The Feed-in Tariffs Order 2012

Pre-registration of community energy installations E+W+S

11.—(1) This article applies where a community organisation proposes to commission, or has commissioned, a community energy installation which—

(a) is a solar photovoltaic installation;

(b) is not an extension; and

(c) has a declared net capacity not exceeding 50 kilowatts.

(2) The Authority must, upon receiving an application by a community organisation for pre-registration of a community energy installation referred to in paragraph (1), which the Authority is satisfied meets the conditions in paragraph (3)—

(a) pre-register the installation; and

(b) give notice to the applicant of the pre-registration, and the period for which it is valid.

(3) The conditions are that the application—

(a) specifies—

(i) the eligible low-carbon energy source used, or to be used, by the installation;

(ii) the total installed capacity and declared net capacity of the installation;

(iii) the address of the building to which the installation is wired, or to be wired;

(b) is accompanied by—

(i) evidence that the applicant is a community organisation; and

(ii) an energy performance certificate for the building to which the installation is wired, or to be wired; and

(c) contains such other information as the Authority may require.

(4) A pre-registration under this article is valid for one year beginning with the date on which the Authority received the application for pre-registration.

(5) If an application for FIT payments for a pre-registered community energy installation is received by a FIT licensee during the period of validity of its pre-registration, and the community energy installation is accredited pursuant to that application—

(a) the eligibility date of the installation is the later of—

(i) the date on which the Authority received the application for pre-registration; or

(ii) the date on which the installation was commissioned,

and is not as provided in Standard Licence Condition 33; and

(b) the tariff date of the installation is the date on which the Authority received the application for pre-registration.

(6) In this article—

“community benefit or co-operative society” means—

(a)

a society registered under the Co-operative and Community Benefit Societies and Credit Unions Act 1965 M1 (“the 1965 Act”) as a community benefit society or as a co-operative society; or

(b)

a pre-2010 Act society (as defined in section 4A(1) of the 1965 Act M2 );

“community energy installation” means an eligible installation—

(a)

which is wired to provide electricity to a building which is not a dwelling; and

(b)

in relation to which the FIT generator is a community organisation;

“community interest company” means a company issued a certificate of incorporation under section 36B(1) or 38A(1) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 M3 ;

“community organisation” means—

(a)

a community interest company; or

(b)

a community benefit or co-operative society,

other than such a company or society with more than 50 employees;

“dwelling” has the same meaning as in—

(a)

the Energy Performance of Buildings (Certificates and Inspections) Regulations 2007 M4 , in relation to a building in England or Wales; and

(b)

the Energy Performance of Buildings (Scotland) Regulations 2008 M5 , in relation to a building in Scotland; and

“employee” means an individual who has entered into or works under a contract of employment with the company or society.

Marginal Citations

M1 1965 c.12. The Act is renamed the Co-operative and Community Benefit Societies Act 1965 by section 2 of the Co-operative and Community Benefit Societies Act 2010 (c.7).

M2 Section 4A is inserted by section 1 of the Co-operative and Community Benefit Societies Act 2010 (c.7).

M3 2004 c.27. Sections 36B and 38A were inserted by S.I. 2009/1941.

M4 S.I. 2007/991, to which there are amendments which are not relevant.

M5 S.S.I 2008/309, to which there are amendments which are not relevant.