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The Renewables Obligation Order 2015

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

Draft 2015, ISBN 9780111138359

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, England And Wales

Made 2015

Coming into force in accordance with article 1

This Order is made by the Secretary of State in exercise of the powers conferred by sections 32 to 32K, 32LA and 32M 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 Act)f3.

The Secretary of State is a Minister designated for the purposes of section 2(2) of the 1972 Act in relation to energy and energy sourcesf4.

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 in article 83 of and Schedules 1 and 3 to this Order to be construed as references to Annex 5 to that Directive as amended from time to time.

The Secretary of State has consulted the Gas and Electricity Markets Authority, the National Association of Citizens Advice Bureaux, the Scottish Association of Citizens Advice Bureauxf6, 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 exercising the power to make provision under section 32D(1) of the 1989 Act, the Secretary of State has had regard to the matters specified in section 32D(4).

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 and section 55(2) of the Energy Act 2013 (c.32) and section 32LA was inserted together with section 32LB by section 55(1) of that Act.

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

Article 6 of S.I. 2010/761.

f5

OJ No L 140, 5.6.2009, p16.

f6

Section 32L(1) of the 1989 Act refers to “the Authority”, “Citizens Advice” and “Citizens Advice Scotland”. These are defined in section 111(1) of the 1989 Act, as inserted by paragraph 40(a) of Schedule 6 to the Utilities Act 2000 (c.27) and paragraph 5(20) of Schedule 1 to S.I. 2014/631.

Contents

  1. Part 1: Introductory provisions
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Biomass and fuels which are to be treated as biomass
  5. 4Fossil derived bioliquid
  6. 5Waste as a renewable source
  7. 6Grace period generating stations
  8. Part 2: The renewables obligation
  9. 7The renewables obligation
  10. 8Part of calculation A referable to Great Britain
  11. 9Part of calculation A referable to Northern Ireland
  12. 10Calculation A
  13. 11Calculation B
  14. 12Determining the total number of UK ROCs to be produced in an obligation period
  15. 13Determining the number of UK ROCs to be produced by a designated electricity supplier in order to discharge its renewables obligation
  16. 14Further provision in relation to the production of UK ROCs
  17. Part 3: Matters to be certified by and content of ROCs
  18. 15Matters to be certified by ROCs
  19. 16When electricity is to be regarded as supplied to customers in Great Britain or Northern Ireland
  20. 17When electricity is used in a permitted way for ROCs certifying matters within section 32B(7) or (8) of the Act
  21. Part 4: Issue and revocation of ROCs
  22. 18Issue of ROCs to generators and suppliers
  23. 19Issue of ROCs to agents
  24. 20Confirmations required from the person being issued with a ROC
  25. 21Further confirmations required for ROCs certifying matters within section 32B(3) and (5) of the Act where electricity generated otherwise than on land
  26. 22Further confirmations required for ROCs certifying matters within section 32B(3) to (6) of the Act
  27. 23Further confirmations required for ROCs certifying matters within section 32B(5), (6) and (8) of the Act
  28. 24Refusing to issue and revoking ROCs
  29. 25Where ROCs cannot be revoked
  30. Part 5: RO eligible renewable output
  31. 26Meaning of RO input electricity
  32. 27Meaning of RO output electricity
  33. 28ROCs to be issued by the Authority in respect of a generating station’s RO eligible renewable output
  34. 29Calculating a generating station’s RO eligible renewable output
  35. 30Calculating the RO eligible renewable output of a qualifying CHP station
  36. Part 6: Banding
  37. 31Calculating the amount of electricity generated by a particular category of generating capacity
  38. 32Calculating the amount of electricity generated in a particular way
  39. 33The amount of electricity to be stated in each ROC
  40. 34Microgenerators
  41. 35Electricity generated by qualifying CHP stations
  42. 36Low-range co-firing of relevant energy crops
  43. 37Generating stations which were accredited as at 11th July 2006
  44. 38Landfill gas and sewage gas generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009
  45. 39Offshore wind turbines installed between 2006 and 2010
  46. 40Wave and tidal stream generating stations
  47. 41Generating stations in respect of which a statutory grant has been awarded
  48. 42Review of banding provisions
  49. Part 7: Cases and circumstances when a ROC must not be issued
  50. 43Generating stations not compliant with accreditation or metering requirements
  51. 44Maximum period of eligibility for ROCs
  52. 45Generating stations using excluded capacity to generate electricity
  53. 46Generating stations located outside England and Wales
  54. 47Electricity supplied to customers in Northern Ireland
  55. 48Combustion units in relation to which a capacity agreement has been issued
  56. 49Electricity in respect of which a CFD or investment contract applies
  57. 50Combustion units in relation to which a CFD or investment contract has been entered into
  58. 51Generating stations supported or potentially eligible for support under a feed-in tariff scheme
  59. 52Generating stations in respect of which a NFFO arrangement applied but was terminated
  60. 53Non-commissioned generating stations in respect of which a NFFO arrangement applies
  61. 54Large hydro generating stations first commissioned on or before 1st April 2002
  62. 55Generating stations first commissioned before 1st January 1990
  63. 56Generating stations using peat
  64. 57Generating stations using landfill gas
  65. 58Generating stations using gaseous fuel produced by means of gasification or pyrolysis
  66. 59Generating stations using Solid Recovered Fuel
  67. 60Generating stations using waste or fossil fuel
  68. 61Circumstances in which ROCs must not be issued in respect of electricity generated from bioliquid
  69. 62Common agricultural policy requirements in the case of bioliquids
  70. 63Circumstances in which ROCs must not be issued in respect of electricity generated from solid or gaseous biomass
  71. 64Cases where a renewables obligation certificate has already been issued
  72. 65Cases and circumstances when a ROC must not be issued: general provisions
  73. Part 8: Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds, and mutualisation
  74. 66Interpretation
  75. 67Payments to discharge the renewables obligation
  76. 68Late payments to discharge the renewables obligation
  77. 69Dealing with the buy-out fund: payments into the Consolidated Fund and to the Northern Ireland authority
  78. 70Dealing with the late payment fund: payments into the Consolidated Fund and to the Northern Ireland authority
  79. 71Dealing with the buy-out and late payment funds: payments to UK suppliers
  80. 72Determining whether a relevant shortfall has occurred
  81. 73Calculating the total mutualisation sum in the case of a relevant shortfall
  82. 74Payments to be made by suppliers towards the total mutualisation sum
  83. 75Circumstances in which payments towards the total mutualisation sum are to be re-calculated
  84. 76Re-calculated payments to be made by suppliers towards the total mutualisation sum and repayments by the Authority
  85. 77Payments to be made to suppliers out of the mutualisation fund
  86. Part 9: Provision of information
  87. 78Provision of information required by the Authority to carry out its functions
  88. 79Provision of information to determine whether a supplier is discharging its renewables obligation
  89. 80Provision of information to determine whether a ROC is to be, or should have been, issued
  90. 81Notification by the operator of a low-range co-firing combustion unit
  91. 82Information to be provided to the Authority where electricity is generated from biomass
  92. 83Bioliquid sustainability audit report
  93. 84Solid and gaseous biomass sustainability audit report
  94. Part 10: Functions of the Authority
  95. 85Determination of matters by the Authority
  96. 86Functions of the Authority
  97. 87Exchange of information with the Northern Ireland Authority
  98. 88Preliminary accreditation of generating stations
  99. 89Accreditation of generating stations
  100. 90Preliminary accreditation and accreditation: common provisions
  101. 91Registration of offshore wind turbines
  102. 92Registration of additional capacity
  103. 93ROC Register
  104. Part 11: Modifications and transitional provisions
  105. 94Modification of this Order in relation to microgenerators in certain circumstances
  106. 95Revocation and savings
  107. 96Transitional provisions
  108. 97Consequential amendments to the Renewables Obligation Closure Order 2014
  109. Signature
  110. Schedule 1: GREENHOUSE GAS CRITERIA FOR BIOLIQUID
  111. 1Interpretation
  112. 2The greenhouse gas criteria
  113. 3Calculating the percentage difference
  114. 4Calculating the percentage difference
  115. 5Calculating the percentage difference
  116. 6Calculating the percentage difference
  117. Schedule 2: GREENHOUSE GAS CRITERIA FOR SOLID AND GASEOUS BIOMASS
  118. Part 1: Greenhouse gas criteria
  119. 1Interpretation
  120. 2The greenhouse gas criteria
  121. 3Calculating the greenhouse gas emissions
  122. 4Calculating the greenhouse gas emissions
  123. 5Calculating the greenhouse gas emissions
  124. Part 2: Actual value method
  125. 6Paragraph 6
  126. 7Paragraph 7
  127. Part 3: Default value method
  128. 8Paragraph 8
  129. 9Paragraph 9
  130. 4Default greenhouse gas emissions from the production of biomass
  131. Schedule 3: LAND CRITERIA
  132. 1Interpretation
  133. 2Land criteria: bioliquids
  134. 3Land criteria: woody biomass
  135. 4Land criteria: other fuels
  136. 5Protected sources
  137. 6Sustainable source
  138. 7Exempt purposes
  139. Schedule 4: THE ROC REGISTER
  140. 1Paragraph 1
  141. 2Paragraph 2
  142. 3Paragraph 3
  143. 4Paragraph 4
  144. 5Paragraph 5
  145. 6Paragraph 6
  146. 7Paragraph 7
  147. 8Paragraph 8
  148. 9Paragraph 9
  149. 10Paragraph 10
  150. 11Paragraph 11
  151. 12Paragraph 12
  152. 13Paragraph 13
  153. 14Paragraph 14
  154. 15Paragraph 15
  155. Schedule 5: ELECTRICITY TO BE STATED IN ROCs
  156. Part 1: INTERPRETATION
  157. 1Paragraph 1
  158. 2AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY
  159. 3AMOUNT 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
  160. 4AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED BY MICROGENERATORS TO WHICH ARTICLE 34 APPLIES
  161. 5AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY OR 2013/15 CAPACITY WHERE ARTICLE 35(3) OR (4) APPLIES
  162. 6AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 35(5) APPLIES
  163. 7AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 35(6) APPLIES
  164. Explanatory note