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- Point in Time (28/02/2007)
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Version Superseded: 05/03/2009
Point in time view as at 28/02/2007.
There are currently no known outstanding effects for the The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007.
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1.—(1) These Regulations may be cited as the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 and come into force on 28th February 2007.
(2) These Regulations extend to England and Wales and Scotland.
2.—(1) In these Regulations—
“the Cogeneration Directive” means Directive 2004/8/EC M1 of the European Parliament and of the Council on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC M2;
“the competent authority” is the Secretary of State for Environment, Food and Rural Affairs;
“Great Britain” includes—
the territorial sea of the United Kingdom which is adjacent to Great Britain; and
any area designated under the Continental Shelf Act 1964 M3;
(2) In these Regulations—
“CHPGO” means a guarantee of origin of electricity produced from high-efficiency cogeneration M4;
“the CHPGO holder” means the person to whom the CHPGO is issued or transferred;
“guarantee of origin” means, except in relation to paragraphs (3) to (5) of regulation 10, a certificate issued by the competent authority certifying that the electricity in respect of which the certificate is issued is electricity produced from high-efficiency cogeneration;
“high-efficiency cogeneration” means cogeneration of electricity that meets the criteria of Annex III of the Cogeneration Directive.
(3) Expressions used in these Regulations which are also used in the Cogeneration Directive have the meaning they bear in that Directive.
Marginal Citations
M1OJ L 52, 21.2.2004, p.50.
M2OJ L 167, 22.6.1992, p.17.
M4Cogeneration is commonly referred to in the United Kingdom as combined heat and power or CHP.
3.—(1) CHPGOs shall be issued by the competent authority in accordance with these Regulations.
(2) The Secretary of State for Environment, Food and Rural Affairs is designated as the competent authority for the purposes of Article 5(2) of the Cogeneration Directive.
4.—(1) A producer of electricity may request a CHPGO from the competent authority.
(2) No request may be made for a CHPGO where the electricity is produced outside Great Britain.
(3) A request shall not be considered duly made until the competent authority is provided with—
(a)all the information in Schedule 1;
(b)the statement required under paragraph (4); and
(c)any charge payable under regulation 9.
(4) The person making the request shall provide a statement that in respect of the electricity which is the subject of the request—
(a)he is entitled to the issue of a CHPGO under these Regulations; and
(b)he has not made and does not intend to make a request for the issue of a CHPGO to any person outside Great Britain.
5.—(1) Where the competent authority—
(a)receives a request made in accordance with regulation 4; and
(b)is satisfied that the electricity to which the request relates is produced from high-efficiency cogeneration,
the authority shall issue a CHPGO in respect of that electricity.
(2) A CHPGO shall be issued to the person making the request or such other person as that person may request.
(3) A CHPGO—
(a)shall contain the matters set out in Schedule 2; and
(b)may contain such other matters as the competent authority considers appropriate.
(4) Where a CHPGO has been issued but not revoked, no further CHPGO in respect of the electricity to which the CHPGO relates shall be issued by the competent authority.
6.—(1) The CHPGO holder may request the competent authority to issue a replacement CHPGO if—
(a)the CHPGO holder believes that the CHPGO is inaccurate; and
(b)the request is made in writing to the competent authority within 21 days of the issue of the CHPGO.
(2) A request shall—
(a)state the particulars of the CHPGO that the CHPGO holder believes are inaccurate; and
(b)provide all necessary information in support of that request.
(3) The competent authority shall acknowledge to the CHPGO holder the receipt of the request within seven days of receipt.
(4) The competent authority shall, on the basis of the information provided in the request—
(a)decide whether or not to revoke the CHPGO and to issue a replacement CHPGO; and
(b)make that decision within 40 days of the receipt of the request.
(5) The 40-day period may be extended if so agreed by the CHPGO holder and the competent authority.
(6) If the competent authority decides—
(a)to revoke the CHPGO, it shall give written notice under regulation 8(2);
(b)not to revoke the CHPGO, it shall as soon as possible give written notice to the CHPGO holder, with reasons for that decision;
(c)to issue a replacement CHPGO, it shall do so as soon as possible.
7.—(1) If a CHPGO holder no longer operates the plant to which the CHPGO relates, he may request the competent authority to transfer the CHPGO to the person who does operate that plant.
(2) If the competent authority receives—
(a)a written request for a transfer referred to in paragraph (1);
(b)satisfactory evidence of the matters referred to in that paragraph; and
(c)any charge payable under regulation 9,
it shall effect the transfer of the CHPGO.
8.—(1) The competent authority shall revoke a CHPGO where—
(a)it decides the CHPGO is inaccurate;
(b)it is satisfied that the information provided under regulation 4 is incorrect in a material particular; or
(c)it is otherwise satisfied that the CHPGO should not have been issued, is inaccurate or was issued to the wrong person.
(2) Where the competent authority revokes a CHPGO, it shall as soon as possible give written notice to the CHPGO holder.
(3) A CHPGO that is revoked—
(a)under sub-paragraph (1)(a), shall be treated as if it had not been issued;
(b)under sub-paragraphs (1)(b) or (c), shall cease to have effect from the date that notice is given under paragraph (2).
9.—(1) The competent authority may require the payment of a charge from—
(a)a producer of electricity who requests a CHPGO under regulation 4; or
(b)a CHPGO holder who requests a transfer of a CHPGO under regulation 7.
(2) A charge payable under paragraph (1) shall not exceed the costs of the competent authority in complying with the request.
(3) The competent authority shall not be required to issue or transfer a CHPGO until the charge is paid.
10.—(1) A public authority shall recognise a CHPGO issued by the competent authority as proof of the matters referred to in Article 5(5) of the Cogeneration Directive.
(2) For the purposes of this regulation a public authority means any Minister, government department, public body of any description or any person holding public office.
(3) Subject to paragraph (4), a public authority shall recognise, as proof of the matters referred to in paragraphs 4 to 9 of Schedule 2, a CHPGO which has been issued outside Great Britain in accordance with Article 5 of the Cogeneration Directive.
(4) A public authority is not required to recognise, to the extent referred to in paragraph (3), a CHPGO issued outside Great Britain if—
(a)it has been requested to refuse or withdraw such recognition by the authority which issued or supervised the issue of the CHPGO; or
(b)on the basis of objective, transparent and non-discriminatory criteria, it is satisfied that the CHPGO should not have been issued or that refusal of recognition is necessary for the prevention of fraud.
(5) Where a public authority has refused to recognise a CHPGO issued in another Member State, it shall recognise that CHPGO where the Commission of the European Communities requires such recognition under Article 5(6) of the Cogeneration Directive.
(6) Nothing in this regulation shall require a public authority to satisfy itself that a CHPGO issued outside Great Britain has been properly issued.
Ian Pearson
Minister of State
Department for Environment, Food and Rural Affairs
15th January 2007
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty's Treasury
5th February 2007
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