The Renewables Obligation (Scotland) Order 2007

Article 23(2)

SCHEDULE 2 THE REGISTER

1.  The Authority shall maintain the Register (which may be in electronic form) at any of its premises.

2.  Particulars of a SROC comprise–

(a) the name of the person to whom the Authority issues the SROC or, where the Authority has amended the Register in dealing with a request for substitution in accordance with paragraph 6, the name of the substitute (“the registered holder”); and

(b) an identifier unique to the SROC (“the SROC identifier”) determined by the Authority and containing the following information (or reference to that information in coded format)–

(i) the month and year during which the electricity was generated;

(ii) the location of the generating station or, where the SROC certifies the matters within section 32B(2ZA), (2AA) or (2AC) of the Act, the location of the agent to whom, by virtue of article 17, the SROC was issued;

(iii) a description of that generating station or, where the SROC certifies the matters within section 32B(2ZA), (2AA) or (2AC) of the Act, the generating stations to which the SROC relates, including reference to the eligible renewable source or sources used by it or them to generate electricity;

(iv) the date of issue of the SROC; and

(v) the SROC sequence number determined by the Authority in accordance with article 22(1)(a) or 24(6).

3.  A person may only be the registered holder of a SROC or have an entry made and maintained in respect of them under article 23(4)(b) if they provide to the Authority in writing–

(a) evidence of their identity; and

(b) where persons are authorised to act on their behalf in respect of the production of SROCs as the evidence or part of the evidence required under article 3(1) and in respect of requests for amendments to be made to the Register as provided for in this Schedule, details of those persons.

4.  The Authority may from time to time draw up procedural guidelines for itself and others to assist it in maintaining the Register and carrying out its functions in respect thereof.

5.  The Authority shall delete from the Register any SROC which–

(a) has been revoked in accordance with article 24;

(b) has in accordance with article 3(3), 13 or 14 been produced as evidence or as part of the evidence required under article 3(1);

(c) is no longer eligible to be produced as evidence or as part of the evidence required under article 3(1);

(d) the registered holder requests should be deleted; or

(e) the Northern Ireland Authority has notified the Authority has been produced to the Northern Ireland Authority by a Northern Ireland supplier under a NIRO Order;

and where it is so deleted, the SROC cannot thereafter be produced as the evidence or part of the evidence required under article 3(1).

6.  Where the registered holder of a SROC and a person whom the registered holder wishes to be the substitute (as defined in this paragraph) require in respect of a particular SROC that the Register be amended, by substituting for the name of the registered holder the name of a second person (“the substitute”), (who shall be a person whose name is included on the list maintained pursuant to article 23(4)(b))–

(a) the registered holder and the person whom the registered holder wishes to be the substitute shall each submit to the Authority in writing requests which are identical in all material respects and which include the SROC identifier of the SROC to which the request relates; and

(b) the Authority shall–

(i) in any August, within 10 banking days; and

(ii) in all other instances, within 5 banking days,

after the banking day on which it is first in receipt at the commencement of its working hours of requests which comply with sub paragraph (a), amend the particulars of the SROC recorded in the Register to show the substitute as the registered holder.

7.  Where the Authority receives in writing a request for substitution it shall inform both the registered holder of the SROC and the substitute named therein that the request has been received and, in the event that the requests from the registered holder of the SROC and the person whom the registered holder wishes to be the substitute are not identical in all material respects or do not include the SROC identifier of the SROC, shall draw this to their attention.

8.  Where a SROC is issued in accordance with article 16 (and, where it applies, article 17) or a replacement SROC is issued in accordance with article 24 or a substitute is recorded as the registered holder pursuant to paragraph 6, the Authority shall notify the registered holder (in the case of a SROC or a replacement SROC being issued) and the former and new registered holder (in the case of a substitution) in writing within 5 banking days of the issue or substitution having taken place.

9.  The substitute shall not be the registered holder of the SROC until such time as the particulars of the SROC recorded in the Register identify the substitute as such.

10.  The Register may be amended by a decision of the Authority–

(a) where the Authority is satisfied that an entry in the Register has been obtained by fraud;

(b) where a decision of a Court of competent jurisdiction or the operation of law requires the amendment of the Register;

(c) in any other case where by reason of any error or omission on the part of the Authority it is necessary to amend the Register.

11.  The contents of the Register (including the entries referred to in article 23(4)(b)) shall be available for inspection by the public on request at reasonable notice during the Authority’s working hours and at the request of any person the Authority shall provide a written statement of any entry on the Register including any entry referred to in article 23(4)(b).

12.  Where any person considers that an entry maintained in respect of that person under article 23(4)(b) should be amended or deleted, that person may apply to the Authority in writing requesting that the entry be amended or deleted.

13.  The Authority shall in any procedural guidelines which it produces provide details of its usual working hours.