PART 7Cases and circumstances when a ROC must not be issued
Combustion units in relation to which a CFD or investment contract has been entered into50
1
This article applies to a combustion unit in relation to which—
a
a CFD has been entered into, or
b
an investment contract—
i
has been entered into, and
ii
has not been terminated (or otherwise ceased to have effect) by reason of a permitted termination event.
2
ROCs are not to be issued in respect of any electricity generated by a combustion unit to which this article applies unless a CFD transfer notice has been given to the Authority by the operator of the generating station in respect of the combustion unit.
3
A CFD transfer notice is a notice which—
a
is in writing,
b
identifies the combustion unit to which it relates,
c
states the date from which the operator of the generating station intends to start using that combustion unit to generate electricity only from biomass (“the conversion date”), and
d
states the date on which a CFD or investment contract was entered into in relation to that combustion unit.
4
Once a CFD transfer notice has been received by the Authority it cannot be withdrawn unless—
a
the CFD transfer notice relates to a combustion unit in relation to which an investment contract has been entered into,
b
the investment contract has been terminated (or has otherwise ceased to have effect) by reason of a permitted termination event,
c
the CFD transfer notice was given to the Authority before the investment contract was terminated or otherwise ceased to have effect, and
d
the withdrawal of the CFD transfer notice is made by notice in writing to the Authority by the operator of the generating station of which the combustion unit forms part.
5
Subject to paragraph (6), the operator of a generating station may change the conversion date stated in a CFD transfer notice in respect of a combustion unit at the generating station by giving notice to the Authority in writing.
6
The conversion date stated in a CFD transfer notice cannot be changed—
a
after 31st March 2027,
b
after the CFD transfer notice has come into force, or
c
if a CFD made in relation to the combustion unit to which the CFD transfer notice relates has been terminated or otherwise ceased to have effect.
7
For the purposes of this article, a CFD transfer notice comes into force—
a
on the conversion date stated in the CFD transfer notice, or
b
if earlier, as from the start of the first month—
i
which is after March 2014, and
ii
during which the combustion unit to which the CFD transfer notice relates burns only biomass.
8
For the purpose of paragraph (7)(b)(ii), no account is to be taken of any fossil fuel or waste which is used in the combustion unit for permitted ancillary purposes.