PART 10 E+WFunctions of the Authority

Preliminary accreditation and accreditation: common provisionsE+W

90.—(1) This article applies to the granting and withdrawing of preliminary accreditation and accreditation of generating stations by the Authority.

(2) The Authority may, in granting preliminary accreditation or accreditation, attach such conditions as appear to it to be appropriate.

(3) Where any of the circumstances mentioned in paragraph (4) apply in relation to a preliminary accreditation or an accreditation which the Authority has granted (whether or not under this Order), and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may—

(a)withdraw the preliminary accreditation or accreditation in question;

(b)amend the conditions attached to the preliminary accreditation or accreditation;

(c)attach conditions to the preliminary accreditation or accreditation.

(4) The circumstances referred to in paragraph (3) are as follows—

(a)in the Authority's view there has been a material change in circumstances since the preliminary accreditation or accreditation was granted,

(b)any condition attached to the preliminary accreditation or accreditation has not been complied with,

(c)the Authority has reason to believe that the information on which the decision to grant the preliminary accreditation or accreditation was based was incorrect in a material particular,

(d)there has been a change in applicable legislation since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would not have been granted, or

(e)there has been a change in applicable legislation since the accreditation was granted such that, in the Authority's opinion, the station to which the accreditation relates is no longer likely to generate electricity in respect of which ROCs may be issued.

(5) The Authority must notify the applicant in writing of—

(a)its decision on an application for preliminary accreditation or accreditation of a generating station,

(b)any conditions attached to the preliminary accreditation or accreditation, and

(c)any withdrawal of preliminary accreditation or accreditation.

(6) In providing written notification under paragraph (5), the Authority must specify where applicable—

(a)the date on which the grant or withdrawal of preliminary accreditation or accreditation is to take effect,

(b)the date on which any conditions attached to the preliminary accreditation or accreditation are to take effect, and

(c)the original capacity of the generating station.