SCHEDULES
SCHEDULE 6Community electricity right regulations
PART 1The right to buy
Identification of qualifying facilities
I13
1
Right to buy regulations must make provision enabling those renewable electricity generation facilities which are qualifying facilities to be identified.
2
The regulations may make provision enabling the following to be identified—
a
different renewable electricity generation facilities located at the same site;
b
any facility at that site which is a qualifying facility.
3
The regulations may make provision enabling the following to be identified in cases where there is expansion at a site where a renewable electricity generation facility is located—
a
any new renewable electricity generation facility created by the expansion;
b
any facility at that site which is a qualifying facility (including any existing facility which becomes a qualifying facility because its total installed capacity is expected to be 5 megawatts or more as a result of the expansion).
4
Right to buy regulations may make provision about cases in which the right to buy is not to be exercisable in relation to a renewable electricity generation facility which would otherwise be a qualifying facility (an “excepted facility”).
5
The functions that may be conferred by regulations under sub-paragraph (4) (in accordance with section 39(1)) include—
a
the function of determining whether or not a renewable electricity generation facility is an excepted facility;
b
the function of specifying that a particular renewable electricity generation facility is an excepted facility.
6
The regulations may provide for an excepted facility to be identified by reference to one or more of the following factors—
a
community ownership of the facility;
b
community ownership of a stake in the facility;
c
non-participation in a statutory energy scheme (whether or not there could be participation in the scheme in respect of the facility).