41.—(1) This article applies to a generating station—
(a)in respect of which a statutory grant was awarded on or before 11th July 2006, and
(b)which either—
(i)was granted accreditation which took effect after 11th July 2006, or
(ii)generates electricity from biomass or waste (including fuels produced from biomass or waste by means of gasification, pyrolysis or anaerobic digestion).
(2) The operation of articles 33 to 40 in relation to electricity generated by a generating station to which this article applies is conditional upon—
(a)if the grant referred to in paragraph (1)(a) or any part of it has been paid, an operator of the station—
(i)having repaid to the Secretary of State on or before 31st March 2011 so much of the grant as has been paid, and
(ii)having paid to the Secretary of State interest on the amount repayable under paragraph (i) for such period, and at such rate, as may be determined by the Secretary of State, and
(b)if the grant referred to in paragraph (1)(a) or any part of it has not yet been paid, the cancellation of the award of that grant or part.
(3) Where a generating station to which this article applies generates electricity at a time when the operator of the station has not produced to the Authority evidence of—
(a)the repayment of all amounts due under paragraph (2)(a)(i),
(b)the payment of all amounts of interest due under paragraph (2)(b)(ii), and
(c)the cancellation of the award of the grant referred to in paragraph (1)(a) or the cancellation of the award of any part of that grant that has not yet been paid,
the amount of electricity to be stated in each ROC issued in respect of that electricity is 1 megawatt hour or the amount determined in accordance with any of articles 33 to 36, whichever is the greater.
(4) In determining how electricity has been generated for the purposes of paragraph (1)(b)(ii), no account is to be taken of any waste which the generating station uses for permitted ancillary purposes.