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The Renewables Obligation Order 2015 in Scotland

S.I. 2015/1947 · Made 26 November 2015 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 27 March 2026.

Electricity, England And Wales

Made 26th November 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 1989 M1 (“the 1989 Act”) and section 2(2) of the European Communities Act 1972 M2 (“the 1972 Act”) (as read with paragraph 1A of Schedule 2 to the 1972 Act) M3.

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 sources M4.

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 sources M5 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 Bureaux M6, 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

Marginal citations

M1

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.

M2

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).

M3

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.

M4

Article 6 of S.I. 2010/761.

M5

OJ No L 140, 5.6.2009, p16.

M6

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. 1Citation, commencement and extent
  2. 3Biomass and fuels which are to be treated as biomass
  3. 4Fossil derived bioliquid
  4. 5Waste as a renewable source
  5. 6Grace period generating stations
  6. 8Part of calculation A referable to Great Britain
  7. 9Part of calculation A referable to Northern Ireland
  8. 13ADetermining the number of UK ROCs to be produced by a designated electricity supplier in order to discharge its renewables obligation: obligation periods beginning on or after 1st April 2019
  9. 13BRevising the number of UK ROCs to be produced by a designated electricity supplier for the 2017/18 and 2018/19 obligation periods
  10. 13CRevision of the obligation level published on 27th September 2023 in respect of the 2024/25 obligation period
  11. 14Further provision in relation to the production of UK ROCs
  12. 15Matters to be certified by ROCs
  13. 16When electricity is to be regarded as supplied to customers in Great Britain or Northern Ireland
  14. 17When electricity is used in a permitted way for ROCs certifying matters within section 32B(7) or (8) of the Act
  15. 18Issue of ROCs to generators and suppliers
  16. 19Issue of ROCs to agents
  17. 20Confirmations required from the person being issued with a ROC
  18. 21Further confirmations required for ROCs certifying matters within section 32B(3) and (5) of the Act where electricity generated otherwise than on land
  19. 22Further confirmations required for ROCs certifying matters within section 32B(3) to (6) of the Act
  20. 23Further confirmations required for ROCs certifying matters within section 32B(5), (6) and (8) of the Act
  21. 24Refusing to issue and revoking ROCs
  22. 25Where ROCs cannot be revoked
  23. 26Meaning of RO input electricity
  24. 27Meaning of RO output electricity
  25. 29Calculating a generating station's RO eligible renewable output
  26. 30Calculating the RO eligible renewable output of a qualifying CHP station
  27. 31Calculating the amount of electricity generated by a particular category of generating capacity
  28. 32Calculating the amount of electricity generated in a particular way
  29. 33The amount of electricity to be stated in each ROC
  30. 34Microgenerators
  31. 36Low-range co-firing of relevant energy crops
  32. 37Generating stations which were accredited as at 11th July 2006
  33. 38Landfill gas and sewage gas generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009
  34. 39Offshore wind turbines installed between 2006 and 2010
  35. 40Wave and tidal stream generating stations
  36. 41Generating stations in respect of which a statutory grant has been awarded
  37. 42Review of banding provisions
  38. 43Generating stations not compliant with accreditation or metering requirements
  39. 44Maximum period of eligibility for ROCs
  40. 45Generating stations using excluded capacity to generate electricity
  41. 46Generating stations located outside England and Wales
  42. 47Electricity supplied to customers in Northern Ireland
  43. 48Combustion units in relation to which a capacity agreement has been issued
  44. 49Electricity in respect of which a CFD or investment contract applies
  45. 50Combustion units in relation to which a CFD or investment contract has been entered into
  46. 51Generating stations supported or potentially eligible for support under a feed-in tariff scheme
  47. 52Generating stations in respect of which a NFFO arrangement applied but was terminated
  48. 53Non-commissioned generating stations in respect of which a NFFO arrangement applies
  49. 54Large hydro generating stations first commissioned on or before 1st April 2002
  50. 55Generating stations first commissioned before 1st January 1990
  51. 56Generating stations using peat
  52. 57Generating stations using landfill gas
  53. 58Generating stations using gaseous fuel produced by means of gasification or pyrolysis
  54. 59Generating stations using Solid Recovered Fuel
  55. 60Generating stations using waste or fossil fuel
  56. 61Circumstances in which ROCs must not be issued in respect of electricity generated from bioliquid
  57. 62Common agricultural policy requirements in the case of bioliquids
  58. 63Circumstances in which ROCs must not be issued in respect of electricity generated from solid or gaseous biomass
  59. 64Cases where a renewables obligation certificate has already been issued
  60. 65Cases and circumstances when a ROC must not be issued: general provisions
  61. 66Interpretation
  62. 67Payments to discharge the renewables obligation
  63. 68Late payments to discharge the renewables obligation
  64. 69Dealing with the buy-out fund: payments into the Consolidated Fund and to the Northern Ireland authority
  65. 70Dealing with the late payment fund: payments into the Consolidated Fund and to the Northern Ireland authority
  66. 71Dealing with the buy-out and late payment funds: payments to UK suppliers
  67. 72Determining whether a relevant shortfall has occurred
  68. 73Calculating the total mutualisation sum in the case of a relevant shortfall
  69. 74Payments to be made by suppliers towards the total mutualisation sum
  70. 75Circumstances in which payments towards the total mutualisation sum are to be re-calculated
  71. 76Re-calculated payments to be made by suppliers towards the total mutualisation sum and repayments by the Authority
  72. 77Payments to be made to suppliers out of the mutualisation fund
  73. 78Provision of information required by the Authority to carry out its functions
  74. 80Provision of information to determine whether a ROC is to be, or should have been, issued
  75. 81Notification by the operator of a low-range co-firing combustion unit
  76. 83Bioliquid sustainability audit report
  77. 84Solid and gaseous biomass sustainability audit report
  78. 85Determination of matters by the Authority
  79. 86Functions of the Authority
  80. 87Exchange of information with the Northern Ireland Authority
  81. 88Preliminary accreditation of generating stations
  82. 89Accreditation of generating stations
  83. 90Preliminary accreditation and accreditation: common provisions
  84. 92Registration of additional capacity
  85. 93ROC Register
  86. Part 11: Modifications and transitional provisions
  87. 97Consequential amendments to the Renewables Obligation Closure Order 2014
  88. Signature
  89. Schedule 1: GREENHOUSE GAS CRITERIA FOR BIOLIQUID
  90. 2The greenhouse gas criteria
  91. 3Calculating the percentage difference
  92. 4Paragraph 4
  93. Schedule 2: GREENHOUSE GAS CRITERIA FOR SOLID AND GASEOUS BIOMASS
  94. Part 1: Greenhouse gas criteria
  95. 2The greenhouse gas criteria
  96. 3Calculating the greenhouse gas emissions
  97. 4Paragraph 4
  98. 5Paragraph 5
  99. Part 2: Actual value method
  100. 6Paragraph 6
  101. 7Paragraph 7
  102. Part 3: Default value method
  103. 8Paragraph 8
  104. 9Paragraph 9
  105. 4Default greenhouse gas emissions from the production of biomass
  106. Schedule 3: LAND CRITERIA
  107. 2Land criteria: bioliquids
  108. 3Land criteria: woody biomass
  109. 4Land criteria: other fuels
  110. 5Protected sources
  111. 6Sustainable source
  112. 7Exempt purposes
  113. Schedule 4: THE ROC REGISTER
  114. 1Paragraph 1
  115. 2Paragraph 2
  116. 3Paragraph 3
  117. 4Paragraph 4
  118. 5Paragraph 5
  119. 6Paragraph 6
  120. 7Paragraph 7
  121. 8Paragraph 8
  122. 9Paragraph 9
  123. 10Paragraph 10
  124. 11Paragraph 11
  125. 12Paragraph 12
  126. 13Paragraph 13
  127. 14Paragraph 14
  128. 15Paragraph 15
  129. Schedule 5: ELECTRICITY TO BE STATED IN ROCs
  130. Part 1: INTERPRETATION
  131. 1Paragraph 1
  132. 2AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY
  133. 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
  134. 4AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED BY MICROGENERATORS TO WHICH ARTICLE 34 APPLIES
  135. 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
  136. 6AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 35(5) APPLIES
  137. 7AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 35(6) APPLIES
  138. Schedule 6: Annual ROC cap applicable to electricity generated by certain fuelled generating capacity
  139. 1Interpretation
  140. 2Meaning of “exempt combustion unit”
  141. 3Capped generating stations in the 2018/19 obligation period
  142. 4Capped generating stations in the 2019/20 obligation period and subsequent obligation periods
  143. 5Mixed generating stations in the 2018/19 obligation period
  144. 6Mixed generating stations in the 2019/20 obligation period and subsequent obligation periods
  145. 7Order applies with modifications to determine whether ROCs are to be issued to mixed generating stations
  146. 8Article 2 modified (interpretation)
  147. 9New article 26A inserted
  148. 10Article 27 modified (meaning of RO output electricity)
  149. 11Article 28 modified (ROCs to be issued by the Authority in respect of a generating station’s RO eligible renewable output)
  150. 12Article 29 modified (calculating a generating station’s RO eligible renewable output)
  151. 13Article 30 modified (calculating the RO eligible renewable output of a qualifying CHP station)
  152. 14Article 31 modified (calculating the amount of electricity generated by a particular category of generating capacity)
  153. 15Article 32 modified (calculating the amount of electricity generated in a particular way)
  154. 16Article 43 modified (generating stations not compliant with accreditation or metering requirements)
  155. 17Article 80 modified (provision of information to determine whether a ROC is to be, or should have been, issued)
  156. 18Schedule 5 modified (electricity to be stated in ROCs)
  157. Explanatory note