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Statutory Instruments

2019 No. 35

Exiting The European Union

Electricity

The Renewables Obligation (Amendment) (EU Exit) Regulations 2019

Sift requirements satisfied

11th December 2018

Made

10th January 2019

Laid before Parliament

16th January 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 .

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation and commencement

1. —(1) These Regulations may be cited as the Renewables Obligation (Amendment) (EU Exit) Regulations 2019.

(2) These Regulations come into force on exit day.

Amendments

2. —(1)Schedule 1 (which amends the Renewables Obligation Order 2015 ) has effect.

(2)Schedule 2 (which amends the Renewables Obligation (Scotland) Order 2009 ) has effect.

(3)Schedule 3 (which amends the Renewables Obligation Order (Northern Ireland) 2009 ) has effect.

Claire Perry

Minister of State for Climate Change and Industry

Department for Business, Energy and Industrial Strategy

Regulation 2(1)

SCHEDULE 1 Renewables Obligation Order 2015

Renewables Obligation Order 2015 amended

1. The Renewables Obligation Order 2015 is amended in accordance with paragraphs 2 to 9.

Article 2 amended (interpretation)

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

(2) In paragraph (1) omit the definition of “permitted termination event”.

Article 45 amended (generating stations using excluded capacity to generate electricity)

3. —(1)Article 45 is amended as follows.

(2) In paragraph (4)(e) omit paragraph (ii) and the “and” preceding it.

Article 50 amended (combustion units in relation to which a CFD or investment contract has been entered into)

4. —(1)Article 50 is amended as follows.

(2) In paragraph (1)(b) omit paragraph (ii) and the “and” preceding it.

(3) In paragraph (4) omit from “unless” to the end.

Article 62 amended (common agricultural policy requirements in the case of bioliquids)

5. —(1)Article 62 is amended as follows.

(2) The existing text becomes paragraph (1).

(3) In paragraph (1)(a)(ii) for “cultivated in the EU” substitute “ cultivated in the United Kingdom or the EU ” .

(4) After paragraph (1) insert—

“ (2) In paragraph (1), a reference to the 2013 Regulation is a reference to—

(a) in relation to biomaterial cultivated in the United Kingdom on or after IP completion day , the 2013 Regulation as it forms part of domestic law;

(b) in any other case, the 2013 Regulation as it has effect in EU law. ” .

Article 88 amended (preliminary accreditation of generating stations)

6. —(1)Article 88 is amended as follows.

(2) In paragraph (2)(c) omit “subject to paragraph (3),”.

(3) Omit paragraph (3).

Article 89 amended (accreditation of generating stations)

7. —(1)Article 89 is amended as follows.

(2) In paragraph (4)(e) omit “subject to paragraph (8),”.

(3) Omit paragraph (8).

(4) In paragraph (9)(b)—

(a) omit “either—”;

(b) omit paragraph (ii) and the “or” preceding it.

Article 91 amended (registration of offshore wind turbines)

8. —(1)Article 91 is amended as follows.

(2) In paragraph (5)(b) for “one of the documents” substitute “ the document ” .

Article 92 amended (registration of additional capacity)

9. —(1)Article 92 is amended as follows.

(2) In paragraph (5)(b)—

(a) omit “either—”;

(b) omit paragraph (ii) and the “or” preceding it.

Regulation 2(2)

SCHEDULE 2 Renewables Obligation (Scotland) Order 2009

Renewables Obligation (Scotland) Order 2009 amended

1. The Renewables Obligation (Scotland) Order 2009 is amended in accordance with paragraphs 2 and 3.

Article 22B amended (common agricultural policy requirements)

2. —(1)Article 22B is amended as follows.

(2) The existing text becomes paragraph (1).

(3) In paragraph (1)(a)(ii) for “cultivated in the EU” substitute “ cultivated in the United Kingdom or the EU ” .

(4) After paragraph (1) insert—

“ (2) In paragraph (1), a reference to the 2013 Regulation is a reference to—

(a) in relation to biomaterial cultivated in the United Kingdom on or after IP completion day , the 2013 Regulation as it forms part of domestic law;

(b) in any other case, the 2013 Regulation as it has effect in EU law. ” .

Article 58 amended (preliminary accreditation of generating stations)

3. —(1)Article 58 is amended as follows.

(2) In paragraph (4) omit sub-paragraphs (a) to (c) including the “or” at the end of sub-paragraph (c).

Regulation 2(3)

SCHEDULE 3 Renewables Obligation Order (Northern Ireland) 2009

Renewables Obligation Order (Northern Ireland) 2009 amended

1. The Renewables Obligation Order (Northern Ireland) 2009 is amended in accordance with paragraph 2.

Article 21B amended (common agricultural policy requirements)

2. —(1)Article 21B is amended as follows.

(2) The existing text becomes paragraph (1).

(3) In paragraph (1)(a)(ii) for “cultivated in the EU” substitute “ cultivated in the United Kingdom or the EU ” .

(4) After paragraph (1) insert—

“ (2) In paragraph (1), a reference to the 2013 Regulation is a reference to—

(a) in relation to biomaterial cultivated in the United Kingdom on or after IP completion day , the 2013 Regulation as it forms part of domestic law;

(b) in any other case, the 2013 Regulation as it has effect in EU law. ” .

Status: There are currently no known outstanding effects for the The Renewables Obligation (Amendment) (EU Exit) Regulations 2019.
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 (2019/35)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in Sch. 1 para. 5(4) substituted (31.12.2020 immediately before IP completion day) by The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration and Renewables Obligation (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/849) , regs. 1(2) , 3(2)substituted
F2Words in Sch. 2 para. 2(4) substituted (31.12.2020 immediately before IP completion day) by The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration and Renewables Obligation (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/849) , regs. 1(2) , 3(3)substituted
F3Words in Sch. 3 para. 2(4) substituted (31.12.2020 immediately before IP completion day) by The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration and Renewables Obligation (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/849) , regs. 1(2) , 3(4)substituted
I1Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
I2Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
I3Sch. 1 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
I4Sch. 1 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
I5Sch. 1 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
I6Sch. 1 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
I7Sch. 1 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I8Sch. 1 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
I9Sch. 1 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
I10Sch. 1 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
I11Sch. 1 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
I12Sch. 2 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
I13Sch. 2 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I14Sch. 2 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
I15Sch. 3 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
I16Sch. 3 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
M12018 c. 16 .
M2S.I. 2015/1947 , to which there are amendments not relevant to these Regulations.
M3S.S.I. 2009/140 , amended by S.S.I. 2011/225 , 2014/94 and 2015/384; there are other amending instruments but none is relevant.
M4S.R. 2009/154 , amended by S.R. 2011/169 , 2013/116 and 2016/84; there are other amending instruments but none is relevant.
Defined TermSection/ArticleIDScope of Application
Changes that affect Made by
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The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 2 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 Sch. 1 para. 1 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 Sch. 1 para. 2 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 Sch. 1 para. 3 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 Sch. 1 para. 4 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 Sch. 1 para. 5 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 Sch. 1 para. 6 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 Sch. 1 para. 7 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 Sch. 1 para. 8 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 Sch. 1 para. 9 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 Sch. 2 para. 1 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 Sch. 2 para. 2 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 Sch. 2 para. 3 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 Sch. 3 para. 1 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes
The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 Sch. 3 para. 2 coming into force The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 2019 No. 35 reg. 1(2) Yes

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.