Section 32W: Section 32V: transitional provision and savings, Electricity Act 1989

This section applies where a certificate purchase order contains banding provision.

The order may provide for the effect of any banding provision made in an earlier such order to continue, in such circumstances as may be specified, in relation to—

the electricity generated by generating stations of such descriptions as may be specified, or

so much of the electricity as may be determined in accordance with the order.

The order may provide for—

the effect of any banding provision made in a renewables obligation order by virtue of section 32D(1) to apply, in such circumstances as may be specified, in relation to GB certificates as it applied in relation to renewables obligation certificates;

the effect of any banding provision made in an order under Article 52 of the Energy (Northern Ireland) Order 2003, by virtue of Article 54B(1) of the Order, to apply, in such circumstances as may be specified, in relation to NI certificates as it applied in relation to Northern Ireland RO certificates.

Section 32V(4) and (7) do not apply in relation to provision of the kind mentioned in subsection (2) or (3) above.

Subsection (7) applies to a generating station in respect of which a statutory grant has been awarded if—

the generating station is of a specified description, or

the circumstances of the case meet specified requirements.

The requirements specified under subsection (5)(b) may relate to the time when the grant was awarded (whether a time before or after the coming into force of this section).

A certificate purchase order which contains banding provision may provide for the operation of that provision in relation to electricity generated by a generating station to which this subsection applies to be conditional upon the operator of the station agreeing—

if the grant or any part of it has been paid, to repay to the person who made the grant ("the payer") the whole or a specified part of the grant or part before the repayment date,

to pay to the payer interest on an amount repayable under paragraph (a) for such period, and at such rate, as may be determined in accordance with the order (which may confer the function of making the determination on a person), and

if the grant or any part of it has not yet been paid, to consent to the cancellation of the award of the grant or part.

For the purposes of subsection (7)—

"the repayment date" means the date specified in or determined in accordance with the order, and

the period for which interest is payable must not begin before the grant was paid or, if the repayment relates to an instalment of the grant, before the instalment was paid.

In this section "statutory grant" means—

a grant awarded under section 5(1) of the Science and Technology Act 1965 (grants to carry on or support scientific research), or

any other grant which is payable out of public funds and awarded under or by virtue of an Act or other statutory provision (as defined by section 1(f) of the Interpretation Act (Northern Ireland) 1954).

This section is without prejudice to section 32Z(1)(b).

Section 32W: Section 32V: transitional provision and savings

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