii) for installations where the Authority received the application for pre-registration after 30th September 2015, the same date as its eligibility date.”.

Amber Rudd

Secretary of State

Department of Energy and Climate Change

8th September 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which extends to Great Britain, amends the Feed-in Tariffs Order 2012 (S.I. 2012/ 2782) (“the 2012 Order”).

The Order removes the ability of a prospective generator to apply for preliminary accreditation of an installation for feed-in tariffs before the installation is commissioned by inserting a cut-off date of 30th September 2015 into article 9 (preliminary accreditation) of the 2012 Order, so that the article only applies in respect of applications received by the Authority on or before that date.

The Order also amends article 11 (pre-registration of community energy installations) of the 2012 Order so that where an application for pre-registration is received by the Authority by 30th September 2015, when the installation is subsequently accredited for feed-in tariffs, the generator will no longer always receive the tariff applicable at the date of receipt of the application for pre-registration, but will instead receive the tariff applicable at the later of that date, or the date on which the installation is commissioned.

An impact assessment has been prepared in respect of the review of the Feed-in Tariffs scheme and can be obtained from the Department of Energy and Climate Change, 3 Whitehall Place, London SW1A 2AW or on www.gov.uk .

(1)

2008 c. 32.

(2)

S.I. 2012/2782 as amended by S.I. 2013/1099, 2014/1601, 2014/2865 and 2015/35.