| Guvnor

Made under: Energy (Northern Ireland) Order 2003
Enforced by: UREGNI
Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Operator6 Any Person6 Distributor4 Trader1

Plus 15 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 746 other Acts

Regulation (EU) No 965/2012 (Air Operations) 203 duties

Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 121 duties

Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 112 duties

Space Industry Regulations 2021 76 duties

Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 66 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Distributor — also bound by 182 other Acts

UK REACH Regulation (retained EU law) 44 duties

The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 28 duties

The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 26 duties

The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 25 duties

Electricity Safety, Quality and Continuity Regulations 2002 21 duties

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introductory Provisions

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.001 Citation and commencement

s.002 Interpretation

s.003 Waste as a renewable energy source

s.004 Biomass and fuels which are to be treated as biomass

s.004 Fossil derived bioliquid

Part 2

The Renewables Obligation

4 of 9 sections shown

s.005 The renewables obligation Regulated

Submit Northern Ireland Renewables Obligation Certificates (NIROCs)Distributor

s.007 Part of calculation A referable to Northern Ireland Regulated

Other duties (1) — Crown / regulator

Northern Ireland Department must estimate annual electricity supply for renewablesCrown / Minister / Government department

s.011 Determining the number of renewables obligation certificates to be produced in an obligation period Regulated

Other duties (1) — Crown / regulator

NI Department must determine the total renewable energy certificate obligationCrown / Minister / Government department

s.012 Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge his renewables obligation Regulated

Produce Renewables Obligation Certificates (ROCs) for electricity suppliedDistributor

5 other sections in this Part — procedural and definitional

s.006 Part of calculation A referable to Great Britain

s.008 Calculation A

s.009 Calculation B

s.010 Calculation C

s.013 Further provision in relation to the production of renewables obligation certificates

Part 3

Matters to be certified by and content of NIROCs

1 of 3 sections shown

s.014 Matters to be certified by NIROCs Regulated

Other duties (1) — Crown / regulator

NIROCs must certify specific electricity generation mattersStatutory regulator

2 other sections in this Part — procedural and definitional

s.015 When electricity is to be regarded as supplied to customers in Northern Ireland

s.016 When electricity used in a permitted way for NIROCs certifying matters within Article 54(5) or (6) of the Energy Order

Part 4

Cases and circumstances when a NIROC must not be issued

0 of 7 sections shown

7 other sections in this Part — procedural and definitional

s.017 Excluded generating stations

s.018 Generating stations first commissioned before 1st January 1990

s.018 Generating stations accredited for longer than 20 years

s.019 Generating stations in respect of which a NFFO arrangement applied but was terminated

s.020 Non-commissioned generating stations in respect of which a NFFO arrangement applies

s.021 Circumstances in which no NIROCs are to be issued in respect of electricity generated from renewable sources

s.021 Circumstances in which no NIROCs are to be issued in respect of electricity generated from solid or gaseous biomass

Part 5

NIROCs to be issued by Authority in respect of renewable output

2 of 5 sections shown

s.022 NIROCs to be issued by Authority in respect of a generation station’s renewable output Regulated

Other duties (1) — Crown / regulator

UREGNI must issue NIROCs for renewable electricity generatedStatutory regulator

s.022 Circumstances in which no NIROCs are to be issued in respect of electricity generated from bioliquid Regulated

Demonstrate bioliquid sustainability to receive NIROCsOperator

3 other sections in this Part — procedural and definitional

s.022 Common agricultural policy requirements

s.023 Calculating a generating station’s renewable output

s.024 Renewable output of a qualifying combined heat and power generating station

Part 6

Banding and Grandfathering

2 of 19 sections shown

s.025 The amount of electricity to be stated in each NIROC Regulated

Other duties (1) — Crown / regulator

UREGNI must state the specific electricity amount on each NIROCStatutory regulator

s.027 Microgeneration Certification Scheme Regulated

Provide an MCS certificate for solar or wind microgeneration accreditationOperator

17 other sections in this Part — procedural and definitional

s.026 Electricity generated by qualifying combined heat and power generating stations

s.026 High-range co-firing in the 2013/14 obligation period

s.026 Co-firing of regular bioliquid in the 2013/14 and 2014/15 obligation periods

s.026 Low-range co-firing in the 2013/14 and 2014/15 obligation periods

s.026 Low-range co-firing of relevant energy crops

s.026 Low-range co-firing of relevant energy crops with CHP

s.027 Microgenerators and qualifying new small scale generators

s.027 Qualifying new onshore wind stations and qualifying new solar photovoltaic stations

s.027 Qualifying new hydro stations

s.027 Qualifying new anaerobic digestion stations

s.028 Generating stations which were accredited as at 11th July 2006

s.028 Wave and tidal stream generating stations

s.029 Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009

s.029 Qualifying existing onshore wind stations and qualifying existing solar photovoltaic stations

s.029 Qualifying existing hydro stations

s.030 Generating stations in respect of which a statutory grant has been awarded

s.031 Review of banding provisions

Part 7

Issue and Revocation of NIROCs

4 of 8 sections shown

s.032 Issue of NIROCs to generators and suppliers Regulated

Other duties (1) — Crown / regulator

UREGNI must issue Northern Ireland Renewables Obligation Certificates (NIROCs)Statutory regulator

s.036 Further criteria applicable to NIROCs certifying matters within Article 54 (4) and (6) of the Energy Order Regulated

Confirm microgenerator status to receive NIROCsAny Person

s.037 Where NIROCs cannot be revoked Regulated

Other duties (1) — Crown / regulator

UREGNI must restrict revocation of NIROCs and refuse replacement certificatesStatutory regulator

s.038 NIROCs : financial bids Regulated

Use fair auction process for NFFO-linked NIROCsTrader

4 other sections in this Part — procedural and definitional

s.033 Issue of NIROCs to agents

s.034 General criteria for the issue of NIROCs

s.035 Further criteria applicable to NIROCs certifying matters within Article 54(3) and (4) of the Energy Order

s.037 Refusing to issue and revoking NIROCs

Part 8

Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds

4 of 6 sections shown

s.041 Late Payments to discharge the renewables obligation Regulated

Pay late renewables obligation amounts including high interestDistributor

s.042 Dealing with the buy-out fund: payments into the Consolidated Fund and to the Great Britain authority Regulated

Other duties (1) — Crown / regulator

UREGNI must distribute buy-out funds to government and UK suppliersStatutory regulator

s.043 Dealing with the late payment fund: payments into the Consolidated Fund and to the Great Britain authority Regulated

Other duties (1) — Crown / regulator

UREGNI must distribute the late payment fund to authorities and suppliersStatutory regulator

s.044 Dealing with the buy-out and late payment funds: payments to United Kingdom suppliers Regulated

Other duties (1) — Crown / regulator

UREGNI must distribute buy-out and late payment funds to UK suppliersStatutory regulator

2 other sections in this Part — procedural and definitional

s.039 Interpretation

s.040 Payments to discharge the renewables obligation

Part 9

Provision of information, functions of the Authority and modifications of this Order in relation to microgenerators in certain circumstances

8 of 12 sections shown

s.045 Provisions of information to the Authority Regulated

Provide electricity generation and supply data to the AuthorityDistributor

s.046 Information to be provided to the Authority where electricity is generated from biomass ... Regulated

Submit annual report on biomass fuel sources and sustainabilityOperator

s.046 Bioliquid sustainability audit report Regulated

Submit an annual sustainability audit for bioliquid electricity generationOperator

s.046 Solid and gaseous biomass sustainability audit report Regulated

Submit an annual sustainability audit for biomass electricity generationOperator

s.047 Provision of information to the Department Regulated

Send a copy of Authority information to the DepartmentAny Person

s.050 Preliminary accreditation and accreditation of generating stations Regulated

Other duties (1) — Crown / regulator

UREGNI must determine accreditation for generating stationsStatutory regulator

s.050 Registration as a grace period generating station Regulated

s.051 NIROC Register Regulated

Other duties (1) — Crown / regulator

UREGNI must maintain the NIROC Register and list of certificate holdersStatutory regulator

4 other sections in this Part — procedural and definitional

s.048 Exchange of information with the Great Britain authority

s.049 Functions of the Authority

s.052 Modification of this Order in relation to microgenerators in certain circumstances

s.053 Revocation, transitional and savings

Schedules

7 of 50 shown

s.sch003 The NIROC Register Regulated

s.sch003 The contents of the Register (including the entries referred to... Regulated

Other duties (1) — Crown / regulator

Authority must make Register available for inspection and provide written statementsStatutory regulator

s.sch003 Where the Authority receives requests under paragraph 7(a) it must... Regulated

Other duties (1) — Crown / regulator

Authority must notify NIROC holder and substitute about requests and any differencesStatutory regulator

s.sch003 Where— (a) a NIROC is issued under this Order, or... Regulated

Other duties (1) — Crown / regulator

UREGNI must notify NIROC holders of issue or transfer within 5 banking daysStatutory regulator

s.schedule a1a para.4 The default value method must not be used to calculate... Regulated

Do not use default value method for biomass emissions unless exemptAny Person

s.schedule a1 para.4 The mixed value method must not be used for the... Regulated

Do not use mixed value method for bioliquid greenhouse gas calculation unless the bioliquid is in the Renewables Directive tablesAny Person

s.schedule a1 para.6 The default percentage must not be used for the purposes... Regulated

Do not use default greenhouse gas emission value for bioliquids unless calculation shows savingsAny Person

43 other schedules

s.sch001 CALCULATION OF THE OBLIGATION

s.sch002 ELECTRICITY TO BE STATED IN NIROCs

s.sch002 (1) In this Schedule— “2009/11 dedicated biomass generating station” means...

s.sch003 The Authority must maintain the Register referred to in Article...

s.sch003 The substitute cannot be the registered holder of a NIROC...

s.sch003 The Register may be amended by a decision of the...

s.sch003 Where any person considers that an entry maintained in respect...

s.sch003 The Authority must in any procedural guidelines which it produces...

s.sch003 “Banking day” means a day on which banks are generally...

s.sch003 The Register must identify whether or not a NIROC subsists...

s.sch003 Particulars of a NIROC comprise— (a) the name of the...

s.sch003 A person may only be the registered holder of a...

s.sch003 The Authority may from time to time draw up procedural...

s.sch003 The Authority must delete from the Register—

s.sch003 Where the registered holder of a NIROC and a person...

s.sch003a ACTUAL VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS

s.sch003a The greenhouse gas emissions from the use of biomass are...

s.sch003a In this Schedule— (a) η e l is equal to...

s.sch003b DEFAULT VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS

s.sch003b The greenhouse gas emissions from the use of biomass are...

s.sch003b In this Schedule— (a) η e l , η h...

s.schedule a1 GREENHOUSE GAS EMISSION CRITERIA FOR BIOLIQUID

s.schedule a1a Greenhouse gas emission criteria for solid and gaseous biomass

s.schedule a1a para.1 Interpretation

s.schedule a1a para.2 The greenhouse gas emission criteria

s.schedule a1a para.3 Calculating the greenhouse gas emissions

s.schedule a1a para.5 For the purposes of paragraph 4(c), paragraph 7 of Part...

s.schedule a1a para.6 Where the greenhouse gas emissions from the use of biomass...

s.schedule a1a para.7 In paragraph (6)— (a) η e l is equal to...

s.schedule a1a para.8 The greenhouse gas emissions from the use of biomass are...

s.schedule a1a para.9 In paragraph (8)— (a) η e l , η h...

s.schedule a1 para.1 Interpretation

s.schedule a1 para.2 The greenhouse gas emission criteria

s.schedule a1 para.3 Calculating the percentage difference

s.schedule a1 para.5 Where the mixed value method is used for the purposes...

s.schedule a2 LAND CRITERIA

s.schedule a2 para.1 Interpretation

s.schedule a2 para.2 Land criteria: bioliquids

s.schedule a2 para.3 Land criteria: woody biomass

s.schedule a2 para.4 Land criteria: other fuels

s.schedule a2 para.5 Protected sources

s.schedule a2 para.6 Sustainable source

s.schedule a2 para.7 Exempt purposes

Connected legislation

The wider family of instruments made under the same parent Act.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

The Renewables Obligation Order (Northern Ireland) 2009

Does it bind you?

Other Acts binding the same actors

What it requires

Introductory Provisions

The Renewables Obligation

Matters to be certified by and content of NIROCs

Cases and circumstances when a NIROC must not be issued

NIROCs to be issued by Authority in respect of renewable output

Banding and Grandfathering

Issue and Revocation of NIROCs

Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds

Provision of information, functions of the Authority and modifications of this Order in relation to microgenerators in certain circumstances

Schedules

Connected legislation