36.—(1) This article applies to electricity which is generated—
(a)before 1st April 2019,
(b)by a generating station to which article 34 does not apply, and
(c)from relevant energy crops burned in a combustion unit in a month in which—
(i)the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month, and
(ii)the generating station generates electricity partly from fossil fuel and partly from renewable sources.
(2) Subject to paragraph (4), the amount of electricity to be stated in each ROC issued in respect of electricity to which this article applies is 1 megawatt hour.
(3) Paragraph (4) applies where electricity to which this article applies is generated—
(a)by a qualifying CHP station,
(b)in a month in which the fossil fuel used by the station to generate electricity has been burned in a separate combustion unit from the relevant energy crops used by the station to generate electricity, and
(c)using—
(i)pre-2013 capacity, or
(ii)2013/15 capacity, 2015/16 capacity or post-2016 capacity in respect of which a declaration has been made in accordance with article 35(7).
(4) Where this paragraph applies, the amount of the electricity to be stated in each ROC is—
(a)in respect of the qualifying proportion of the electricity,
(b)in respect of the remainder of the electricity, 1 megawatt hour.
(5) Paragraphs (a), (b) and (d) of paragraph 1(2) of Part 1 of Schedule 5 apply for the purposes of this article as they apply for the purposes of that Schedule.
(6) In this article, “relevant energy crops” means energy crops which are supplied to the operator of a generating station in accordance with an agreement made—
(a)in writing,
(b)before 7th September 2012, and
(c)between the owner or operator of the generating station and a person who is not connected to the owner or operator of the station within the meaning of section 1122 of the Corporation Tax Act 2010 M1.
(7) This article is subject to article 41.