The Renewables Obligation Order 2006 (Amendment) Order 2007

Criteria for the issue of ROCs to agents: supplemental

16.  After article 17 of the 2006 Order insert—

“Criteria for issue of ROCs to agents: supplemental

17A.—(1) Where a ROC is to be issued to an agent by virtue of article 15A, the following provisions of this article shall apply.

(2) Subject to paragraph (3), in articles 16(4) to (8) and (8B) and 18(3)(b) and (4)—

(a)references to the operator of the generating station shall be treated as references to the agent who acts in relation to that generating station; and

(b)any obligation imposed on the operator in relation to that generating station shall be treated as imposed on the agent instead.

(3) Paragraph (2) shall not apply to sub-paragraphs (a) and (c) of article 16(4).

(4) Where the ROC relates to more than one generating station—

(a)in article 16(2) the written confirmation referred to shall be required in relation to each of the generating stations to which the ROC relates;

(b)in article 16(4) and (8B) the declaration referred to shall be required in relation to the electricity generated by each of the generating stations to which the ROC relates;

(c)in article 16(4)(a) and (c) references to the operator shall be treated as references to the operator of each of the generating stations to which the ROC relates;

(d)in article 16(7) the evidence referred to shall be required in respect of each generating station—

(i)which, at the time the electricity was generated, was not directly and exclusively connected to a transmission or distribution network in Northern Ireland, and

(ii)to which the ROC relates; and

(e)in article 16(8) the evidence referred to shall be required in respect of each generating station—

(i)which, at the time the electricity was generated, was directly and exclusively connected to a transmission or distribution network in Northern Ireland, and

(ii)to which the ROC relates.

Issuing ROCs certifying the matters in section 32B(2ZA), (2AA) or (2AC) of the Act: supplemental

17B.—(1) Where two or more generating stations constitute a group for the purposes of this article, the Authority shall be entitled to issue a ROC in respect of electricity generated by those generating stations if, and only if—

(a)the amount of electricity generated by each of them (calculated in accordance with article 18(2)(a) and (b)) is added together and rounded (in accordance with article 18(2)(c)),

(b)that rounded amount is stated in the ROC, and

(c)the ROC certifies the matters within section 32B(2ZA), (2AA) or (2AC) of the Act.

(2) Where an agent appointed under article 15A acts for two or more generating stations which constitute a group for the purposes of this article, he shall provide the Authority with—

(a)a figure representing the amount of electricity which he believes should be stated in any ROC to be issued in respect of that group, and

(b)the data which led him to arrive at that figure.

(3) Two or more generating stations constitute a group for the purposes of this article where—

(a)they have been accredited as generating stations capable of generating electricity from the same eligible renewable source;

(b)in respect of each of them the same person has been appointed to act as agent under article 15A; and

(c)in respect of electricity generated by them, entitlement to ROCs is determined in the same way (either on a monthly basis or on an annual basis, depending on whether a notice has been given to the Authority under article 21(2) or not).”.