The Feed-in Tariffs Order 2012

Accreditation of eligible installationsE+W+S

This section has no associated Explanatory Memorandum

5.—(1) The Authority must carry out accreditation as provided by this article.

[F1(1A) The Authority must, subject to paragraph (1B)—

(a)determine whether to accredit eligible installations of a particular description which meet the conditions in article 4(2) in the order in which applications for accreditation of such installations are received by the Authority; and

(b)determine whether to accredit eligible installations of a particular description which meet the conditions in article 4(3) in the order in which the installations’ MCS certificates were issued.]

[F1(1B) Paragraph (1A)(a) does not apply to eligible installations—

(a)that have been granted preliminary accreditation and in respect of which an application for accreditation is made within the period of validity of that preliminary accreditation; F2...

(b)to which article 8D (transitional installations) applies. [F3; or]

[F4(c)to which article 7B applies.]]

(2) The Authority must accredit an eligible installation if article 6 is satisfied [F5but must not do so—

(a)if article 7 [F6, 7A(1)] or 8 applies;

(b)during the pause period, if article 8A applies; or

(c)in a particular tariff period, if article 8B applies in relation to that tariff period and particular description of eligible installation].

(3) Where the Authority accredits an eligible installation, it may attach such conditions as it considers appropriate.

(4) Where the Authority accredits an eligible installation, it must—

(a)update the central FIT register;

(b)in the case of an eligible installation accredited further to an application mentioned in [F7article 4(2)], give notice to the person who made that application of the accreditation and any conditions attached to it; and

(c)in the case of an eligible installation accredited further to an application mentioned in [F8article 4(3)], give notice to the FIT licensee of the accreditation and any conditions attached to it.

(5) Where the Authority determines that an installation is not entitled to accreditation, it must—

(a)in the case of an application mentioned in [F9article 4(2)], give notice of its decision to the person who made that application; and

(b)in the case of an application mentioned in [F10article 4(3)], give notice of its decision to the FIT licensee.

(6) A notice given under paragraph (5) must include reasons why the installation was not accredited [F11, and, where the reason for the non-accreditation is that article 8B applies, give notice of the date of the start of the next tariff period [F12, if any,] within which the application will be considered by the Authority in accordance with this article.]

Textual Amendments

F2Word in art. 5(1B)(a) omitted (1.2.2019) by virtue of The Feed-in Tariffs (Closure, etc.) Order 2018 (S.I. 2018/1380), arts. 1, 4(2)(a)

F5Words in art. 5(2) substituted (15.1.2016) by The Feed-in Tariffs (Amendment) (No. 3) Order 2015 (S.I. 2015/2045), arts. 1, 5(b) (with art. 24)

F7Words in art. 5(4)(b) substituted (15.1.2016) by The Feed-in Tariffs (Amendment) (No. 3) Order 2015 (S.I. 2015/2045), arts. 1, 5(c) (with art. 24)

F8Words in art. 5(4)(c) substituted (15.1.2016) by The Feed-in Tariffs (Amendment) (No. 3) Order 2015 (S.I. 2015/2045), arts. 1, 5(d) (with art. 24)

F9Words in art. 5(5)(a) substituted (15.1.2016) by The Feed-in Tariffs (Amendment) (No. 3) Order 2015 (S.I. 2015/2045), arts. 1, 5(c) (with art. 24)

F10Words in art. 5(5)(b) substituted (15.1.2016) by The Feed-in Tariffs (Amendment) (No. 3) Order 2015 (S.I. 2015/2045), arts. 1, 5(d) (with art. 24)