The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007

Citation, commencement and extent

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.

Interpretation

2.—(1) In these Regulations—

“[F1 the Energy Efficiency Directive” means Directive 2012/27/EU of the European Parliament and of the Council of 25th October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC, and any reference to Annexes II and X to the Directive is to be construed as a reference to those Annexes as amended from time to time;]

“the competent authority” is the [F2 Secretary of State for Energy and Climate Change];

“Great Britain” includes—

(a)

the territorial sea of the United Kingdom which is adjacent to Great Britain; and

(b)

any area designated under the Continental Shelf Act 1964 M1 ;

(2) In these Regulations—

“CHPGO” means a guarantee of origin of electricity produced from high-efficiency cogeneration M2 ;

“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 [F3 Annex II to the Energy Efficiency Directive].

(3) Expressions used in these Regulations which are also used in the [F4 Energy Efficiency Directive] have the meaning they bear in that Directive.

Textual Amendments

F1 Words in reg. 2(1) substituted (26.6.2014) by The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014 (S.I. 2014/1403), regs. 1(1), 5(2)(a)

F2 Words in reg. 2(1) substituted (5.3.2009) by The Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), art. 1(2), Sch. 2 para. 19(1)

F3 Words in reg. 2(2) substituted (26.6.2014) by The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014 (S.I. 2014/1403), regs. 1(1), 5(2)(b)

F4 Words in reg. 2(3) substituted (26.6.2014) by The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014 (S.I. 2014/1403), regs. 1(1), 5(2)(c)

Marginal Citations

M1 1964 c.29.

M2 Cogeneration is commonly referred to in the United Kingdom as combined heat and power or CHP.

Issue of CHPGOs and designation of the competent authority

3.—(1) CHPGOs shall be issued by the competent authority in accordance with these Regulations.

(2) The [F5 Secretary of State for Energy and Climate Change] is designated as the competent authority [F6 to supervise the issuing of CHPGOs in accordance with Article 14(10) of and Annex X to the Energy Efficiency Directive].

Textual Amendments

F5 Words in reg. 3(2) substituted (5.3.2009) by The Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), art. 1(2), Sch. 2 para. 19(2)

F6 Words in reg. 3(2) substituted (26.6.2014) by The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014 (S.I. 2014/1403), regs. 1(1), 5(3)

Request to issue CHPGOs

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.

Issue and content of CHPGOs

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.

[F7 (2A) A CHPGO—

(a) shall be issued by reference to a standard size of 1 MWh; and

(b) shall relate to the net electricity output measured at the station boundary and exported to the grid.]

(3) A CHPGO—

(a) shall contain the [F8 information required by paragraph (b) of Annex X to the Energy Efficiency Directive]; 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.

Textual Amendments

F7 Reg. 5(2A) inserted (26.6.2014) by The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014 (S.I. 2014/1403), regs. 1(1), 5(4)(a)

F8 Words in reg. 5(3) substituted (26.6.2014) by The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014 (S.I. 2014/1403), regs. 1(1), 5(4)(b)

Replacement CHPGOs

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.

Transfer of CHPGOs

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.

Revocation of CHPGOs

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).

Charging

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.

Recognition of CHPGOs

10.—(1) A public authority shall recognise a CHPGO issued by the competent authority as proof of the matters referred to in [F9 Annex X to the Energy Efficiency 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 [F10 information referred to in paragraph (b) of Annex X to the Energy Efficiency Directive], a CHPGO which has been issued outside Great Britain in accordance with [F11 Article 14(10) of the Energy Efficiency 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 [F12 Article 14(10) of the Energy Efficiency 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.

Textual Amendments

F9 Words in reg. 10(1) substituted (26.6.2014) by The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014 (S.I. 2014/1403), regs. 1(1), 5(5)(a)

F10 Words in reg. 10(3) substituted (26.6.2014) by The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014 (S.I. 2014/1403), regs. 1(1), 5(5)(b)(i)

F11 Words in reg. 10(3) substituted (26.6.2014) by The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014 (S.I. 2014/1403), regs. 1(1), 5(5)(b)(ii)

F12 Words in reg. 10(5) substituted (26.6.2014) by The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014 (S.I. 2014/1403), regs. 1(1), 5(5)(c)

Ian Pearson

Minister of State

Department for Environment, Food and Rural Affairs

Claire Ward

Dave Watts

Two of the Lords Commissioners of Her Majesty's Treasury