Citation, commencement and interpretation

1. —(1) This Order may be cited as the Feed-in Tariffs (Specified Maximum Capacity and Functions) (Amendment No.3) Order 2011.

(2) This Order comes into force on 18th October 2011.

(3) In this Order—

(a) “the 2010 Order” means the Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010 ( 2 ); and

(b) a reference to an article by number alone is a reference to the article so numbered in the 2010 Order.

Amendments to the 2010 Order

2. —(1) Article 15 is amended as follows.

(2) In paragraph (1), omit “from a FIT licensee”.

(3) Omit paragraphs (2) and (3).

(4) In paragraph (4)—

(a) in sub-paragraph (a), at the end, omit “; and”; and

(b) omit sub-paragraph (b).

3. In article 16, for paragraph (1) substitute—

“ 16. —(1) Paragraph (2) applies where—

(a) the Authority receives notice that an installation which uses an eligible low-carbon energy source (“the existing installation”) has been extended; and

(b) either—

(i) a request for accreditation of the existing installation as an accredited FIT installation has been refused; or

(ii) if a request were made for accreditation of the existing installation, the request would be refused. ” .

4. After article 16 insert—

“ Part 4: interpretation

16A. In this Part, “notice”, in relation to an installation, means a notice given to the Authority by—

(a) a FIT licensee; or

(b) the owner of the installation. ” .

Transitional provision

5. —(1) Paragraph (2) applies where an installation has been extended as described in paragraph (3) (“Case 1”) or paragraph (4) (“Case 2”).

(2) In relation to the accreditation of that extension, article 15 applies as if the amendments made by article 2(3) and (4) of this Order had not been made.

(3) Case 1 is that before 18th October 2011—

(a) an extension to an accredited FIT installation has been commissioned; and

(b) the Authority or the relevant FIT licensee has received notice of the extension.

(4) Case 2 is that—

(a) before 18th October 2011—

(i) a request has been made to the Authority, or (in the case of an eligible installation with a total installed capacity not exceeding 50kW) a FIT licensee, for accreditation of an eligible installation which has been commissioned;

(ii) an extension to that eligible installation has been commissioned; and

(iii) the Authority or the FIT licensee has received notice of that extension; and

(b) the eligible installation is subsequently accredited as an accredited FIT installation.

(5) In this article—

(a) the following expressions have the same meanings as in the 2010 Order—

• “accreditation”;

• “accredited FIT installation”;

• “the Authority”;

• “central FIT register”;

• “commissioned”;

• “eligible installation”;

• “extension”;

• “FIT licensee”;

• “FIT payments”; and

• “total installed capacity”; and

(b) in paragraph (3), “relevant FIT licensee” means the FIT licensee identified on the central FIT register as responsible for making FIT payments in respect of the accredited FIT installation.