Electricity Regulation Act 1999 (Public Service Obligations) Order 2002

F36[Public service obligation for REFIT contracts

6D

F37[6D. (1) There shall be imposed by the Commission on each supplier specified in column (3) a requirement that pursuant to the REFIT power purchase agreement specified at that reference number, such supplier have available to it and purchase the electricity generated by the generation plant specified at that reference number in column (5), by the generator specified at that reference number in column (4), which electricity shall be generated from the energy source specified at that reference number in column (6) and which electricity is the subject of the REFIT power purchase agreement concerned.

F38[(2) The obligation imposed pursuant to paragraph (1) shall not, as respects a supplier referred to in column (3), require that supplier to have available to it and purchase the electricity concerned—

(a) for a period in excess of F39[15 years,]

(b) in the case of—

(i) REFIT 1, after 31 December 2027,

(ii) REFIT 2, after F39[31 December 2030,]

(iii) REFIT 3, after 31 December 2030.]

(c) F40[…]

F41[(d) where a generator has generated electricity from bioliquids and where the generator has not satisfied the Commission that the bioliquids have fulfilled the sustainability and greenhouse gas emissions saving criteria referred to in Regulation 6 of the European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022).]

F42[(e) where a generator has generated electricity from biomass fuels and where the generator has not satisfied the Commission that the biomass fuels have fulfilled the sustainability and greenhouse gas emissions saving criteria referred to in Regulation 6 of the European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022).]

(3) A reference in this Article to a column is a reference to a column of the Table in Schedule 3, 4 or 5.]]

Annotations

Amendments:

F36

Inserted (18.07.2008) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2008 (S.I. No. 284 of 2008), art. 7.

F37

Substituted (31.10.2012) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2012 (S.I. No. 438 of 2012), art. 2(d).

F38

Substituted (25.10.2013) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2013 (S.I. No. 421 of 2013), art. 3(b).

F39

Substituted (23.10.2014) by European Union (Renewable Energy) Regulations 2014 (S.I. No. 483 of 2014), art. 24(1)(b)(i), (ii). Note that the amendment substitutes "31 December 2030, or" whereas the previous text was "31 December 2032, and".

F40

Deleted (25.10.2013) by Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2013 (S.I. No. 421 of 2013), art. 3(b).

F41

Substituted (15.07.2022) by European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022), reg. 16(1)(b)(i), in effect as per reg. 1(2).

F42

Inserted (15.07.2022) by European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022), reg. 16(1)(b)(ii), in effect as per reg. 1(2).

Editorial Notes:

E15

Para. (2)(c) purported to be amended (23.10.2014) by European Union (Renewable Energy) Regulations 2014 (S.I. No. 483 of 2014), reg. 24(1)(b)(iii); para. (2)(c) impliedly deleted by substitution of para. (2) (25.10.2013) as per F-note above.

E16

Previous affecting provision: sub-art. (2)(d) inserted (23.10.2014) by European Union (Renewable Energy) Regulations 2014 (S.I. No. 483 of 2014), art. 24(1)(b)(iv); substituted (15.07.2022) as per F-note above.