The Renewables Obligation Order 2015
Draft 2015, ISBN 9780111138359
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
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
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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
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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
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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
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Article 6 of S.I. 2010/761.
- f5
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OJ No L 140, 5.6.2009, p16.
- f6
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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
- Part 1: Introductory provisions
- 1Citation, commencement and extent
- 2Interpretation
- 3Biomass and fuels which are to be treated as biomass
- 4Fossil derived bioliquid
- 5Waste as a renewable source
- 6Grace period generating stations
- Part 2: The renewables obligation
- 7The renewables obligation
- 8Part of calculation A referable to Great Britain
- 9Part of calculation A referable to Northern Ireland
- 10Calculation A
- 11Calculation B
- 12Determining the total number of UK ROCs to be produced in an obligation period
- 13Determining the number of UK ROCs to be produced by a designated electricity supplier in order to discharge its renewables obligation
- 14Further provision in relation to the production of UK ROCs
- Part 3: Matters to be certified by and content of ROCs
- 15Matters to be certified by ROCs
- 16When electricity is to be regarded as supplied to customers in Great Britain or Northern Ireland
- 17When electricity is used in a permitted way for ROCs certifying matters within section 32B(7) or (8) of the Act
- Part 4: Issue and revocation of ROCs
- 18Issue of ROCs to generators and suppliers
- 19Issue of ROCs to agents
- 20Confirmations required from the person being issued with a ROC
- 21Further confirmations required for ROCs certifying matters within section 32B(3) and (5) of the Act where electricity generated otherwise than on land
- 22Further confirmations required for ROCs certifying matters within section 32B(3) to (6) of the Act
- 23Further confirmations required for ROCs certifying matters within section 32B(5), (6) and (8) of the Act
- 24Refusing to issue and revoking ROCs
- 25Where ROCs cannot be revoked
- Part 5: RO eligible renewable output
- 26Meaning of RO input electricity
- 27Meaning of RO output electricity
- 28ROCs to be issued by the Authority in respect of a generating station’s RO eligible renewable output
- 29Calculating a generating station’s RO eligible renewable output
- 30Calculating the RO eligible renewable output of a qualifying CHP station
- Part 6: Banding
- 31Calculating the amount of electricity generated by a particular category of generating capacity
- 32Calculating the amount of electricity generated in a particular way
- 33The amount of electricity to be stated in each ROC
- 34Microgenerators
- 35Electricity generated by qualifying CHP stations
- 36Low-range co-firing of relevant energy crops
- 37Generating stations which were accredited as at 11th July 2006
- 38Landfill gas and sewage gas generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009
- 39Offshore wind turbines installed between 2006 and 2010
- 40Wave and tidal stream generating stations
- 41Generating stations in respect of which a statutory grant has been awarded
- 42Review of banding provisions
- Part 7: Cases and circumstances when a ROC must not be issued
- 43Generating stations not compliant with accreditation or metering requirements
- 44Maximum period of eligibility for ROCs
- 45Generating stations using excluded capacity to generate electricity
- 46Generating stations located outside England and Wales
- 47Electricity supplied to customers in Northern Ireland
- 48Combustion units in relation to which a capacity agreement has been issued
- 49Electricity in respect of which a CFD or investment contract applies
- 50Combustion units in relation to which a CFD or investment contract has been entered into
- 51Generating stations supported or potentially eligible for support under a feed-in tariff scheme
- 52Generating stations in respect of which a NFFO arrangement applied but was terminated
- 53Non-commissioned generating stations in respect of which a NFFO arrangement applies
- 54Large hydro generating stations first commissioned on or before 1st April 2002
- 55Generating stations first commissioned before 1st January 1990
- 56Generating stations using peat
- 57Generating stations using landfill gas
- 58Generating stations using gaseous fuel produced by means of gasification or pyrolysis
- 59Generating stations using Solid Recovered Fuel
- 60Generating stations using waste or fossil fuel
- 61Circumstances in which ROCs must not be issued in respect of electricity generated from bioliquid
- 62Common agricultural policy requirements in the case of bioliquids
- 63Circumstances in which ROCs must not be issued in respect of electricity generated from solid or gaseous biomass
- 64Cases where a renewables obligation certificate has already been issued
- 65Cases and circumstances when a ROC must not be issued: general provisions
- Part 8: Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds, and mutualisation
- 66Interpretation
- 67Payments to discharge the renewables obligation
- 68Late payments to discharge the renewables obligation
- 69Dealing with the buy-out fund: payments into the Consolidated Fund and to the Northern Ireland authority
- 70Dealing with the late payment fund: payments into the Consolidated Fund and to the Northern Ireland authority
- 71Dealing with the buy-out and late payment funds: payments to UK suppliers
- 72Determining whether a relevant shortfall has occurred
- 73Calculating the total mutualisation sum in the case of a relevant shortfall
- 74Payments to be made by suppliers towards the total mutualisation sum
- 75Circumstances in which payments towards the total mutualisation sum are to be re-calculated
- 76Re-calculated payments to be made by suppliers towards the total mutualisation sum and repayments by the Authority
- 77Payments to be made to suppliers out of the mutualisation fund
- Part 9: Provision of information
- 78Provision of information required by the Authority to carry out its functions
- 79Provision of information to determine whether a supplier is discharging its renewables obligation
- 80Provision of information to determine whether a ROC is to be, or should have been, issued
- 81Notification by the operator of a low-range co-firing combustion unit
- 82Information to be provided to the Authority where electricity is generated from biomass
- 83Bioliquid sustainability audit report
- 84Solid and gaseous biomass sustainability audit report
- Part 10: Functions of the Authority
- 85Determination of matters by the Authority
- 86Functions of the Authority
- 87Exchange of information with the Northern Ireland Authority
- 88Preliminary accreditation of generating stations
- 89Accreditation of generating stations
- 90Preliminary accreditation and accreditation: common provisions
- 91Registration of offshore wind turbines
- 92Registration of additional capacity
- 93ROC Register
- Part 11: Modifications and transitional provisions
- 94Modification of this Order in relation to microgenerators in certain circumstances
- 95Revocation and savings
- 96Transitional provisions
- 97Consequential amendments to the Renewables Obligation Closure Order 2014
- Signature
- Schedule 1: GREENHOUSE GAS CRITERIA FOR BIOLIQUID
- 1Interpretation
- 2The greenhouse gas criteria
- 3Calculating the percentage difference
- 4Calculating the percentage difference
- 5Calculating the percentage difference
- 6Calculating the percentage difference
- Schedule 2: GREENHOUSE GAS CRITERIA FOR SOLID AND GASEOUS BIOMASS
- Part 1: Greenhouse gas criteria
- 1Interpretation
- 2The greenhouse gas criteria
- 3Calculating the greenhouse gas emissions
- 4Calculating the greenhouse gas emissions
- 5Calculating the greenhouse gas emissions
- Part 2: Actual value method
- 6Paragraph 6
- 7Paragraph 7
- Part 3: Default value method
- 8Paragraph 8
- 9Paragraph 9
- 4Default greenhouse gas emissions from the production of biomass
- Schedule 3: LAND CRITERIA
- 1Interpretation
- 2Land criteria: bioliquids
- 3Land criteria: woody biomass
- 4Land criteria: other fuels
- 5Protected sources
- 6Sustainable source
- 7Exempt purposes
- 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
- Schedule 5: ELECTRICITY TO BE STATED IN ROCs
- Part 1: INTERPRETATION
- 1Paragraph 1
- 2AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY
- 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
- 4AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED BY MICROGENERATORS TO WHICH ARTICLE 34 APPLIES
- 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
- 6AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 35(5) APPLIES
- 7AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 35(6) APPLIES
- Explanatory note