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PART 11 E+W+SModifications and transitional provisions

Transitional provisionsE+W

96.—(1) In relation to the obligation period starting with 1st April 2016—

(a)in article 7(2) the renewables obligation is to produce the number of UK ROCs equal to the number of renewables obligations certificates determined in accordance with article 12 of the 2009 Order after 1st October 2014, (accordingly) articles 7(3) to 13 do not apply; and

(b)article 14(2) applies as if the reference to “the immediately preceding obligation period” were a reference to the period starting with 1st April 2015 and ending with 31st March 2016”.

(2) For the purposes of article 19(3), notifications given to the Authority include notifications given before this Order came into force.

(3) In relation to a notice given under article 19(3) on or after 1st April 2015 and before 1st April 2016, articles 19(5) and (6) apply as if the obligation period referred to in those paragraphs was the period starting with 1st April 2015 and ending with 31st March 2016.

(4) In articles 20, 21, 22, 23, 28, 42, 82 to 84 and 86(2) and 94, references to “obligation period” include the obligation period within the meaning of the 2009 Order which ends on 31st March 2016 (as if that Order had not been revoked).

(5) For the purposes of articles 20, 21, 22 or 23, in relation to the period starting with 1st April 2015 and ending with 31st March 2016, confirmations given to the Authority include a confirmation which is given on or after 1st April 2015 and before this Order came into force.

(6) For the purposes of article 24, confirmations provided to the Authority under Part 4 include confirmations provided to the Authority under Part 7 of the 2009 Order.

(7) For the purposes of article 35, a declaration is to be treated as having been made in accordance with article 35(7) regardless of whether it was made before this Order came into force.

(8) For the purposes of articles 44, 45 and 91, a wind turbine registered under article 58A of the 2009 Order is to be treated as having been registered under article 91.

(9) For the purposes of article 45, generating capacity registered under article 58B of the 2009 Order is to be treated as having been registered under article 92.

(10) For the purposes of articles 45 and 50, a CFD transfer notice includes a CFD transfer notice within the meaning of article 21B(4) of the 2009 Order (as if that Order had not been revoked) which was given to the Authority before this Order came into force.

(11) For the purpose of articles 51(2)(b) and 81, notifications (and notices under article 81(3)) given to the Authority include notifications or notices given before this Order came into force.

(12) Articles 82 to 84 do not apply to consignments of biomass or bioliquid used before this Order came into force.

(13) In relation to biomass used before 1st April 2016, paragraph 2 of Schedule 2 has effect as if for sub-paragraph (b)(iii) there were substituted—

(iii)the average greenhouse gas emissions from the relevant biomass used by the station to generate electricity during the period from the day this Order comes into force to 31st March 2016 are equal to, or less than, the relevant target..

(14) In paragraph (1) “renewables obligation certificate” has the same meaning as in the 2009 Order.