The Feed-in Tariffs Order 2012

Pre-registration of community energy installations E+W+S

11.—(1) This article applies where a community organisation proposes to commission, or has commissioned, a community energy installation which—

(a) is a solar photovoltaic installation;

(b) is not an extension; and

(c) has a declared net capacity not exceeding 50 kilowatts.

(2) [F1 Subject to paragraph (2A),] the Authority must, upon receiving an application by a community organisation for pre-registration of a community energy installation referred to in paragraph (1), which the Authority is satisfied meets the conditions in paragraph (3)—

(a) pre-register the installation; and

(b) give notice to the applicant of the pre-registration, and the period for which it is valid.

[F2 (2A) The Authority must not pre-register a community energy installation in respect of which an MCS certificate has not been issued where, at the time that the application for pre-registration is received by the Authority, the application limit for installations of that particular description for the tariff period beginning on 1st January 2019—

(a) has been exceeded; or

(b) would be exceeded if an MCS certificate were to be issued for the installation during the tariff period beginning on 1st January 2019.]

(3) The conditions are that the application [F3 is received by the Authority on or before 31st March 2019, and]—

(a) specifies—

(i) the eligible low-carbon energy source used, or to be used, by the installation;

(ii) the total installed capacity and declared net capacity of the installation;

(iii) the address of the building to which the installation is wired, or to be wired;

(b) is accompanied by—

(i) evidence that the applicant is a community organisation; and

(ii) an energy performance certificate for the building to which the installation is wired, or to be wired; and

(c) contains such other information as the Authority may require.

[F4 (4) A pre-registration under this article is valid—

(a) for one year beginning with the date on which the Authority received the application for pre-registration; or

(b) 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, [F5 for 24 months beginning with the date on which the Authority received the application for pre-registration].]

(5) If an application for FIT payments for a pre-registered community energy installation is received by a FIT licensee during the period of validity of its pre-registration, and the community energy installation is accredited pursuant to that application—

[F6 (a) where the application for pre-registration was received by the Authority before 1st October 2015—

(i) the eligibility date of the installation is the later of the—

(aa) date on which the Authority received the application for pre-registration; or

(bb) date on which the installation was commissioned; and

(ii) the tariff date is the date on which the Authority received the application for pre-registration;]

[F6 (b) where the application for pre-registration was received by the Authority after 30th September 2015 but before 15th January 2016—

(i) the eligibility date of the installation is the later of—

(aa) the date on which the Authority received the application for pre-registration; or

(bb) the date on which the installation is commissioned, and

(ii) the tariff date is the same date as the eligibility date;]

[F6 (c) where the installation was commissioned before 15th January 2016 but the application for pre-registration was received by the Authority on or after 15th January 2016—

(i) the eligibility date is the later of—

(aa) the date on which the Authority received the application for pre-registration; or

(bb) the first date of the tariff period within which the installation qualifies for accreditation; and

(ii) the tariff date is the same as the eligibility date;]

[F6 (d) where the installation is commissioned and its application for pre-registration is received by the Authority on or after 8th February 2016 [F7 , and its MCS certificate is issued on or before 31st March 2019]—

(i) the eligibility date is the later of—

(aa) the date on which the Authority received the application for pre-registration; or

(bb) the first date of the tariff period within which the installation qualifies for accreditation; and

(ii) the tariff date is the first day of the tariff period within which the installation qualifies for accreditation][F8 ; and]

[F9 (e) where the installation’s MCS certificate is issued on or after 1st April 2019—

(i) the eligibility date is the date on which the application for FIT payments is received by a FIT licensee; and

(ii) the tariff date is 1st January 2019.]

(6) In this article—

[F10 “charity” means a charity—

(a)

registered in the register of charities kept by the Charity Commission in accordance with section 29 of the Charities Act 2011; or

(b)

as defined by section 106 (interpretation) of the Charities and Trustee Investment (Scotland) Act 2005;]

[F11 “community benefit or co-operative society” means a society registered under the Co-operative and Community Benefit Societies Act 2014 as a community benefit society or as a co-operative society;]

“community energy installation” means an eligible installation—

(a)

which is wired to provide electricity to a building which is not a dwelling; and

(b)

in relation to which the FIT generator is a community organisation;

“community interest company” means a company issued a certificate of incorporation under section 36B(1) or 38A(1) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 M1 ;

[F12 “community organisation” means—

(a)

any of the following which has 50 or fewer employees—

(i)

a charity;

(ii)

a community benefit or co-operative society; or

(iii)

a community interest company; or

(b)

a subsidiary (as defined in section 1159 of the Companies Act 2006), wholly owned by a charity, where the subsidiary has 50 or fewer employees and the parent charity has 50 or fewer employees;]

“dwelling” has the same meaning as in—

(a)

[F13 the Energy Performance of Buildings (England and Wales) Regulations 2012;] in relation to a building in England or Wales; and

(b)

the Energy Performance of Buildings (Scotland) Regulations 2008 M2 , in relation to a building in Scotland; and

“employee” means an individual who has entered into or works under a contract of employment with the company or society.

Textual Amendments

F1 Words in art. 11(2) inserted (1.2.2019) by The Feed-in Tariffs (Closure, etc.) Order 2018 (S.I. 2018/1380), arts. 1, 11(2)

F2 Art. 11(2A) inserted (1.2.2019) by The Feed-in Tariffs (Closure, etc.) Order 2018 (S.I. 2018/1380), arts. 1, 11(3)

F3 Words in art. 11(3) inserted (1.2.2019) by The Feed-in Tariffs (Closure, etc.) Order 2018 (S.I. 2018/1380), arts. 1, 11(4)

F4 Art. 11(4) substituted (31.3.2020) by The Feed-in Tariffs (Amendment) (Coronavirus) Order 2020 (S.I. 2020/375), arts. 1, 6(2)

F5 Words in art. 11(4)(b) substituted (30.9.2020) by The Feed-in Tariffs (Amendment) (Coronavirus) (No. 2) Order 2020 (S.I. 2020/957), arts. 1, 6(2)

F6 Art. 11(5)(a)-(d) substituted for art. 11(5)(a)(b) (15.1.2016) by The Feed-in Tariffs (Amendment) (No. 3) Order 2015 (S.I. 2015/2045), arts. 1, 10 (with art. 24)

F7 Words in art. 11(5)(d) inserted (1.2.2019) by The Feed-in Tariffs (Closure, etc.) Order 2018 (S.I. 2018/1380), arts. 1, 11(5)(a)

F8 Word in art. 11(5)(d)(ii) inserted (1.2.2019) by The Feed-in Tariffs (Closure, etc.) Order 2018 (S.I. 2018/1380), arts. 1, 11(5)(b)

F9 Art. 11(5)(e) inserted (1.2.2019) by The Feed-in Tariffs (Closure, etc.) Order 2018 (S.I. 2018/1380), arts. 1, 11(5)(c)

F10 Words in art. 11(6) inserted (1.4.2015) by The Feed-in Tariffs (Amendment) Order 2015 (S.I. 2015/35), arts. 1, 6(a)

F11 Words in art. 11(6) substituted (1.4.2015) by The Feed-in Tariffs (Amendment) Order 2015 (S.I. 2015/35), arts. 1, 6(b)

F12 Words in art. 11(6) substituted (1.4.2015) by The Feed-in Tariffs (Amendment) Order 2015 (S.I. 2015/35), arts. 1, 6(c)

F13 Words in art. 11(6) substituted (1.7.2013) by The Feed-in Tariffs (Amendment) Order 2013 (S.I. 2013/1099), arts. 1, 4

Marginal Citations

M1 2004 c.27. Sections 36B and 38A were inserted by S.I. 2009/1941.

M2 S.S.I 2008/309, to which there are amendments which are not relevant.