S.L. 545.27 Art. 2Definitions.

(1) Unless otherwise stated in these regulations, the definitions in the Act shall apply.

(2) In these regulations, unless the context otherwise requires:

"the Act" means the Regulator for Energy and Water Services

Act;

"annual threshold" means the cap in kWh or kVAh for the payment of the feed-in tariff for the period of time commencing on the 1st January and ending on the 31st December of each year;

"change of use of premises" means the change in the classification of a premises in terms of these regulations whether domestic or residential or non-residential or institutional household; "co-generation" means the simultaneous generation in one process of thermal energy and electrical or mechanical energy; "co-generation unit" means a unit that is able to operate in co-generation mode; "commissioned" means the first time a solar photovoltaic installation is put into operation, following the establishment of operational readiness;

"DC" means direct current; " aid" means aid awarded in accordance with de minimis Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to aid; de minimis

*see regulation 1(3) of these Regulations, as originally promulgated. "distribution" means the transport of electricity on high voltage, medium voltage and low voltage distribution systems with a view to its delivery to consumers, but not including supply; "distribution system" means all the interconnected technical facilities used for conveying electricity to final customers; "distribution system operator" shall have the same meaning as assigned to it in the Electricity Regulations;

"domestic premises" means premises which include private dwellings with no persons registered with the distribution system operator as residing in them such as second homes, or private garages and common areas including roofs, stairs, terraces, gardens to buildings which are used solely for private dwellings;

"export of electricity" means in the case of a solar photovoltaic installation where the installation operator sells all electricity generated to the distribution system operator, the total electricity generated by the solar photovoltaic installation, and, in the case where the installation operator generates electricity primarily for own consumption in the premises where the solar photovoltaic system is located, the excess electricity generated by the solar photovoltaic installation but not consumed on site and which is injected into the distribution system; "FIT" means feed-in tariff;

"FIT scheme" means the annual scheme whereby a specific amount of electricity generated by eligible solar photovoltaic installations and exported to the distribution system are paid a feed-in tariff as established in terms of these regulations; "generation" means the production of electricity; "ground-mounted" means installed on a supporting structure directly above ground, or integrated or fixed to a structure, such as a tent, greenhouse, glasshouse, canopy or other similar structure but does not include any structure installed on the roof of a building; "installation operator" means the owner of the solar photovoltaic installation; "institutional households" shall include the following premises:

(a) healthcare institutions such as premises used as a hospital, nursing home or as any institution providing medical or nursing care;

(b) institutions for retired, elderly or disabled persons, including premises used as a home for the retired or elderly persons or persons with any disability;

(c) educational institutions including premises used as a boarding school or for similar purposes;

(d) care institutions including premises used as orphanages, shelter homes, open centres for refugees or for similar purposes;

(e) religious institutions including premises used as convents, retreat houses, or for similar purposes;

(f) military institutions such as military barracks;

(g) other institutions including premises used as boarding houses, penal or correctional facilities or for similar purposes; "kVAh" means kilo Volt Ampere hour; "kW" means kilo Watt; "kWh" means kilo Watt hours;

"metering equipment" means the electricity meters provided by the distribution system operator including smart meters, any voltage and current transformers and any other associated equipment and wiring required to measure the quantity of electricity supplied or exported;

"the Minister" shall have the same meaning as assigned to it in the Act;

"net metering arrangement" means the arrangement in place prior to the entry into force of these regulations where the units exported to the grid are deducted from the units imported from the distribution system for the calculation of the electricity bill; "non-residential premises" means a building or plot of land which is used wholly or mainly for the purpose of conducting an economic activity, but does not include any building such as private garages or common areas to buildings which are used solely as private dwellings; "operating aid" means the difference between the feed-in tariffs under the Second Schedule and the proxy for the market price for electricity established by the Electricity Regulations;

"operational readiness" means the capability to function in accordance with design and specifications;

"period of guaranteed payment of the feed-in tariff" means the period of time over which the feed-in tariff for all electricity generated from a solar photovoltaic installation is guaranteed; "premises code" means a unique number assigned by the distribution system operator identifying a particular premises with its individual service address and served with electricity and, or water; "proxy for the market price" shall have the same meaning as assigned to it in the Electricity Regulations; "the Regulator" means the Regulator for Energy and Water Services as established by the Act; "renewable energy sources" means renewable non-fossil energy sources, that is, wind, solar, geothermal, wave, tidal, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;

"residential premises" means any premises used solely and regularly as a private dwelling where at least one person resides but does not include institutional households; "roof-mounted" means installed on the roof of a building and for the purposes of this definition "roof" shall also include a supporting structure permanently installed or attached to the roof of a building, but which shall exclude any supporting structure integrated or fixed to a structure, such as tent, canopies or other similar structures when installed ground-mounted; "scheduled" means in accordance with the scheduled program of ARMS Limited for the taking of periodic electricity meter readings; "smart meters" shall have the same meaning as assigned to it in the Electricity Supply Regulations;

"spill-off tariff" means the tariff to be paid for every unit generated by the installation operator in excess of own consumption and exported to the distribution system from a solar photovoltaic installation when the billing is done on a net metering arrangement;

"solar photovoltaic installation" means a solar photovoltaic system that generates electricity exclusively from solar radiation and consisting of all accessories including:

(a) an array or arrays of photovoltaic modules that collect and absorb sunlight for conversion into electricity;

(b) an inverter or inverters;

(c) associated balance of system components, including wiring, conduits, switchgear, protection equipment, ancillary equipment and any other part of the installation necessary for the production and conveyance of electricity up to the metering equipment supplied by the distribution system operator, after the said solar photovoltaic installation has been approved by the Regulator as meeting the applicable criteria specified in the First Schedule; "structure integrated solar photovoltaic installation" means a solar photovoltaic installation whereby the photovoltaic panels form part of the fabric of a structure which is not primarily intended for supporting PV panels but which can be so adapted. These include the following:

(a) photovoltaic installations integrated in building façades only when the panels replace glass, stone, concrete or other building components in the façade;

(b) bus shelters when the panels form part of the bus shelter envelope substituting other material necessary for the structure to function as a bus shelter;

(c) canopies when the panels substitute other materials;

(d) greenhouses when the PV panels substitute other material; "submission date" means, in the case of a solar photovoltaic installation mentioned in regulation 4(1), the date on which the request to participate in the FIT scheme is received by the Regulator and, in the case of a solar photovoltaic installation mentioned in regulation 4(2), the date when a notification or an application for an authorisation to construct a solar photovoltaic installation, as the case may be, is received by the Regulator together with the request to participate in the FIT scheme;

"undertaking" means any entity engaged in an economic activity, regardless of its legal status and the way in which it is financed. For the purposes of this definition "entity" includes any natural or legal person engaged in the provision of a good or service on the market;