Modification of this Order in relation to microgenerators in certain circumstancesE+W
94.—(1) The operator of a microgenerator or, where ROCs relating to microgenerators are to be issued to an agent by virtue of article 19, that agent (and not the operators of the generating stations in question) may—
(a)where ROCs have not yet been issued in respect of any electricity generated during the course of an obligation period by the station or stations in question, during the course of that obligation period, or
(b)in any other case, not less than one month before the beginning of an obligation period (“the relevant obligation period”),
give notice in writing to the Authority that entitlement to ROCs in respect of electricity generated by the station or stations in question is to be determined on the basis set out in the remainder of this article.
(2) Paragraph (3) applies where the operator or, as the case may be, agent (“the notice-giver”) has given notice—
(a)as specified in paragraph (1)(a), for the remainder of the obligation period during which the notice was given and subsequent obligation periods; or
(b)as specified in paragraph (1)(b), for the relevant obligation period and subsequent obligation periods.
(3) Where this paragraph applies, the reference to “month” in each place where it occurs in the definition of “permitted ancillary purposes” in article 2(1), in articles 2(2), 24, 26 to 32, 43, 45, 56, 60 and 80 and in Schedule 4 is to be taken to be a reference to “obligation period”, subject to the following exceptions—
(a)in articles 28(1)(b) and (2) and 80(2) and (3) the reference to “the second month” is to remain unchanged;
(b)in paragraph 3(b)(i) of Schedule 4, the words “the month and year” is to be replaced by “ the obligation period ”.
(4) A notice-giver may, by notice in writing to the Authority, withdraw the notice given under paragraph (2)—
(a)if the notice was given under paragraph (2)(a), not less than one month before the beginning of any obligation period following the obligation period during which the notice was given; or
(b)if the notice was given under paragraph (2)(b), not less than one month before the beginning of any obligation period following the relevant obligation period.
(5) Where a notice-giver withdraws a notice given under paragraph (2), that notice ceases to have effect from the beginning of the obligation period in relation to which the notice under paragraph (5) was given.