OpenLegislation

The Renewables Obligation (Scotland) Order 2009

S.S.I. 2009/140 · Made 31 March 2009

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2026.

ELECTRICITY

Made 31st March 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 1989 M1 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

Marginal citations

M1

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. 4AFossil derived bioliquid
  7. Part 2: The renewables obligation
  8. 5The renewables obligation
  9. 6Calculation A
  10. 7Part of calculation A referable to Great Britain
  11. 8Part of calculation A referable to Northern Ireland
  12. 9Calculation B
  13. 10Calculation C Repealed
  14. 11Determining the total number of renewables obligation certificates to be produced in an obligation period
  15. 12Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation
  16. 12ADetermining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation: obligation periods beginning on or after 1st April 2019
  17. 12BDetermining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation: special arrangements for obligation periods in respect of which article 12A does not apply
  18. 12CDetermining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation: revisions of the obligation level for the 2024/25 obligation period
  19. 13Further provision in relation to the production of renewables obligation certificates
  20. Part 3: Matters to be certified by and content of SROCs
  21. 14Matters to be certified by SROCs
  22. 15When electricity is to be regarded as supplied to customers in Great Britain or Northern Ireland
  23. 16When electricity is used in a permitted way for SROCs certifying matters within section 32B(7) or (8) of the Act
  24. Part 4: Cases and circumstances when a SROC must not be issued
  25. 17Excluded generating stations
  26. 17AGenerating stations accredited for longer than 20 years
  27. 17AAOffshore wind turbines registered for longer than 20 years
  28. 17ABGenerating stations using excluded capacity to generate electricity
  29. 17BMicrogenerators in respect of which feed-in tariffs may be available
  30. 17CGenerating stations (other than microgenerators) accredited before feed-in tariffs become available
  31. 17DGenerating stations (other than microgenerators) accredited after feed-in tariffs become available
  32. 17EArticles 17C and 17D: supplemental
  33. 18Generating stations first commissioned before 1st January 1990
  34. 19Generating stations generating under arrangements referred to in the Electricity (Northern Ireland) Order 1992
  35. 20Generating stations in respect of which a NFFO arrangement applied but was terminated
  36. 21Non-commissioned generating stations in respect of which a NFFO arrangement applies
  37. 21AElectricity in respect of which a CFD or investment contract applies
  38. 21BCombustion units in relation to which a CFD or investment contract has been entered into
  39. 22Circumstances in which no SROCs are to be issued in respect of electricity generated from renewable sources
  40. 22ZACircumstances in which no SROCs are to be issued in respect of electricity generated from solid or gaseous biomass
  41. 22ACircumstances in which no SROCs are to be issued in respect of electricity generated from bioliquid
  42. 22BCommon agricultural policy requirements
  43. 22CElectricity generated by certain types of biomass generating station
  44. 23Circumstances in which no SROCs are to be issued by virtue of section 32C(8)(a) of the Act
  45. Part 5: SROCs to be issued by Authority in respect of RO eligible renewable output
  46. 23ARO input electricity, RO output electricity and ineligible renewable sources
  47. 24SROCs to be issued by Authority in respect of a generating station's RO eligible renewable output
  48. 25Calculating a generating station’s RO eligible renewable output
  49. 26RO eligible renewable output of a qualifying combined heat and power generating station
  50. Part 6: Banding and grandfathering
  51. 27The amount of electricity to be stated in each SROC
  52. 28Electricity generated by qualifying combined heat and power generating stations
  53. 28AHigh-range co-firing in the 2013/14 obligation period
  54. 28BCo-firing of regular bioliquid in the 2013/14 and 2014/15 obligation periods
  55. 28CLow-range co-firing in the 2013/14 and 2014/15 obligation periods
  56. 28DLow-range co-firing of relevant energy crops
  57. 28ELow-range co-firing of relevant energy crops with CHP
  58. 29Microgenerators
  59. 30Generating stations which were accredited as at 11th July 2006
  60. 30AOffshore wind generating stations using 2006/10 wind turbines
  61. 30BWave and tidal stream generating stations
  62. 30COffshore wind generating stations using test and demonstration wind turbines
  63. 30DOffshore wind generating stations using floating wind turbines
  64. 31Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009
  65. 32Generating stations in respect of which a statutory grant has been awarded
  66. 33Review of banding provisions
  67. Part 7: Issue and revocation of SROCs
  68. 34Issue of SROCs to generators and suppliers
  69. 35Issue of SROCs to agents
  70. 36General criteria for the issue of SROCs
  71. 37Criteria applicable to SROCs where article 36(1)(a) or (b) cannot be complied with
  72. 38Further criterion applicable to SROCs certifying matters within section 32B(3) and (5) of the Act where electricity generated otherwise than on land
  73. 39Further criteria applicable to SROCs certifying matters within section 32B(3) to (6) of the Act
  74. 40Further criteria applicable to SROCs certifying matters within section 32B(5), (6) and (8) of the Act
  75. 41Refusing to issue and revoking SROCs
  76. 41AWhere SROCs cannot be revoked
  77. Part 8: Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds, and mutualisation
  78. 42Interpretation
  79. 43Payments to discharge the renewables obligation
  80. 44Late payments to discharge the renewables obligation
  81. 45Dealing with the buy-out fund: payments into the Consolidated Fund and to the Northern Ireland authority
  82. 46Dealing with the late payment fund: payments into the Consolidated Fund and to the Northern Ireland authority
  83. 47Dealing with the buy-out and late payment funds: payments to United Kingdom suppliers
  84. 48Shortfall in the buy-out and late payment funds: the total mutualisation sum
  85. 49Payments to be made by suppliers towards the total mutualisation sum
  86. 50Circumstances in which payments towards the total mutualisation sum are to be re calculated
  87. 51Re-calculated payments to be made by suppliers towards the total mutualisation sum and repayments by the Authority
  88. 52Payments to be made to suppliers out of the mutualisation fund
  89. Part 9: Provision of information, functions of the Authority and modification of this Order in relation to microgenerators in certain circumstances
  90. 53Provision of information to the Authority
  91. 54Information to be provided to the Authority where electricity is generated from biomass ...
  92. 54ABioliquid sustainability audit report
  93. 54BSolid and gaseous biomass sustainability audit report
  94. 55Provision of information to the Secretary of State
  95. 56Exchange of information with the Northern Ireland authority
  96. 57Functions of the Authority
  97. 58Preliminary accreditation of generating stations
  98. 58ZZAAccreditation of generating stations
  99. 58ZZBPreliminary accreditation and accreditation: common provisions
  100. 58ZARegistration as a grace period generating station
  101. 58ARegistration of offshore wind turbines
  102. 58BRegistration of additional capacity
  103. 59SROC Register
  104. 60Modification of this Order in relation to microgenerators in certain circumstances
  105. 61Revocation, transitional and savings
  106. Signature
  107. Schedule A1: GREENHOUSE GAS EMISSION CRITERIA FOR BIOLIQUID
  108. 1Interpretation
  109. 2The greenhouse gas emission criteria
  110. 3Calculating the percentage difference
  111. 4Calculating the percentage difference
  112. 5Calculating the percentage difference Repealed
  113. 6Calculating the percentage difference
  114. Schedule A1A: GREENHOUSE GAS EMISSION CRITERIA FOR SOLID AND GASEOUS BIOMASS
  115. Part 1: Greenhouse gas emission criteria
  116. 1Interpretation
  117. 2The greenhouse gas emission criteria
  118. 3Calculating the greenhouse gas emissions
  119. 4Paragraph 4
  120. 5Paragraph 5
  121. Part 2: Actual value method
  122. 6Paragraph 6
  123. 7Paragraph 7
  124. Part 3: Default value method
  125. 8Paragraph 8
  126. 9Paragraph 9
  127. 4Default greenhouse gas emissions from the production of biomass
  128. Schedule A2: Land criteria
  129. 1Interpretation
  130. 2Land criteria: bioliquids
  131. 3Land criteria: woody biomass
  132. 4Land criteria: other fuels
  133. 5Protected sources
  134. 6Sustainable source
  135. 7Exempt purposes
  136. Schedule 1CALCULATION OF THE SROC OBLIGATION
  137. Schedule 2: ELECTRICITY TO BE STATED IN SROCs
  138. Part 1: INTERPRETATION
  139. 1Paragraph 1
  140. 2AMOUNT OF ELECTRICITY TO BE STATED IN SROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY
  141. 2AAMOUNT OF ELECTRICITY TO BE STATED IN SROCs ISSUED FOR ELECTRICITY GENERATED USING 2013/14 CAPACITY, 2014/15 CAPACITY, 2015/16 CAPACITY OR POST-2016 CAPACITY
  142. 2BAMOUNT OF ELECTRICITY TO BE STATED IN SROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY OR 2013/15 CAPACITY WHERE ARTICLE 28(3) OR (4) APPLIES
  143. 2CAMOUNT OF ELECTRICITY TO BE STATED IN SROCS ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 28(5) APPLIES
  144. 2DAMOUNT OF ELECTRICITY TO BE STATED IN SROCS ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 28(6) APPLIES
  145. 3AMOUNT OF ELECTRICITY TO BE STATED IN RENEWABLES OBLIGATION CERTIFICATES WHERE ARTICLE 30(3) APPLIES
  146. 4AMOUNT OF ELECTRICITY TO BE STATED IN RENEWABLES OBLIGATION CERTIFICATES WHERE ARTICLE 30(5) OR ARTICLE 31(4) APPLIES
  147. Schedule 3AMOUNT OF RELEVANT SHORTFALL FOR THE RELEVANT OBLIGATION PERIOD Repealed
  148. Schedule 3A: ACTUAL VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS Repealed
  149. 1Paragraph 1 Repealed
  150. 2Paragraph 2 Repealed
  151. Schedule 3B: DEFAULT VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS Repealed
  152. Part 1: METHOD FOR CALCULATING EMISSIONS Repealed
  153. 1Paragraph 1 Repealed
  154. 2Paragraph 2 Repealed
  155. 2DEFAULT GREENHOUSE GAS EMISSIONS FROM THE PRODUCTION OF BIOMASS Repealed
  156. Schedule 4: THE REGISTER
  157. 1Paragraph 1
  158. 2Paragraph 2
  159. 3Paragraph 3
  160. 4Paragraph 4
  161. 5Paragraph 5
  162. 6Paragraph 6
  163. 7Paragraph 7
  164. 8Paragraph 8
  165. 9Paragraph 9
  166. 10Paragraph 10
  167. 11Paragraph 11
  168. 12Paragraph 12
  169. 13Paragraph 13
  170. 14Paragraph 14
  171. 15Paragraph 15
  172. Explanatory note