The Renewables Obligation Order 2015

Accreditation of generating stations E+W

89.—(1) This article applies to the granting of accreditation of generating stations by the Authority, and paragraphs (2) and (3) are subject to paragraph (4).

(2) Where a generating station has been commissioned, the Authority may, upon the application of its operator (or, where ROCs relating to electricity generated by that station are to be issued to an agent by virtue of article 19, that agent), grant the station accreditation.

(3) Where a generating station has been granted preliminary accreditation (and such preliminary accreditation has not been withdrawn) and an application for its accreditation is made under paragraph (2), the Authority must not grant that application if it is satisfied that—

(a) 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,

(b) 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 refused it, or

(c) there has been a change in applicable legislation since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused,

but otherwise the Authority must grant the application.

(4) The Authority must not grant accreditation to a generating station under this article—

(a) if, in the Authority's opinion, the station is unlikely to generate electricity in respect of which ROCs may be issued,

(b) subject to paragraph (5), if the generating station is a potential feed-in tariff generating station,

(c) subject to paragraph (6), if the application for accreditation is not accompanied by the documents specified in paragraph (9),

(d) subject to paragraph (7), if an application for a CFD has been made at any time in relation to the generation of electricity by the station, or

(e) F1 ... if an investment contract has been entered into at any time in relation to the generation of electricity by the station.

(5) Paragraph (4)(b) does not apply if the application for accreditation is accompanied by a notice in writing stating whether support for electricity generated by the station should be given in the form of ROCs or in the form of financial incentives under a feed-in tariff scheme.

(6) Paragraph (4)(c) does not apply if the application for accreditation is in respect of a generating station which—

(a) is a potential feed-in tariff generating station, or

(b) is a microgenerator.

(7) Paragraph (4)(d) does not apply if the application for accreditation is accompanied by the document specified in paragraph (9)(a)(ii).

F2 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) The documents specified in this paragraph are—

(a) either—

(i) a declaration made in writing by the operator of the generating station that an application for a CFD has not been made at any time in relation to the generation of electricity by the station, or

(ii) a declaration made in writing by the operator of the generating station that every application made for a CFD in relation to the generation of electricity by the station has been rejected by the delivery body or by the Secretary of State; and

(b) F3 ...

(i) a declaration made in writing by the operator of the generating station that an investment contract has never been entered into in relation to the generation of electricity by the station, F4 ...

F4 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this article “potential feed-in tariff generating station” means a generating station in relation to which support may be given in the form of financial incentives under the feed-in tariff scheme to encourage the generation of electricity by the station.

Textual Amendments

F1 Words in art. 89(4)(e) omitted (31.12.2020) by virtue of The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/35), reg. 1(2), Sch. 1 para. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 89(8) omitted (31.12.2020) by virtue of The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/35), reg. 1(2), Sch. 1 para. 7(3); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in art. 89(9)(b) omitted (31.12.2020) by virtue of The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/35), reg. 1(2), Sch. 1 para. 7(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 89(9)(b)(ii) and word omitted (31.12.2020) by virtue of The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/35), reg. 1(2), Sch. 1 para. 7(4)(b); 2020 c. 1, Sch. 5 para. 1(1)