PART 11Modifications and transitional provisions

Revocation and savings95

1

Subject to paragraphs (2) to (5)—

a

the 2009 Order is revoked; and

b

the following instruments amending the 2009 Order are revoked—

i

the Renewables Obligation (Amendment) Order 2010 M1,

ii

the Renewables Obligation (Amendment) Order 2010 M2,

iii

the Renewables Obligation (Amendment) Order 2011 M3, except for article 2,

iv

the Renewables Obligation (Amendment) Order 2013 M4, and

v

the Renewables Obligation (Amendment) Order 2014 M5.

2

Subject to paragraphs (3), the 2009 Order continues to have effect in relation to—

a

the issue and revocation of ROCs in respect of electricity generated before this Order came into force, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation;

b

any obligations or requirements imposed on any person in respect of the obligation period ending on 31st March 2016, and anything which falls to be done or determined in relation to any such obligation or requirement;

c

any obligations or requirements imposed on any person in respect of electricity generated before this Order came into force, and anything which falls to be done or determined in relation to any such obligation or requirement;

d

any obligations and functions of the Authority in respect of the obligation period ending on 31st March 2016, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to that obligation period.

3

Where the 2009 Order continues to have effect by virtue of paragraph (2), it is to apply as if in article 2 of the 2009 Order, for the definition of “ROC” there was substituted—

“ROC” means a renewables obligation certificate issued by the Authority under a renewables obligation order made by the Secretary of State;

4

Without prejudice to the generality of paragraph (2)—

a

Parts 2 and 8 and articles 53(5) and (6), 56(1) and (3), 57(1)(e) and (f) and (2) and 87(1) of, and Schedules 1 and 3 to, the 2009 Order continue to apply in relation to the obligation period ending on 31st March 2016;

b

article 53(1) and (2) of the 2009 Order continues to apply for the purpose of enabling the Authority to request information in respect of the discharge of the renewables obligation;

c

articles 54 and 54B of the 2009 Order continue to apply in relation to consignments of biomass used before this Order came into force;

d

article 54A of the 2009 Order continues to apply in relation to consignments of bioliquid used before this Order came into force;

e

article 57(1)(g) of the 2009 Order continues to apply in relation to compliance by designated electricity suppliers in respect of obligation periods ending on or before 31st March 2016.

5

In this article—

“biomass”, “obligation period” and “renewables obligation” have the same meanings as in the 2009 Order.