PART 7Cases and circumstances when a ROC must not be issued

Generating stations supported or potentially eligible for support under a feed-in tariff scheme

51.—(1) ROCs are not to be issued in respect of any electricity generated by a microgenerator if that microgenerator—

(a)is a hydro generating station, or

(b)generates electricity from—

(i)gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill,

(ii)the direct conversion of sunlight into electricity, or

(iii)wind.

(2) Subject to paragraph (3), ROCs are not to be issued in respect of any electricity generated by a generating station—

(a)if support has been given under a feed-in tariff scheme for the generation of electricity by the station, or

(b)if, before the application for accreditation of the station was determined, the Authority was notified in writing by a relevant person that support for electricity generated by the station should be given in the form of financial incentives under a feed-in tariff scheme.

(3) Paragraph (2) does not prevent the issue of ROCs in respect of electricity generated by a generating station if financial incentives are not available under a feed-in tariff scheme for that electricity by virtue of the size of the station’s total installed capacity.

(4) In this article—

“relevant person”, in relation to a generating station, means—

(a)

the operator of the station, or

(b)

a person who is entitled to receive financial incentives under a feed-in tariff scheme in respect of that station.