C3C4C5C1C2 Part I ELECTRICITY SUPPLY
Pt. I modified (S.) (30.11.2005) by The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (S.S.I. 2005/549), arts. 1(1), 9
Pt. 1 excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 7(2) (with art. 26)
Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)
Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10
Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)
Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))
Protection of public interest
32TF1NI certificates
1
A certificate purchase order may (subject to subsection (3)) provide for the Northern Ireland authority to issue from time to time, in accordance with such criteria (if any) as are specified in the order, a certificate (“a NI certificate”) to—
a
the operator of a generating station in Northern Ireland, or
b
if the order so provides, a person of any other description.
2
A NI certificate is to certify—
a
the matters within subsection (4), or
b
if the order provides that a certificate may certify the matters within subsection (5), (6) or (7), the matters within that subsection.
3
A NI certificate certifying that an amount of electricity has been generated from renewable sources in any period may not be issued if—
a
an order under Article 52 of the Energy (Northern Ireland) Order 2003 is in force, and
b
a Northern Ireland RO certificate has been, or could be, issued under that order in respect of the same electricity.
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 in Northern Ireland 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 a Northern Ireland supplier to customers in Northern Ireland.
5
The matters within this subsection are—
a
that two or more generating stations in Northern Ireland have, between them, generated from renewable sources the amount of electricity stated in the certificate, and
b
that it has been supplied by a Northern Ireland supplier to customers in Northern Ireland.
6
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 in Northern Ireland 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.
7
The matters within this subsection are—
a
that two or more generating stations in Northern Ireland 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.
8
For the purposes of subsections (6) and (7), 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 (9), 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.
9
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 Northern Ireland through a private wire network;
c
being provided to a distribution system located in Northern Ireland, or to transmission system located in Northern Ireland, in circumstances in which its supply to customers in Northern Ireland cannot be demonstrated;
d
being used, as respects part, as mentioned in one of paragraphs (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 a Northern Ireland supplier to customers in Northern Ireland.
10
Paragraph (9) of Article 54 of the Energy (Northern Ireland) Order 2003 (meaning of supply of electricity through a private wire network) applies for the purposes of subsection (9)(b) as it applies for the purposes of paragraph (8)(b) of that Article.
Pt. I modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 184(12), 185(13), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1