38A

1

No periodic support payments may be made in relation to any heat generated by any capacity of a CHP system to which paragraph (2) or (3) applies.

2

This paragraph applies to capacity which generated heat and electricity before 1st May 2013 and which—

a

uses solid biomass or solid biomass contained in municipal waste to generate heat and electricity, and

b

forms part of a generating station which—

i

is accredited under the NIRO, and

ii

is or at any time since it was so accredited, has been a qualifying combined heat and power generating station within the meaning of article 2 of the Renewables Obligation Order.

3

This paragraph applies to capacity which first generates heat and electricity on or after 1st October 2015 and—

a

which—

i

uses solid biomass to generate heat and electricity;

ii

forms part of a generating station which is accredited under the NIRO, and

iii

is capacity in respect of which a declaration made in accordance with article 26(8) of the Renewables Obligation Order; has been made; or

b

which—

i

uses solid biomass contained in municipal waste to generate heat and electricity;

ii

forms part of a generating station which is accredited under the NIRO; and

iii

forms part of a generating station which is or at any time since it was so accredited, has been a qualifying combined heat and power generating station within the meaning of article 2 of the Renewables Obligation Order.

4

For the purpose of this regulation, “the Renewables Obligation Order” means the Renewables Obligation Order (Northern Ireland) 20094.