Section 32Y: Certificate purchase orders: corresponding provision, Electricity Act 1989

This section applies where the Secretary of State exercises a listed power in the making of a certificate purchase order.

The Secretary of State must—

so far as the order is made for a GB purpose, exercise the listed power in the way that the Secretary of State considers will replicate the effect of provision contained in a renewables obligation order (whenever made, and whether or not made by the Secretary of State) by virtue of the equivalent GB power;

so far as the order is made for a NI purpose, exercise the listed power in the way that the Secretary of State considers will replicate the effect of provision contained in an order under Article 52 of the 2003 NI Order (whenever made) by virtue of the equivalent NI power.

The duty in subsection (2) to exercise any listed power in the way mentioned in that subsection applies only to the extent that it appears to the Secretary of State that—

it is reasonably practicable to exercise the listed power in that way, and

exercising the power in that way is not inconsistent with other duties or requirements of the Secretary of State (whether arising under this Act or another enactment, by virtue of any EU obligation or otherwise).

In the Table—

a "listed power" is any power specified in the first column;

the "equivalent GB power", in relation to a listed power, is the power specified in the corresponding entry in the second column;

the "equivalent NI power", in relation to a listed power, is the power specified in the corresponding entry in the third column, and in that column references to an Article are to an Article of the 2003 NI Order.

The duty in subsection (2), so far as it has effect in relation to the exercise of the listed power under section 32V(1) to specify different amounts of electricity in relation to different cases or circumstances, applies only to the first exercise of that listed power.

The relevant part of Great Britain to which a renewables obligation order relates may be ignored for the purposes of subsection (2)(a).

It does not matter for the purposes of subsection (2) whether or not a renewables obligation order, or an order made under Article 52 of the 2003 NI Order, is in force at the time when the listed powers in question are being exercised.

In this section—

"2003 NI Order" means the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6));
"GB purpose" means the purpose of imposing the certificate purchase obligation on the purchasing body of GB certificates;
"NI purpose" means the purpose of imposing the certificate purchase obligation on the purchasing body of NI certificates.

Section 32Y: Certificate purchase orders: corresponding provision

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