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The Renewables Obligation (Scotland) Order 2009

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

Draft 2009, ISBN 9780111003268

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 32L(3) of the Electricity Act 1989, for approval by resolution of the Scottish Parliament.

ELECTRICITY

Made 2009

Coming into force in accordance with Article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 32 to 32M of the Electricity Act 1989f1 and all other powers enabling them to do so.

In accordance with section 32L(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

In accordance with section 32D(4) of that Act the Scottish Ministers have had regard to the matters referred to in that section.

In accordance with section 32L(1) of that Act they have 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 considered appropriate.

Annotations to the whole text

Footnotes

f1

1989 c. 29, as substituted by section 37 of the Energy Act 2008 (c. 32).

Contents

  1. Part 1: Introductory provisions
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Waste as a renewable source
  5. 4Biomass and fuels which are to be treated as biomass
  6. Part 2: The renewables obligation
  7. 5The renewables obligation
  8. 6Calculation A
  9. 7Part of calculation A referable to Great Britain
  10. 8Part of calculation A referable to Northern Ireland
  11. 9Calculation B
  12. 10Calculation C
  13. 11Determining the total number of renewables obligation certificates to be produced in an obligation period
  14. 12Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation
  15. 13Further provision in relation to the production of renewables obligation certificates
  16. Part 3: Matters to be certified by and content of SROCs
  17. 14Matters to be certified by SROCs
  18. 15When electricity is to be regarded as supplied to customers in Great Britain or Northern Ireland
  19. 16When electricity is used in a permitted way for SROCs certifying matters within section 32B(7) or (8) of the Act
  20. Part 4: Cases and circumstances when a SROC must not be issued
  21. 17Excluded generating stations
  22. 18Generating stations first commissioned before 1st January 1990
  23. 19Generating stations generating under arrangements referred to in the Electricity (Northern Ireland) Order 1992
  24. 20Generating stations in respect of which a NFFO arrangement applied but was terminated
  25. 21Non-commissioned generating stations in respect of which a NFFO arrangement applies
  26. 22Circumstances in which no SROCs are to be issued in respect of electricity generated from renewable sources
  27. 23Circumstances in which no SROCs are to be issued by virtue of section 32C(8)(a) of the Act
  28. Part 5: SROCs to be issued by Authority in respect of renewable output
  29. 24SROCs to be issued by Authority in respect of a generating station’s renewable output
  30. 25Calculating a generating station’s renewable output
  31. 26Renewable output of a qualifying combined heat and power generating station
  32. Part 6: Banding and grandfathering
  33. 27The amount of electricity to be stated in each SROC
  34. 28Qualifying combined heat and power generating stations
  35. 29Microgenerators
  36. 30Generating stations which were accredited as at 11th July 2006
  37. 31Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009
  38. 32Generating stations in respect of which a statutory grant has been awarded
  39. 33Review of banding provisions
  40. Part 7: Issue and revocation of SROCs
  41. 34Issue of SROCs to generators and suppliers
  42. 35Issue of SROCs to agents
  43. 36General criteria for the issue of SROCs
  44. 37Criteria applicable to SROCs where article 36(1)(a) or (b) cannot be complied with
  45. 38Further criterion applicable to SROCs certifying matters within section 32B(3) and (5) of the Act where electricity generated otherwise than on land
  46. 39Further criteria applicable to SROCs certifying matters within section 32B(3) to (6) of the Act
  47. 40Further criteria applicable to SROCs certifying matters within section 32B(5), (6) and (8) of the Act
  48. 41Refusing to issue and revoking SROCs
  49. Part 8: Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds, and mutualisation
  50. 42Interpretation
  51. 43Payments to discharge the renewables obligation
  52. 44Late payments to discharge the renewables obligation
  53. 45Dealing with the buy-out fund: payments into the Consolidated Fund and to the Northern Ireland authority
  54. 46Dealing with the late payment fund: payments into the Consolidated Fund and to the Northern Ireland authority
  55. 47Dealing with the buy-out and late payment funds: payments to United Kingdom suppliers
  56. 48Shortfall in the buy-out and late payment funds: the total mutualisation sum
  57. 49Payments to be made by suppliers towards the total mutualisation sum
  58. 50Circumstances in which payments towards the total mutualisation sum are to be re calculated
  59. 51Re-calculated payments to be made by suppliers towards the total mutualisation sum and repayments by the Authority
  60. 52Payments to be made to suppliers out of the mutualisation fund
  61. Part 9: Provision of information, functions of the Authority and modification of this Order in relation to microgenerators in certain circumstances
  62. 53Provision of information to the Authority
  63. 54Information to be provided to the Authority where electricity is generated from biomass
  64. 55Provision of information to the Secretary of State
  65. 56Exchange of information with the Northern Ireland authority
  66. 57Functions of the Authority
  67. 58Preliminary accreditation and accreditation of generating stations
  68. 59SROC Register
  69. 60Modification of this Order in relation to microgenerators in certain circumstances
  70. 61Revocation, transitional and savings
  71. Signature
  72. Schedule 1CALCULATION OF THE SROC OBLIGATION
  73. Schedule 2: ELECTRICITY TO BE STATED IN SROCs
  74. Part 1: INTERPRETATION
  75. 1Paragraph 1
  76. 2AMOUNT OF ELECTRICITY TO BE STATED IN SROCs GENERALLY
  77. 3AMOUNT OF ELECTRICITY TO BE STATED IN RENEWABLES OBLIGATION CERTIFICATES WHERE ARTICLE 30(3) APPLIES
  78. 4AMOUNT OF ELECTRICITY TO BE STATED IN RENEWABLES OBLIGATION CERTIFICATES WHERE ARTICLE 30(5) OR ARTICLE 31(4) APPLIES
  79. Schedule 3AMOUNT OF RELEVANT SHORTFALL FOR THE RELEVANT OBLIGATION PERIOD
  80. Schedule 4: THE REGISTER
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. 3Paragraph 3
  84. 4Paragraph 4
  85. 5Paragraph 5
  86. 6Paragraph 6
  87. 7Paragraph 7
  88. 8Paragraph 8
  89. 9Paragraph 9
  90. 10Paragraph 10
  91. 11Paragraph 11
  92. 12Paragraph 12
  93. 13Paragraph 13
  94. 14Paragraph 14
  95. 15Paragraph 15
  96. Explanatory note