Citation, commencement and interpretation

1. —(1) This Order may be cited as the Feed-in Tariffs (Specified Maximum Capacity and Functions) (Amendment No. 2) Order 2012.

(2) This Order comes into force on 1st August 2012.

(3) In this Order, “the 2010 Order” means the Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010( 2 ), and a reference to a numbered article is a reference to the article so numbered in the 2010 Order.

Amendments

2. In article 2 (interpretation), in the list of expressions in paragraph (3), insert in the appropriate places—

“ “MCS database”; ” ; and

“ “quarter”; ” .

3. In article 10 (tariff codes)—

(a) in paragraph (1)(a), for “table” substitute “tables”; and

(b) in paragraph (2), for “table specifies” substituted “tables specify”.

4. For article 13 (calculating and publishing FIT payment rates) there is substituted—

“ Calculating and publishing FIT payment rates

13. —(1) On or before 1st March immediately before the beginning of each FIT year, the Authority must publish in accordance with clause 3.3.4 of Part 1 of Schedule A to Standard Licence Condition 33 a table or tables setting out the FIT payment rates which are to apply for that FIT year to the eligible installations specified in clause 3.3.2.2 of that Part (subject to the Secretary of State substituting or inserting in Schedule A to Standard Licence Condition 33 a new FIT payment rate table applying to those eligible installations).

(2) On or before the last day of the first month of each quarter the Authority must publish a table setting out the FIT payment rates which are to apply to solar photovoltaic eligible installations with an eligibility date in the following quarter.

(3) The Authority must determine the FIT payment rates in the table under paragraph (2)—

(a) in accordance with Annex 3 to Schedule A to Standard Licence Condition 33; and

(b) by reference to the data published by the Secretary of State under article 13A. ” .

5. After article 13 there is inserted—

“ FIT deployment data for solar photovoltaic installations

13A. —(1) On or before the sixth working day before the end of the first month of each quarter, the Secretary of State must determine and publish—

(a) the aggregate declared net capacity of solar photovoltaic installations with declared net capacity of 10 kilowatts or less which, in the preceding quarter, were registered on the MCS database;

(b) the aggregate declared net capacity of solar photovoltaic installations with declared net capacity greater than 10 kilowatts but not exceeding 50 kilowatts which, in the preceding quarter, were registered on the MCS database; and

(c) the aggregate total installed capacity of solar photovoltaic installations with declared net capacity greater than 50 kilowatts which, in the preceding quarter, were determined by the Authority to be entitled to accreditation.

(2) In paragraph (1)—

(a) references to solar photovoltaic installations include extensions to existing installations; and

(b) “working day” means any day except a Saturday or Sunday or a day which is a bank holiday or other public holiday in England and Wales. ” .