The Feed-in Tariffs (Amendment) (Coronavirus) Order 2020

Statutory Instruments

2020 No. 375

Electricity

The Feed-in Tariffs (Amendment) (Coronavirus) Order 2020

Made

at 1.30 p.m on 30th March 2020

Laid before Parliament

at 2.45 p.m on 30th March 2020

Coming into force

31st March 2020

The Secretary of State, in exercise of the powers conferred by sections 43(3)(a) and 104(2) of the Energy Act 2008(1), makes the following Order:

Citation and commencement

1.  This Order may be cited as the Feed-in Tariffs (Amendment) (Coronavirus) Order 2020 and comes into force on 31st March 2020.

Amendment to the Feed-in Tariffs Order 2012

2.  The Feed-in Tariffs Order 2012 (2) is amended in accordance with article 3 to 6.

Amendment to article 7A (accreditation on or after 1st April 2019)

3.—(1) Article 7A is amended as follows.

(2) For paragraph (2)(b)(ii), substitute—

“(ii) either—

(aa) the application date is within the period of 1 year beginning with the date on which the Authority received the application for pre-registration; or

(bb) where the date on which the Authority received the application for pre-registration was within the period beginning on 1st March 2019 and ending on 31st March 2019, the application date is on or before 30th September 2020;”.

Amendment to article 8B (the application limit)

4.—(1) Article 8B is amended as follows.

(2) For paragraph (4)(b)(iii), substitute—

“(iii) in respect of which either—

(aa) the application date is within the period of 1 year beginning with the date on which the Authority received the application for pre-registration; or

(bb) where the date on which the Authority received the application for pre-registration was within the period beginning on 1st March 2019 and ending on 31st March 2019, the application date is on or before 30th September 2020;”.

Amendment to article 9 (preliminary accreditation)

5.—(1) Article 9 is amended as follows.

(2) In paragraph (8), for “paragraph (8A)”, substitute “paragraphs (8ZA) and (8A)”.

(3) After paragraph (8), insert—

“(8ZA) Where under paragraph (8)(b) or (c) preliminary accreditation would otherwise cease to be valid during the period beginning on 1st March 2020 and ending on 30th September 2020, preliminary accreditation shall be valid—

(a) for wind and anaerobic digestion installations, for 18 months beginning with the date on which the application for preliminary accreditation was treated as received by the Authority, or until 30th September 2020, whichever is the later; and

(b) for hydro generating stations, for 30 months beginning with the date on which the application for preliminary accreditation was treated as received by the Authority, or until 30th September 2020, whichever is the later.”.

(4) In paragraph (8A), for “Where”, substitute “Subject to paragraph (8AA), where”.

(5) After paragraph (8A), insert—

“(8AA) Where under paragraph (8A) preliminary accreditation would otherwise cease to be valid during the period beginning on 1st March 2020 and ending on 30th September 2020, preliminary accreditation shall be valid—

(a) for solar photovoltaic installations, for 18 months beginning with the date on which the application for preliminary accreditation was treated as received by the Authority, or until 30th September 2020, whichever is the later;

(b) for wind and anaerobic digestion installations, for 24 months beginning with the date on which the application for preliminary accreditation was treated as received by the Authority, or until 30th September 2020, whichever is the later; and

(c) for hydro generating stations, for 36 months beginning with the date on which the application for preliminary accreditation was treated as received by the Authority, or until 30th September 2020, whichever is the later.”.

(6) In paragraph (8B), for “and (8A)”, substitute “,(8ZA),(8A) and (8AA)”.

Amendment to article 11 (pre-registration of community energy installations)

6.—(1) Article 11 is amended as follows.

(2) For paragraph (4), substitute—

“(4) A pre-registration under this article is valid—

(a) for one year beginning with the date on which the Authority received the application for pre-registration; or

(b) where the date on which the Authority received the application for pre-registration was within the period beginning on 1st March 2019 and ending on 31st March 2019, until 30th September 2020.”.

Kwasi Kwarteng

Minister of State for Business, Energy and Clean Growth

Department for Business, Energy and Industrial Strategy

At 1.30.p.m on 30th March 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Feed-in Tariffs Order 2012.

This Order extends the deadlines by which applications for accreditation can be made for certain eligible installations under the Feed-in Tariffs Order 2012.

Microgeneration Certification Scheme scale community energy installations that pre-registered between 1st March 2019 and 31st March 2019 are given until 30th September 2020, to commission and apply for accreditation.

ROO-FIT scale installations whose preliminary accreditation validity period would otherwise end between 1st March and 30th September 2020 are given an additional six months or until 30th September 2020, whichever is later, to commission and apply for accreditation.

An explanatory memorandum is available with this Order on www.legislation.gov.uk.

An impact assessment has not been produced for this instrument as no adverse impact on the private or voluntary sectors is foreseen.

(1)

2008 c. 32.

(2)

S.I. 2012/2782 as amended by S.I 2013/1099, 2015/35, 2015/1659, 2015/2045, 2016/319 and 2018/1380. There are other amendments not relevant to this Order.