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4.—(1) Article 35 is amended as follows.
(2) After paragraph (3) insert—
“(3A) But paragraph (3) does not apply in the case of relevant electricity generated using pre-2013 capacity by a relevant qualifying CHP station unless a declaration has been made in accordance with paragraph (7) in respect of the pre-2013 capacity of the station.
(3B) In paragraph (3A), “relevant qualifying CHP station” means a qualifying CHP station that—
(a)was accredited on or before 31st March 2013; and
(b)became a qualifying CHP station for the first time on or after the date on which the Renewables Obligation (Amendment) Order 2018 comes into force.”.
(3) In paragraph (7)—
(a)in sub-paragraph (b) after “in respect of the” insert “pre-2013 capacity,”;
(b)after sub-paragraph (b) insert—
“(ba)in the case of a declaration made in respect of the pre-2013 capacity of the station, it confirms that—
(i)pre-2013 capacity forms part of the total installed capacity of the station, and
(ii)support has not been given under any relevant scheme for heat produced by the use of that generating capacity;”.
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