|Made||22nd December 2004|
|To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000|
|Coming into operation||8th February 2005|
Orders under Article 52: supplementary
4. In Article 53 (orders under Article 52: supplementary) -
if the Department is of the opinion that no supplier would by virtue of the differences be unduly disadvantaged in competing with other suppliers.
(4A) In paragraph (4) "supplier" means an electricity supplier or a Great Britain supplier."; and
5. In Article 54 (green certificates) -
Use of green certificates issued in Great Britain
6. After Article 54 (green certificates) insert -
a designated electricity supplier may (to the extent provided for in accordance with the order) discharge his renewables obligation (or his obligation in relation to a particular period) by the production to the Authority of a Great Britain certificate.
(2) In this Article "Great Britain certificate" means a certificate issued by the Great Britain authority in accordance with provision included, by virtue of section 32B of the Electricity Act 1989, in an order under section 32 of that Act (renewables obligations for Great Britain suppliers).".
Payment as alternative to complying with order under Article 52
7. In Article 55 (payment as alternative to complying with order under Article 52) -
(b) in paragraph (2) -
(ii) in sub-paragraph (b), for "such sums" substitute "sums or rates falling within sub-paragraph (a) or (aa)";
(iii) in sub-paragraph (c), after "sums" insert "or rates"; and
(iv) in sub-paragraph (d), after "sum" insert "or rate";
(c) for paragraph (3) substitute -
the taking of steps under Article 45 in respect of a contravention by that supplier of that obligation is prohibited or otherwise restricted to the extent specified in the order.
(2B) An order under Article 52 may provide that, in a case in which the amount received by the Authority, or by the Great Britain authority, by way of discharge payments for a period falls short of the amount due in respect of that period, every person who -
must, by the time and in the circumstances so specified or determined, make a payment (or further payment) to the Authority of an amount calculated in the manner so specified or determined.
(2C) An order under Article 52 may not by virtue of paragraph (2B) confer an entitlement on the Authority to receive a payment in respect of the shortfall for any period -
(2D) The provision that may be made by virtue of paragraph (2B) includes -
(3) The amounts received by the Authority by virtue of the preceding provisions of this Article must be paid by it to electricity suppliers in accordance with a system of allocation specified in an order under Article 52."; and
if, and to the extent that, the Authority or (as the case may be) the Great Britain authority would have received more by way of discharge payments if every renewables obligation or (as the case may be) Great Britain obligation for that period, so far as it was not otherwise discharged, had been discharged by payment.
(8) In this Article -
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on
22nd December 2004.
A senior officer of the Department of Enterprise, Trade and Investment
Provision made in this Order in relation to Great Britain suppliers, Great Britain certificates and Great Britain payments reciprocate provision made in Chapter 4 of Part 2 of the Energy Act 2004 in relation to Northern Ireland suppliers, Northern Ireland certificates and Northern Ireland payments.