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The Renewables Obligation (Amendment) Order 2013

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2013, ISBN 9780111534137

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 32L(2) of the Electricity Act 1989 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972, for approval by resolution of each House of Parliament.

Electricity

Made ***

Coming into force 1st April 2013

This Order is made by the Secretary of State in exercise of the powers conferred by sections 32(1) and (2), 32A(1) and (2)(c), (f) and (g), 32C(1) to (6), 32D(1), (2) and (8)(b), 32E(2) and (6), 32J(3) and 32K(1) and (3) of the Electricity Act 1989f1 (“the 1989 Act”) and section 2(2) of the European Communities Act 1972f2 (“the 1972 Act”) (as read with paragraph 1A of Schedule 2 to the 1972 Actf3).

The Secretary of State is a Minister designatedf4 for the purposes of section 2(2) of the 1972 Act in relation to energy and energy sources.

This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for the references to Annex 5 to Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sourcesf5 inserted by this Order into article 54A of the Renewables Obligation Order 2009f6 to be construed as references to Annex 5 to the Directive as amended from time to time.

The Secretary of State has had regard to those matters stated in section 32D(4) of the 1989 Act and has held a review by virtue of section 32D(8) of that Act.

The Secretary of State has consulted the Gas and Electricity Markets Authorityf7, the National Consumer Councilf8, electricity suppliers to whom this Order applies, and such generators of electricity from renewable sources and other persons as the Secretary of State considered appropriate in accordance with section 32L(1) of the 1989 Act.

In accordance with section 32L(2) of the 1989 Act and paragraph 2(2) of Schedule 2 to the 1972 Act a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Accordingly the Secretary of State makes the following Order:

Annotations to the whole text

Footnotes

f1

1989 c.29, sections 32 to 32M were substituted by section 37 of the Energy Act 2008 (c.32) for sections 32 to 32C. Section 32M(1) was amended by article 2 of S.I. 2011/984.

f2

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

f3

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by article 3 of S.I. 2007/1388 and Part 1 of the Schedule to the European Union (Amendment) Act 2008.

f4

S.I. 2010/761.

f5

OJ L 140, 5.6.2009, p.16.

f6

S.I. 2009/785 as amended by S.I. 2010/1107, S.I. 2011/984 and S.I. 2011/988.

f7

Section 32L(1) of the 1989 Act refers to “the Authority”, this is defined in section 111(1) as inserted by paragraph 40(a) of Schedule 6 to the Utilities Act 2000 (c.27).

f8

Section 32L(1) of the 1989 Act refers to “the Council”, this is defined in section 111(1) as substituted by section 30(4)(b) of the Consumers, Estate Agents and Redress Act 2007 (c.17).

Contents

  1. 1Citation, commencement, extent and interpretation
  2. 2Amendments to article 2 of the 2009 Order (interpretation)
  3. 3Amendment to article 4 (biomass and fuels which are to be treated as biomass)
  4. 4Amendments to article 13 (further provision in relation to the production of renewables obligation certificates)
  5. 5Amendments to article 22 (circumstances in which no ROCs are to be issued in respect of electricity generated from renewable sources)
  6. 6Amendment to article 24 (ROCs to be issued by Authority in respect of a generating station’s renewable output)
  7. 7Amendments to article 25 (calculating a generating station’s renewable output)
  8. 8Amendments to article 26 (renewable output of a qualifying combined heat and power generating station)
  9. 9Amendment to article 27 (the amount of electricity to be stated in each ROC)
  10. 10Substitution of article 28 (qualifying combined heat and power generating stations)
  11. 11Co-firing
  12. 12Amendment to article 29 (microgenerators)
  13. 13Amendments to article 30 (generating stations which were accredited as at 11th July 2006)
  14. 14Amendments to article 30A (offshore wind generating stations using relevant wind turbines)
  15. 15Wave and tidal stream generating stations
  16. 16Amendments to article 31 (generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009)
  17. 17Amendment to article 32 (generating stations in respect of which a statutory grant has been awarded)
  18. 18Amendments to article 33 (review of banding provisions)
  19. 19Amendment to article 36 (general criteria for the issue of ROCs)
  20. 20Amendments to article 54 (information to be provided to the Authority where electricity is generated from biomass or fossil derived bioliquid)
  21. 21Amendments to article 54A (bioliquid sustainability audit report)
  22. 22Registration as a grace period generating station
  23. 23Amendment to article 60 (modification of this Order in relation to microgenerators in certain circumstances)
  24. 24Amendments to Part 1 of Schedule 2 (interpretation)
  25. 25Substitution of Part 2 of Schedule 2 (amount of electricity to be stated in ROCs generally)
  26. 26Amount of electricity to be stated in ROCs issued for electricity generated using 2013/14 capacity, 2014/15 capacity, 2015/16 capacity or post-2016 capacity
  27. 27Transitional provision
  28. Signature
  29. Explanatory note