The Renewables Obligation Order 2015

Preliminary accreditation of generating stations

88.—(1) Subject to paragraph (2), the Authority may, upon the application of a person who proposes to construct or operate a generating station, grant the station preliminary accreditation if—

(a) the station is not yet commissioned, and

(b) it is a station in respect of which—

(i) consent under section 36 of the Act(1) or Article 39 of the Electricity (Northern Ireland) Order 1992(2) has been obtained,

(ii) planning permission under the Town and Country Planning Act 1990(3) has been granted and any conditions as to the time period in which the development to which it relates must be begun have not been breached, or

(iii) development consent under the Planning Act 2008(4) has been granted.

(2) The Authority must not grant preliminary accreditation to a generating station—

(a) if, in the Authority’s opinion, the station is unlikely to generate electricity in respect of which ROCs may be issued,

(b) if a CFD has been entered into at any time in relation to the generation of electricity by the station, or

(c) subject to paragraph (3), if an investment contract has been entered into at any time in relation to the generation of electricity by the station.

(3) Paragraph (2)(c) does not apply if the application for preliminary accreditation is accompanied by a declaration made in writing by the person who proposes to construct or operate the generating station that the investment contract has been terminated (or has otherwise ceased to have effect) by reason of a permitted termination event.

(4) In paragraph (1) “development” has the meaning given in section 55(1) of the Town and Country Planning Act 1990.

(1)

1989 c.29. Section 36 has been amended by Schedule 2 paragraph 32(2) and (3) of the Planning Act 2008 (c.29), section 93(1) and (3) of the Energy Act 2004 (c.20), section 12(7)(a) of the Marine and Coastal Access Act 2009 (c.23), and Schedule 1(1) paragraph 1(2)(a) and (b) of the Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006/1054.

(2)

S.I. 1992/231 (N.I.1). Article 39 has been amended by regulation 9(1) and (2) of the Electricity Order 1992 (Amendment) Regulations (Northern Ireland) 2005/335 and regulation 3 of the Electricity (Published Criteria for Generating Station) Regulations (Northern Ireland) 2011/247.

(3)

1990 c.8.

(4)

2008 c.29.