[F132BRenewables obligation certificatesE+W+S
(1)A renewables obligation order may provide for the Authority to issue from time to time, in accordance with such criteria (if any) as are specified in the order, a certificate (“a renewables obligation certificate”) to—
(a)the operator of a generating station,
(b)an electricity supplier or a Northern Ireland supplier, or
(c)if the order so provides, a person of any other description specified in the order.
(2)A renewables obligation certificate is to certify—
(a)the matters within subsection (3) or (4), or
(b)if the order provides that a certificate may certify the matters within subsection (5), (6), (7) or (8), the matters within that subsection.
(3)The matters within this subsection are—
(a)that the generating station, or, in the case of a certificate issued otherwise than to the operator of a generating station, a generating station specified in the certificate, has generated from renewable sources the amount of electricity stated in the certificate, and
(b)that it has been supplied by an electricity supplier to customers in Great Britain (or the part of Great Britain stated in the certificate).
(4)The matters within this subsection are—
(a)that the generating station, or, in the case of a certificate issued otherwise than to the operator of a generating station, a generating station specified in the certificate, has generated from renewable sources the amount of electricity stated in the certificate,
(b)that the generating station in question is not a generating station mentioned in Article 54(1) of the Energy (Northern Ireland) Order 2003, and
(c)that the electricity has been supplied by a Northern Ireland supplier to customers in Northern Ireland.
(5)The matters within this subsection are—
(a)that two or more generating stations have, between them, generated from renewable sources the amount of electricity stated in the certificate, and
(b)that it has been supplied by an electricity supplier to customers in Great Britain (or the part of Great Britain stated in the certificate).
(6)The matters within this subsection are—
(a)that two or more generating stations have, between them, generated from renewable sources the amount of electricity stated in the certificate,
(b)that none of them is a generating station mentioned in Article 54(1) of the Energy (Northern Ireland) Order 2003, and
(c)that the electricity has been supplied by a Northern Ireland supplier to customers in Northern Ireland.
(7)The matters within this subsection are—
(a)that the generating station, or, in the case of a certificate issued otherwise than to the operator of a generating station, a generating station specified in the certificate, has generated from renewable sources the amount of electricity stated in the certificate, and
(b)that the electricity has been used in a permitted way.
(8)The matters within this subsection are—
(a)that two or more generating stations have, between them, generated from renewable sources the amount of electricity stated in the certificate, and
(b)that the electricity has been used in a permitted way.
(9)For the purposes of subsections (7) and (8), electricity generated by a generating station, or generating stations, of any description is used in a permitted way if—
(a)it is used in one of the ways mentioned in subsection (10), and
(b)that way is specified in the order as a permitted way—
(i)in relation to all generating stations, or
(ii)in relation to generating stations of that description.
(10)Those ways are—
(a)being consumed by the operator of the generating station or generating stations by which it was generated;
(b)being supplied to customers in Great Britain through a private wire network;
(c)being provided to a distribution system or a transmission system in circumstances in which its supply to customers cannot be demonstrated;
(d)being used, as respects part, as mentioned in one of paragraph (a), (b) or (c) and as respects the remainder—
(i)as mentioned in one of the other paragraphs, or
(ii)as respects part, as mentioned in one of the other paragraphs and as respects the remainder as mentioned in the other;
(e)being used, as respects part, as mentioned in paragraph (a), (b), (c) or (d) and as respects the remainder by being supplied by an electricity supplier to customers in Great Britain or by a Northern Ireland supplier to customers in Northern Ireland, or both.
(11)For the purposes of subsection (10)(b) electricity is supplied through a private wire network if it is conveyed to premises by a system which is used for conveying electricity from a generating station in circumstances where—
(a)the operator of the generating station is exempt from section 4(1)(c) and does not hold a supply licence, and
(b)the electricity is supplied to one or more customers—
(i)by the operator directly, or
(ii)by a person to whom the operator supplies the electricity, being a person who is exempt from section 4(1)(c) and does not hold a supply licence.
(12)In this section “generating station”—
(a)in the case of an order made by the Scottish Ministers, means a generating station which is situated in Scotland;
(b)in the case of an order made by the Secretary of State, means a generating station which is not situated in Scotland.
(13)For this purpose “Scotland” is to be construed in accordance with section 32(3).]
Textual Amendments
F1Ss. 32-32M substituted for (26.11.2008 for specified purposes, 1.4.2009 in so far as not already in force) by Energy Act 2008 (c. 32), ss. 37, 110(1)(a) (with s. 38); S.I. 2009/45, art. 3(a) (with art. 5)