The Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010
| Year | 2010 |
2010 No. 678
Electricity
The Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010
Made 8th March 2010
Laid before Parliament 9th March 2010
Coming into force 1st April 2010
The Secretary of State, in exercise of the powers conferred by sections 41(4), 43(3)(a), and 104(2) of the Energy Act 20081, makes the following Order:
PART 1
Introductory provisions
Citation and commencement
1. This Order may be cited as the Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010 and comes into force on 1st April 2010.
Interpretation
2.—(1) In this Order—
“the Act” means the Energy Act 2008;
“accreditation” is approval by the Authority of an eligible installation as an accredited FIT installation under Part 3, unless the context otherwise requires;
“accredited FIT installation” means an eligible installation which has been given accreditation;
“anaerobic digestion” means the bacterial fermentation of organic material in the absence of free oxygen (excluding anaerobic digestion of sewage and material in a landfill);
“the Authority” means the Gas and Electricity Markets Authority;
“Balancing and Settlement Code” means the code for governance of electricity balancing and settlement in Great Britain2which is maintained in accordance with the conditions of licences granted under section 6(1) of the Electricity Act 19893;
“central FIT register” means the register kept and maintained by the Authority in accordance with article 17;
“deemed export payment” means the payment made to a FIT generator or nominated recipient by a FIT licensee in respect of a deemed export of electricity;
“electricity supply licence” means a licence granted by the Authority under section 6(1)(d) of the Electricity Act 1989;
“extension” means an increase in the capacity of an installation to generate electricity;
“FIT” means feed-in tariff;
“levelisation fund” means the fund maintained under article 32;
“MCS” means the Microgeneration Certification Scheme4or equivalent schemes accredited under EN 450115which certify microgeneration products and installers in accordance with consistent standards;
“MCS certificate” means a certificate given under the MCS;
“ROO” means the Renewables Obligation Order 20096in relation to an installation in England and Wales and Renewables Obligation (Scotland) Order 20097in relation to an installation in Scotland;
“Standard Condition 33” and “Standard Condition 34” mean the conditions so numbered in the standard conditions of electricity supply licences8;
“tariff code” has the meaning given by article 10.
(2) In this Order the following expressions have the meanings given to them in the ROO—
“hydro generating station”;
“NFFO arrangement”.
(3) In this Order the following expressions have the meanings given to them in Schedule A to Standard Licence Condition 33—
“commissioned”;
“confirmation date”;
“declared net capacity”;
“deemed export”;
“eligible installation”;
“eligibility date”;
“eligible low-carbon energy source”;
“export”;
“export meter”;
“export payment”;
“FIT generator”;
“FIT licensee”;
“FIT payments”;
“FIT payment rate table”;
“FIT scheme”;
“FIT year”;
“generation meter”;
“generation payment”;
“MCS-FIT technology”;
“nominated recipient”;
“statement of FIT terms”;
“total installed capacity”.
PART 2
Specified maximum capacity
Specified maximum capacity
3. The specified maximum capacity of eligible installations is 5 megawatts of declared net capacity.
PART 3
Accreditation and matters relating to accreditation
CHAPTER 1
Accreditation
Accreditation of eligible installations
4.—(1) The Authority must carry out accreditation as provided by this article.
(2) The Authority must accredit an eligible installation if article 5, 6 or 7 is satisfied but must not do so if article 8 or 9 applies.
(3) Where the Authority accredits an eligible installation, it must—
(a)
(a) update the central FIT register; and
(b)
(b) give notice to the FIT licensee of the accreditation which includes—
(i) the confirmation date;
(ii) the tariff code for the installation; and
(iii) the unique identifier for the installation.
(4) Where the Authority does not accredit an eligible installation, it must give notice to the FIT licensee including reasons why the eligible installation was not accredited.
Accreditation of eligible installations not previously accredited under the ROO
5. Subject to articles 8 and 9, the Authority must accredit an eligible installation as an accredited FIT installation if it is satisfied that—
(a) where it uses an MCS-FIT technology—
(i) it was commissioned on or after 15th July 2009; and
(ii) it has been submitted by a FIT licensee for registration under the process for MCS certified registration;
(b) where it does not use an MCS-FIT technology—
(i) the installation; or
(ii) in the case of an installation which uses anaerobic digestion and has a declared net capacity of 50 kilowatts or less, an installation of the same type with a declared net capacity of more than 50 kilowatts,
would receive accreditation under the ROO were an application to be made for such accreditation.
Accreditation of eligible installations previously accredited under the ROO with a capacity of 50 kilowatts or less
6.—(1) Subject to articles 8 and 9, the Authority must accredit an eligible installation as an accredited FIT installation where—
(a)
(a) the Authority receives from the FIT generator on or before 1st October 2010 a notice which—
(i) states that the FIT generator wishes the eligible installation to be accredited; and
(ii) identifies the FIT licensee which is to make FIT payments in respect of the eligible installation; and
(b)
(b) the Authority is satisfied that the installation meets the criteria in paragraph (2).
(2) The criteria referred to in paragraph (1)(b) in respect of an eligible installation are that—
(a)
(a) it has a declared net capacity of 50 kilowatts or less;
(b)
(b) it was accredited under the ROO on or before the 31st March 2010; and
(c)
(c) it uses one of the following eligible low-carbon energy sources—
(i) anaerobic digestion;
(ii) hydro generating station;
(iii) solar photovoltaic; or
(iv) wind.
Accreditation of eligible installations previously accredited under the ROO with a capacity of more than 50 kilowatts
7.—(1) Subject to article 8, the Authority must accredit an eligible installation as an accredited FIT installation where—
(a)
(a) the Authority receives from the FIT generator on or before 1st October 2010 a notice which—
(i) states that the FIT generator wishes the eligible installation to be accredited; and
(ii) identifies the FIT licensee which is to make FIT payments in respect of the eligible installation; and
(b)
(b) the Authority is satisfied that the installation meets the criteria in paragraph (2).
(2) The criteria referred to in paragraph (1)(b) in respect of an eligible installation are that—
(a)
(a) it has a declared net capacity of more than 50 kilowatts; and
(b)
(b) it was accredited under the provisions of the ROO during the period beginning on 15th July 2009 and ending on 31st March 2010.
Exceptions to accreditation applicable to all eligible installations
8.—(1) The Authority must not accredit an eligible installation as an accredited FIT installation where—
(a)
(a) the installation has a declared net capacity which exceeds the specified maximum capacity;
(b)
(b) the installation is an extension to an accredited FIT installation or other installation using an eligible low-carbon energy source and the aggregate declared net capacity of the extension and installation exceeds the specified maximum capacity; or
(c)
(c) electricity from the installation is or has been sold pursuant to a NFFO arrangement.
(2) Subject to paragraph (3), the Authority must not accredit an eligible installation as an accredited FIT installation unless the FIT generator has given notice that—
(a)
(a) no grant from public funds has been made in respect of any of the costs of purchasing or installing the installation; or
(b)
(b) where any such grant has been made, the grant has been repaid to the person or authority which made it.
(3) Paragraph (2) does not prohibit the Authority from accrediting an eligible installation where a grant referred to in sub-paragraph (2)(a) has been made and not repaid if —
(a)
(a) the grant is a permitted grant; or
(b)
(b) the grant is not a permitted grant but the Authority is satisfied that the making of FIT payments in respect of the installation would be in accordance with the law relating to state aid.
(4) In this article, “grant from public funds” means a grant made by a public authority or by any person distributing funds on behalf of a public authority.
(5) In this article, “permitted grant” means—
(a)
(a) a grant made before 1st April 2010 in respect of costs of an eligible installation which was commissioned before 15th July 2009; or
(b)
(b) a grant made before 1st April 2010 in respect of costs of an eligible installation on a residential property which was commissioned between 15th July 2009 and 31st March 2010.
Limit on numbers of eligible installations using combined heat and power
9.—(1) Paragraph (3) applies once the Authority has accredited 30,000 relevant eligible installations.
(2) “Relevant eligible installation” means an installation which—
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