The Renewables Obligation Order 2009
Draft 2009, ISBN 9780111473955
Draft Order laid before Parliament under section 32L(2) of the Electricity Act 1989, for approval by resolution of each House of Parliament.
Electricity, England And Wales
Made *** 2009
Coming into force 1st April 2009
This Order is made by the Secretary of State in exercise of the powers conferred by sections 32 to 32M of the Electricity Act 1989f1.
The Secretary of State has had regard to those matters stated in section 32D(4) of that Act.
The Secretary of State has consulted the Gas and Electricity Markets Authority, the Gas and Electricity Consumer Council, electricity suppliers to whom this Order applies, and such generators of electricity from renewable sources and other persons as considered appropriate in accordance with section 32L(1) of that Act.
In accordance with section 32L(2) of that 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, as substituted by section 37 of the Energy Act 2008 (c.32).
Contents
- Part 1: Introductory provisions
- 1Citation, commencement and extent
- 2Interpretation
- 3Waste as a renewable source
- 4Biomass and fuels which are to be treated as biomass
- Part 2: The renewables obligation
- 5The renewables obligation
- 6Part of calculation A referable to Great Britain
- 7Part of calculation A referable to Northern Ireland
- 8Calculation A
- 9Calculation B
- 10Calculation C
- 11Determining the total number of renewables obligation certificates to be produced in an obligation period
- 12Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation
- 13Further provision in relation to the production of renewables obligation certificates
- Part 3: Matters to be certified by and content of ROCs
- 14Matters to be certified by ROCs
- 15When electricity is to be regarded as supplied to customers in Great Britain or Northern Ireland
- 16When electricity used in a permitted way for ROCs certifying matters within section 32B(7) or (8) of the Act
- Part 4: Cases and circumstances when a ROC must not be issued
- 17Excluded generating stations
- 18Generating stations first commissioned before 1st January 1990
- 19Generating stations generating under arrangements referred to in the Electricity (Northern Ireland) Order 1992
- 20Generating stations in respect of which a NFFO arrangement applied but was terminated
- 21Non-commissioned generating stations in respect of which a NFFO arrangement applies
- 22Circumstances in which no ROCs are to be issued in respect of electricity generated from renewable sources
- 23Circumstances in which no ROCs are to be issued by virtue of section 32C(8)(a) of the Act
- Part 5: ROCs to be issued by Authority in respect of renewable output
- 24ROCs to be issued by Authority in respect of a generating station’s renewable output
- 25Calculating a generating station’s renewable output
- 26Renewable output of a qualifying combined heat and power generating station
- Part 6: Banding and grandfathering
- 27The amount of electricity to be stated in each ROC
- 28Qualifying combined heat and power generating stations
- 29Microgenerators
- 30Generating stations which were accredited as at 11th July 2006
- 31Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009
- 32Generating stations in respect of which a statutory grant has been awarded
- 33Review of banding provisions
- Part 7: Issue and revocation of ROCs
- 34Issue of ROCs to generators and suppliers
- 35Issue of ROCs to agents
- 36General criteria for the issue of ROCs
- 37Criteria applicable to ROCs where article 36(1)(a) or (b) cannot be complied with
- 38Further criterion applicable to ROCs certifying matters within section 32B(3) and (5) of the Act where electricity generated otherwise than on land
- 39Further criteria applicable to ROCs certifying matters within section 32B(3) to (6) of the Act
- 40Further criteria applicable to ROCs certifying matters within section 32B(5), (6) and (8) of the Act
- 41Refusing to issue and revoking ROCs
- Part 8: Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds, and mutualisation
- 42Interpretation
- 43Payments to discharge the renewables obligation
- 44Late payments to discharge the renewables obligation
- 45Dealing with the buy-out fund: payments into the Consolidated Fund and to the Northern Ireland authority
- 46Dealing with the late payment fund: payments into the Consolidated Fund and to the Northern Ireland authority
- 47Dealing with the buy-out and late payment funds: payments to United Kingdom suppliers
- 48Shortfall in the buy-out and late payment funds: the total mutualisation sum
- 49Payments to be made by suppliers towards the total mutualisation sum
- 50Circumstances in which payments towards the total mutualisation sum are to be re‑calculated
- 51Re-calculated payments to be made by suppliers towards the total mutualisation sum and repayments by the Authority
- 52Payments to be made to suppliers out of the mutualisation fund
- Part 9: Provision of information, functions of the Authority and modification of this Order in relation to microgenerators in certain circumstances
- 53Provision of information to the Authority
- 54Information to be provided to the Authority where electricity is generated from biomass
- 55Provision of information to the Secretary of State
- 56Exchange of information with the Northern Ireland authority
- 57Functions of the Authority
- 58Preliminary accreditation and accreditation of generating stations
- 59ROC Register
- 60Modification of this Order in relation to microgenerators in certain circumstances
- 61Revocation, transitional and savings
- Signature
- Schedule 1CALCULATION OF THE ROC OBLIGATION
- Schedule 2: ELECTRICITY TO BE STATED IN ROCs
- Part 1: INTERPRETATION
- 1Paragraph 1
- 2AMOUNT OF ELECTRICITY TO BE STATED IN ROCs GENERALLY
- 3AMOUNT OF ELECTRICITY TO BE STATED IN RENEWABLES OBLIGATION CERTIFICATES WHERE ARTICLE 30(3) APPLIES
- 4AMOUNT OF ELECTRICITY TO BE STATED IN RENEWABLES OBLIGATION CERTIFICATES WHERE ARTICLE 30(5) OR ARTICLE 31(4) APPLIES
- Schedule 3AMOUNT OF RELEVANT SHORTFALL FOR THE RELEVANT OBLIGATION PERIOD
- Schedule 4: THE ROC REGISTER
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Explanatory note