The Renewables Obligation Order (Northern Ireland) 2009

Articles 6, 7, 9, 10 and 12

SCHEDULE 1 N.I. CALCULATION OF THE OBLIGATION

Commencement Information

I1 Sch. 1 in operation at 1.4.2009, see art. 1

Obligation period	Number of renewables obligation certificates per megawatt hour of electricity supplied in Great Britain	Number of renewables obligation certificates per megawatt hour of electricity supplied in Northern Ireland
1st April 2009 to 31st March 2010	0.097	0.035
1st April 2010 to 31st March 2011	0.104	0.040
1st April 2011 to 31st March 2012	0.114	0.050
1st April 2012 to 31st March 2013	0.124	0.063
1st April 2013 to 31st March 2014	0.134	0.063
1st April 2014 to 31st March 2015	0.144	0.063
1st April 2015 to 31st March 2016	0.154	0.063
Each subsequent period of twelve months ending with the period of twelve months ending on 31st March 2027	0.154	0.063

Articles 25, 28, 29 and 31

SCHEDULE 2 N.I. ELECTRICITY TO BE STATED IN NIROCs

PART 1 N.I. INTERPRETATION

1.—(1) In this Schedule— N.I.

“AD” means electricity generated from gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill;

“advanced gasification” means electricity generated from a gaseous fuel which is produced from waste or biomass by means of gasification, and has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station of at least 4 megajoules per metre cubed;

“advanced pyrolysis” means electricity generated from a liquid or gaseous fuel which is produced from waste or biomass by means of pyrolysis, and

(a)

in the case of a gaseous fuel, has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station of at least 4 megajoules per metre cubed, and

(b)

in the case of a liquid fuel, has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station of at least 10 megajoules per kilogram;

“co-firing of biomass” means electricity generated from regular biomass in a month in which the generating station generates electricity partly from fossil fuel and partly from renewable sources;

“co-firing of biomass with CHP” means electricity generated from regular biomass by a qualifying combined heat and power generating station in a month in which it generates electricity partly from fossil fuel and partly from renewable sources, and where the fossil fuel and regular biomass have been burned in separate boilers or engines.

“co-firing of energy crops” means electricity generated from energy crops in a month in which the generating station generates electricity partly from fossil fuel and partly from renewable sources;

“co-firing of energy crops with CHP” means electricity generated from energy crops by a qualifying combined heat and power generating station in a month in which it generates electricity partly from fossil fuel and partly from renewable sources, and where the fossil fuel and energy crops have been burned in separate boilers or engines.

“dedicated biomass” means electricity generated from regular biomass in a month in which the generating station generates electricity only from regular biomass or only from biomass;

“dedicated energy crops” means electricity generated from energy crops in a month in which the generating station generates electricity only from energy crops or only from biomass;

“electricity generated from landfill gas” means electricity generated from gas formed by the digestion of material in a landfill;

“electricity generated from sewage gas” means electricity generated from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed);

“energy from waste with CHP” means electricity generated from the combustion of waste (other than a fuel produced by means of anaerobic digestion, gasification or pyrolysis) in a qualifying combined heat and power generating station in a month in which the station generates electricity only from renewable sources and those renewable sources include waste which is not biomass;

“geopressure” means electricity generated using naturally occurring subterranean pressure;

“geothermal” means electricity generated using naturally occurring subterranean heat;

“hydroelectric” means electricity generated by a hydro generating station;

“offshore wind” means electricity generated from wind by a generating station that is offshore, and a generating station is offshore if—

(a)

its turbines are situated wholly in offshore waters, and

(b)

it is not connected to dry land by means of a permanent structure which provides access to land above the mean low water mark;

“onshore wind” means electricity generated from wind by a generating station that is not offshore;

“solar photovoltaic” means electricity generated from the direct conversion of sunlight into electricity;

“standard gasification” means electricity generated from a gaseous fuel which is produced from waste or biomass by means of gasification, and has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least 2 megajoules per metre cubed but is less than 4 megajoules per metre cubed;

“standard pyrolysis” means electricity generated from a gaseous fuel which is produced from waste or biomass by means of pyrolysis, and has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least 2 megajoules per metre cubed but is less than 4 megajoules per metre cubed;

“tidal impoundment – tidal barrage” means electricity generated by a generating station driven by the release of water impounded behind a barrier using the difference in tidal levels where the barrier is connected to both banks of a river and the generating station has a declared net capacity of less than 1 gigawatt;

“tidal impoundment – tidal lagoon” means electricity generated by a generating station driven by the release of water impounded behind a barrier using the difference in tidal levels where the barrier is not a tidal barrage and the generating station has a declared net capacity of less than 1 gigawatt;

“tidal stream” means electricity generated from the capture of the energy created from the motion of naturally occurring tidal currents in water.

“wave” means electricity generated from the capture of energy created from the motion of naturally occurring waves on water.

(2) For the purposes of this Schedule—

(a) fossil fuel does not include waste which is a renewable source; and

(b) in determining how electricity has been generated, no account is to be taken of any fossil fuel or waste which a generating station uses for permitted ancillary purposes.

Commencement Information

I2 Sch. 2 para. 1 in operation at 1.4.2009, see art. 1

Articles 25(4) and (5) and 31(3)

PART 2 N.I. AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs GENERALLY

Commencement Information

I3 Sch. 2 Pt. 2 in operation at 1.4.2009, see art. 1

Generation type	Amount of electricity to be stated in a NIROC
Electricity generated from landfill gas	4 megawatt hours
Electricity generated from sewage gas	2 megawatt hours
Co-firing of biomass
Onshore wind
Hydro-electric
Co-firing of energy crops
Energy from waste with CHP	1 megawatt hour
Geopressure
Co-firing of biomass with CHP
Standard gasification
Standard pyrolysis
Offshore wind
Dedicated biomass	2/3 megawatt hour
Co-firing of energy crops with CHP
Wave
Tidal-stream
Advanced gasification
Advanced pyrolysis
AD
Dedicated energy crops	½ megawatt hour
Dedicated biomass with CHP
Dedicated energy crops with CHP
Solar photovoltaic
Geothermal
Tidal impoundment – tidal barrage
Tidal impoundment – tidal lagoon

Article 28(3)

PART 3 N.I. AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs WHERE ARTICLE 28(3) APPLIES

Commencement Information

I4 Sch. 2 Pt. 3 in operation at 1.4.2009, see art. 1

Generation type	Amount of electricity to be stated in a NIROC
Electricity generated from landfill gas Electricity generated from sewage gas Offshore wind Wave Solar photovoltaic	1 megawatt hour

Article 28(5) and (6) and 29

PART 4 N.I. AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs WHERE ARTICLE 28(5) OR ARTICLE 29(4) APPLIES

Commencement Information

I5 Sch. 2 Pt. 4 in operation at 1.4.2009, see art. 1

Generation type	Amount of electricity to be stated in a NIROC
Electricity generated from landfill gas Electricity generated from sewage gas	1 megawatt hour

Article 51

SCHEDULE 3 N.I. The NIROC Register

1.  The Authority must maintain the Register referred to in Article 51 (which may be in electronic form) at one or more of its premises. N.I.

Commencement Information

I6 Sch. 3 para. 1 in operation at 1.4.2009, see art. 1

2.  The Register must identify whether or not a NIROC subsists and details of its particulars. N.I.

Commencement Information

I7 Sch. 3 para. 2 in operation at 1.4.2009, see art. 1

3.  Particulars of a NIROC comprise— N.I.

(a) the name of the person to whom the Authority issues the NIROC or, where the Authority has amended the Register in dealing with a request for substitution in accordance with paragraph 7, the name of the substitute (“the registered holder”); and

(b) an identifier unique to the NIROC (“the NIROC identifier”) determined by the Authority and containing the following information (or reference to that information in coded format)—

(i) the month and year during which the electricity was generated;

(ii) the location of the generating station or, where the NIROC certifies the matters within Article 54(4) or (6) of the Energy Order, the location of the agent to whom, by virtue of Article 33, the NIROC was issued;

(iii) a description of that generating station or, where the NIROC certifies the matters within Article 54(4) or (6) of the Energy Order, the generating stations to which the NIROC relates, including reference to the renewable source or sources used by it or them to generate electricity;

(iv) the date of issue of the NIROC; and

(v) the number given to the NIROC by the Authority

Commencement Information

I8 Sch. 3 para. 3 in operation at 1.4.2009, see art. 1

4.  A person may only be the registered holder of a NIROC or have an entry made and maintained in respect of them under Article 51(3)(b) if they provide to the Authority in writing— N.I.

(a) evidence of their identity; and

(b) where persons are authorised to act on their behalf in respect of the production of NIROCs under Article 5(2) or in respect of requests for amendments to be made to the Register as provided for in this Schedule, details of those persons.

Commencement Information

I9 Sch. 3 para. 4 in operation at 1.4.2009, see art. 1

5.  The Authority may from time to time draw up procedural guidelines for itself and others to assist it in maintaining the Register and carrying out its functions in respect thereof. N.I.

Commencement Information

I10 Sch. 3 para. 5 in operation at 1.4.2009, see art. 1

6.  The Authority must delete from the Register— N.I.

(a) any NIROC which has been revoked by it;

(b) any NIROC which has been produced to it under Article 5(2);

(c) any NIROC which is no longer eligible to be produced to it under Article 5(2);

(d) any NIROC which it is asked to delete from the Register by the registered holder of the NIROC; or

(e) any NIROC which has been according to the Great Britain authority produced to the Great Britain authority by a Great Britain designated supplier under a GBRO Order;

and where it is so deleted, it cannot thereafter be produced as the evidence or part of the evidence required under Article 5(2).

Commencement Information

I11 Sch. 3 para. 6 in operation at 1.4.2009, see art. 1

7.  Where the registered holder of a NIROC and a person whom the holder wishes to be the registered holder of it require the Register be amended, by substituting for the name of the registered holder the name of the other person (“the substitute”), (who must be a person whose name is included on the list referred to in Article 51(3)(b)— N.I.

(a) the registered holder and the substitute must each submit to the Authority in writing requests which are identical in all material respects; and

(b) where the requirements of sub-paragraph (a) are met, the Authority must, within 5 banking days after the banking day on which (at the commencement of its working hours) it is first in possession of the requests, amend the particulars of the NIROC recorded in the Register to show the substitute as the registered holder.

Commencement Information

I12 Sch. 3 para. 7 in operation at 1.4.2009, see art. 1

8.  Where the Authority receives requests under paragraph 7(a) it must inform both the registered holder of the NIROC and the substitute that the requests have been received and, in the event that the requests are not identical in all material respects, must draw this to their attention. N.I.

Commencement Information

I13 Sch. 3 para. 8 in operation at 1.4.2009, see art. 1

9.  Where— N.I.

(a) a NIROC is issued under this Order, or

(b) a substitute is recorded as the registered holder of a NIROC pursuant to paragraph 7,

the Authority must notify the registered holder, or as the case may be, the former and new registered holder of that fact in writing within 5 banking days of the issue or substitution having taken place.

Commencement Information

I14 Sch. 3 para. 9 in operation at 1.4.2009, see art. 1

10.  The substitute cannot be the registered holder of a NIROC until such time as the particulars of the NIROC recorded in the Register identify the substitute as such. N.I.

Commencement Information

I15 Sch. 3 para. 10 in operation at 1.4.2009, see art. 1

11.  The Register may be amended by a decision of the Authority— N.I.

(i) where the Authority is satisfied that an entry in the Register has been obtained by fraud;

(ii) where a decision of a Court of competent jurisdiction or the operation of law requires the amendment of the Register;

(iii) where the Authority is satisfied that, for some other reason, it is necessary to amend the Register (for example, because an entry in it is incorrect).

Commencement Information

I16 Sch. 3 para. 11 in operation at 1.4.2009, see art. 1

12.  The contents of the Register (including the entries referred to in Article 51(3)(b)) must be available for inspection by the public on request at reasonable notice during the Authority’s working hours and at the request of any person the Authority must provide a written statement of any entry on the Register including any entry referred to in Article 51(3)(b). N.I.

Commencement Information

I17 Sch. 3 para. 12 in operation at 1.4.2009, see art. 1

13.  Where any person considers that an entry maintained in respect of them under Article 51(3)(b) should be amended or deleted, they may apply to the Authority in writing requesting that the entry be amended or deleted. N.I.

Commencement Information

I18 Sch. 3 para. 13 in operation at 1.4.2009, see art. 1

14.  The Authority must in any procedural guidelines which it produces provide details of its usual working hours. N.I.

Commencement Information

I19 Sch. 3 para. 14 in operation at 1.4.2009, see art. 1

15.  “Banking day” means a day on which banks are generally open in the City of London excluding Saturdays or Sundays. N.I.

Commencement Information

I20 Sch. 3 para. 15 in operation at 1.4.2009, see art. 1