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The Renewables Obligation (Scotland) Order 2007

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

Draft 2007, ISBN 9780110717036

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 the Scottish Parliament under section 32(9) of the Electricity Act 1989, for approval by resolution of the Scottish Parliament.

ELECTRICITY

Made

Coming into force 1st April 2007

The Scottish Ministers in exercise of the powers conferred by sections 32 to 32C of the Electricity Act 1989f1, and of all other powers enabling them in that behalf and having, in accordance with section 32(7) of that Act, 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 they consider appropriate, hereby make the following Order, a draft of which has, in accordance with section 32(9) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Annotations to the whole text

Footnotes

f1

1989 c. 29. Section 62 of the Utilities Act 2000 (c. 27) substituted a new section 32 of the Electricity Act 1989 for the section 32 which was originally enacted. The new section 32 of the Electricity Act 1989 has subsequently been amended by sections 115 and 119 of the Energy Act 2004 (c. 20) and section 24 of the Climate Change and Sustainable Energy Act 2006 (c. 19) (“the 2006 Act”). Sections 63 to 65 of the Utilities Act 2000 inserted new sections 32A to 32C of the Electricity Act 1989, which have been amended by sections 115, 116, 118 and 119 of the Energy Act 2004 and sections 23 and 24 of the 2006 Act. Section 32BA of the Electricity Act 1989 was inserted by section 117 of the Energy Act 2004. The functions of the Secretary of State, in respect of sections 32 to 32B (as most recently amended by the 2006 Act) were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 3) Order 2006 (S.I. 2006/3258), article 2. The functions of the Secretary of State in respect of section 32C of the Electricity Act 1989 and section 67 of the Utilities Act 2000 were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2001 (S.I. 2001/3504), article 2. The functions of the Secretary of State in respect of section 32BA of the Electricity Act 1989 were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), article 2.

Contents

  1. Part 1: Introductory Provisions
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part 2: The Renewables Obligation
  5. 3The renewables obligation
  6. 4The amount of the renewables obligation
  7. 5Minimum amount from specified descriptions of renewable source and generating station
  8. Part 3: Electricity from Renewable Energy Sources
  9. 6Eligible renewable sources: general
  10. 7Eligible renewable sources: qualifying arrangement
  11. 8Eligible renewable sources: other fuels
  12. 9Eligible renewable sources: supplemental
  13. 10Calculation of amount of electricity generated from eligible renewable sources
  14. Part 4: Alternative Ways of Discharging Renewables Obligation
  15. 11Alternative way of discharging renewables obligation: payments
  16. 12Alternative way of discharging renewables obligation: NIROCs
  17. 13Alternative way of discharging renewables obligation: certificates certifying the matters in section 32B(2A) or (2AA) of the Act
  18. 14Alternative way of discharging renewables obligation: certificates certifying the matters in section 32B(2AB) or (2AC) of the Act
  19. 15Further provision in relation to production of certificates and NIROCs
  20. Part 5: SROCs: Issue and Revocation
  21. 16Obligation to issue SROCs
  22. 17Issue of SROCs to agents
  23. 18Criteria for issue of SROCs
  24. 19Criteria for issue of SROCs: supplemental
  25. 20Criteria for issue of SROCs to agents: supplemental
  26. 21Issuing SROCs certifying the matters in section 32B(2ZA), (2AA) or (2AC) of the Act: supplemental
  27. 22Procedure and calculations for issue of SROCs
  28. 23SROC Register
  29. 24Revocation of SROCs
  30. 25Small generators
  31. Part 6: Payments out of the Buy-Out Funds
  32. 26Administrative division of payments made under article 11
  33. 27Allocation of the buy-out fund
  34. 28Allocation of the wave buy-out fund
  35. 29Allocation of the tidal buy-out fund
  36. Part 7: Additional Payments
  37. 30Late payments
  38. 31Mutualisation: payments in
  39. 32Mutualisation: payments out
  40. 33Mutualisation: recalculations
  41. 34Mutualisation: definitions and interpretation
  42. Part 8: Provision of Information and Functions of the Authority
  43. 35Provision of information to the Authority
  44. 36Exchange of information with the Northern Ireland Authority
  45. 37Functions of the Authority
  46. 38Preliminary accreditation and accreditation of generating stations
  47. Part 9: Revocation, Transitional and Savings
  48. 39Revocation, transitional and savings
  49. Signature
  50. Schedule 1AMOUNT OF THE RENEWABLES OBLIGATION
  51. Schedule 2: THE REGISTER
  52. 1Paragraph 1
  53. 2Paragraph 2
  54. 3Paragraph 3
  55. 4Paragraph 4
  56. 5Paragraph 5
  57. 6Paragraph 6
  58. 7Paragraph 7
  59. 8Paragraph 8
  60. 9Paragraph 9
  61. 10Paragraph 10
  62. 11Paragraph 11
  63. 12Paragraph 12
  64. 13Paragraph 13
  65. Schedule 3: CONDITIONS OF ELIGIBILITY FOR NIROCs
  66. 1Paragraph 1
  67. 2Paragraph 2
  68. 3Paragraph 3
  69. 4Paragraph 4
  70. 5Paragraph 5
  71. 6Paragraph 6
  72. 7Paragraph 7
  73. 8Paragraph 8
  74. 9Paragraph 9
  75. 10Paragraph 10
  76. 11Paragraph 11
  77. 12Paragraph 12
  78. 13Paragraph 13
  79. 14Paragraph 14
  80. 15Paragraph 15
  81. 16Paragraph 16
  82. 17Paragraph 17
  83. 18Paragraph 18
  84. 19Paragraph 19
  85. 20Paragraph 20
  86. 21Paragraph 21
  87. 22Paragraph 22
  88. 23Paragraph 23
  89. 24Paragraph 24
  90. Schedule 4AMOUNT OF RELEVANT SHORTFALL FOR EACH OBLIGATION PERIOD
  91. Explanatory note