Electricity Regulation Act 1999 (Public Service Obligations) Order 2002
Period of public service obligations
4. (1) The period of the public service obligations shall -
(a) as respects the obligations to be imposed pursuant to Article 5(1)(a) and (b), commence on the making of this Order,
F18[(b) as respects the obligations to be imposed pursuant to Article 5(1)(c) and (d) and Article 6(1), commence on 1 January 2003,]
F19[(bb) as respects the obligations to be imposed pursuant to Article 6(1A) commence as respects each PPA specified in Schedule 1A on the commercial operation date applicable to the F20[the PPA concerned,]]
F21[(bbb) as respects the obligations to be imposed pursuant to Article 6(1B), commence as respects each PPA specified in Schedule 1B on the commercial operation date applicable to the PPA concerned, and]
(c) as respects the obligation to be imposed pursuant to Article 5(1)(e) commence on such date or dates as will enable the Board to bring the generating stations into operation not later than the respective dates referred to in Article 5(1)(a) and (b),
and subject to the provisions of paragraph (2) and Articles 5 and 6, shall continue until 31 December 2019.
F22[(1A) The period of the public service obligation to be imposed pursuant to Article 6A commences on the date referred to at paragraph 2.5 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004 and, subject to paragraph (1C), continues until 1 May 2006.]
F22[(1B) The period of the public service obligation to be imposed pursuant to Article 6B commences on the date referred to at paragraph 2.5 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004 and, subject to paragraph (1D) and the terms of the contract specified in paragraph 2 of Part 1 of Schedule 1C, continues until 1 May 2006.]
F22[(1C) Notwithstanding paragraph (1A) the public service obligation imposed pursuant to Article 6A shall not continue beyond the date certified by the Commission to be the date on which both of the generating stations specified in Part 2 of Schedule 1C (and referred to at paragraph 2.5 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004) have commenced commercial operation.]
F22[(1D) Notwithstanding paragraph (1B) the public service obligation imposed pursuant to Article 6B shall not continue beyond the date certified by the Commission to be the date on which both of the generating stations specified in Part 2 of Schedule 1C (and referred to at paragraph 2.5 of EU Commission Decision Reference C(2004) 2632 fin dated 14 July 2004) have commenced commercial operation.]
F23[(1E) The period of the public service obligations to be imposed pursuant to Article 6C commences, as respects a particular CADA, on the date specified in column (3) of Part 3 of Schedule 1C which relates to such CADA, and, subject to paragraph (1F), continues until the date specified in column (4) of Part 3 of Schedule 1C.]
F23[(1F) (a) Subject to subparagraphs (b) and (c), and notwithstanding paragraph (1E) the public service obligations imposed pursuant to Article 6C shall not continue for a period in excess of 10 years as respects any particular CADA.
(b) The period of 10 years referred to in subparagraph (a) need not be a continuous or uninterrupted period where, by reason of force majeure as described in the CADA concerned, the period is interrupted.
(c) Notwithstanding subparagraphs (a) and (b), the obligations imposed pursuant to Article 6C shall not as respects any particular CADA continue beyond the date specified in column (5) of Part 3 of Schedule 1C which relates to such CADA.]
F24[(1G) The period of the public service obligations to be imposed pursuant to Article 6D shall commence in respect of a REFIT power purchase agreement listed in column 2 of Schedule 3, 4 or 5—
(a) in the case of a generator not registered in the Single Electricity Market pursuant to Regulation 5 of the Single Electricity Market Regulations, on the date on which the supplier purchases output which is exported for the purposes of distribution or transmission from the plant of the generator,
(b) in the case of a generator registered in the Single Electricity Market pursuant to Regulation 5 of the Single Electricity Market Regulations and a supplier registered as the intermediary for that generator, on the date on which the supplier purchases output which is exported for the purposes of transmission or distribution from the plant of the generator,
(c) in the case of REFIT 1 not later than 30 September 2015,
and
F25[(d) in the case of REFIT 2, not later than 31 March 2020.]]
F26[(1H) The period of the public service obligations to be imposed pursuant to Article 6E shall commence in respect of a RESS generator listed in column 2 of Schedule 6 -
(a) in the case of a generator not registered in the Single Electricity Market pursuant to Regulation 5 of the Single Electricity Market Regulations, on the date on which the supplier purchases output which is exported for the purposes of distribution or transmission from the plant of the generator, and
(b) in the case of a generator registered in the Single Electricity Market pursuant to Regulation 5 of the Single Electricity Market Regulations and a supplier registered as the intermediary for that generator, on the date on which the supplier purchases output which is exported for the purposes of transmission or distribution from the plant of the generator.]
F18[(2) Notwithstanding paragraph (1) the public service obligations shall not continue in respect of a particular PPA beyond -
(a) the date specified in column (3) of Part 1 of Schedule 1,
(b) the date specified in column (4) of Part 3 of F20[Schedule 1,]
(c) whichever of the dates referred to in Article 6(3) first occurs, F21[or]
F21[(d) whichever of the dates referred to in Article 6(5) first occurs,]
as it applies to the PPA concerned.]
Annotations
Amendments:
F18
Substituted (19.12.2002) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2002 (S.I. No. 614 of 2002), arts. 4, 5.
F19
Inserted (19.12.2002) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2002 (S.I. No. 614 of 2002), art. 4.
F20
Substituted (21.04.2004) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2004 (S.I. No. 174 of 2004), arts. 4(a), 5(a).
F21
Inserted (21.04.2004) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2004 (S.I. No. 174 of 2004), arts. 4(b), 5(b), (c).
F22
Inserted (5.08.2005) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order 2005 (S.I. No. 511 of 2004), art. 4.
F23
Inserted (30.07.2007) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order 2007 (S.I. No. 583 of 2007), art. 4.
F24
Substituted (19.12.2014) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2014 (S.I. No. 603 of 2014), art. 2(a).
F25
Substituted (27.09.2018) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2018 (S.I. No. 403 of 2018), art. 3(c).
F26
Inserted (16.10.2021) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2021 (S.I. No. 532 of 2021), art. 4.
Editorial Notes:
E9
Previous affecting provision: sub-art. (1G)(d) substituted (25.10.2013) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2013 (S.I. No. 421 of 2013), art. 3(a); substituted (19.12.2014) as per F-note above.
E10
Previous affecting provision: sub-art. (1G) substituted (31.10.2012) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2012 (S.I. No. 438 of 2012), art. 2(c); substituted (19.12.2014) as per F-note above.
E11
Previous affecting provision: sub-art. (1G) substituted (3.11.2010) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2010 (S.I. No. 532 of 2010), art. 3(a); substituted (31.10.2012) as per E-note above.
E12
Previous affecting provision: sub-art. (1G) substituted (3.11.2009) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2009 (S.I. No. 444 of 2009), art. 3(a); substituted (3.11.2010) as per E-note above.
E13
Previous affecting provision: sub-art. (1G) inserted (18.07.2008) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2008 (S.I. No. 284 of 2008), art. 6; substituted (3.11.2009) as per E-note above.