Interpretation
2.—(1) In these Regulations –
“the Authority” means the Northern Ireland Authority for Energy Regulation established under Article 3 of the Energy (Northern Ireland) Order 2003(1);
“biomass” means the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste;
“the Company” means Northern Ireland Electricity plc;
“competent authority” means –
the Authority; and
any Northern Ireland Minister, Minister of the Crown government department, public body of any description or person holding a public office;
“declared net capacity” means the highest generation of electricity (calculated by adding together the highest generation of electricity at the main terminals of each alternator and dynamo) which, on the assumption that the source of power is available uninterruptedly, can be maintained indefinitely without causing damage to the plant, less so much of that electricity as is consumed by the plant;
“the Directive” means Directive 2001/77/EC of the European Parliament and of the Council of 27th September 2001 on the promotion of electricity from renewable energy sources in the internal electricity market(2);
“electricity produced from renewable energy sources” means –
electricity produced by a plant which produces electricity derived only from renewable energy sources;
in the case of a plant which produces electricity derived from both renewable and other energy sources, the proportion of electricity derived from renewable energy sources,
and shall include electricity which is used for filling storage systems, but not electricity produced as a result of such filling of storage systems;
“government department” includes a department of the Government of the United Kingdom;
“guarantee of origin” means, except in relation to regulations 9(2) to (5) and (so far as it relates to guarantees of origin issued in another Member State or Great Britain) 9(6), a certificate issued by the Authority certifying that the electricity in respect of which the certificate is issued was electricity produced from renewable energy sources;
“guarantee sequence number” has the meaning given by regulation 7(4);
“levy exemption certificate” has the same meaning as in regulation 48 of the Climate Change Levy (General) Regulations 2001(3);
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975(4);
“non-Northern Ireland authority” means –
a Member State other than the United Kingdom; or
a body or person in Great Britain or in another Member State corresponding to a competent authority;
“Northern Ireland Ministers” includes the First Minister and the Deputy First Minister;
“qualifying arrangement” means an arrangement made pursuant to the Electricity (Non-Fossil Fuel Sources) Order (Northern Ireland) 1994(5) or the Electricity (Non-Fossil Fuel Sources) Order (Northern Ireland) 1996(6);
“recognise”, in relation to a guarantee of origin, means to recognise in accordance with Article 5 of the Directive as proof of the matters referred to in paragraph 3 of that Article;
“the Register” means the register established by the Authority under regulation 7(1);
“registered holder”, in relation to a guarantee of origin, means the person whose name is shown on the Register in accordance with paragraph 2(a) of Schedule 2 as the last person to whom that guarantee of origin has been transferred or, where there is no person so shown, the person whose name is shown on the Register under paragraph 1(a) of that Schedule as the person to whom the guarantee of origin has been issued;
“registered particulars” means the information entered on the Register, as specified in paragraph 1 of Schedule 2, in relation to a guarantee of origin;
“renewable energy sources” means renewable non-fossil energy sources, that is, wind, solar, geothermal, wave, tidal, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;
“storage system” means a system for the storage of water or any other substance intended for use in the production of electricity produced from renewable energy sources.
(2) Words and phrases used in these Regulations shall have the same meaning as in the Directive.
(3) Any reference in these Regulations to the provision of information “in writing” shall include the provision of such information by electronic mail, facsimile or similar means which are capable of producing a document containing the text of any communication and any reference to certificates or other documents shall be construed as including a reference to such certificates or other documents in electronic form.
(4) The Interpretation Act (Northern Ireland) 1954(7) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.