The Renewables Obligation (Scotland) Order 2009 No. 140

PART 6 Banding and grandfathering

[F1 Wave and tidal stream generating stations

30B.— (1) This article applies to electricity which is generated—

(a) using 2012/17 marine capacity; and

(b) by a generating station to which article 29 does not apply.

(2) Where the total installed capacity of the 2012/17 marine capacity of the station does not exceed 30 megawatts as at the date of the generation of the electricity, the amount of electricity to be stated in each SROC issued in respect of electricity to which this article applies is of a megawatt hour.

(3) Where the total installed capacity of the 2012/17 marine capacity of the station exceeds 30 megawatts as at the date of the generation of the electricity, the amount of electricity to be stated in each SROC—

(a) issued in respect of the relevant proportion of the electricity to which this article applies, is of a megawatt hour;

(b) issued in respect of the remainder of the electricity to which this article applies, is to be determined in accordance with article 27(4) to (8).

(4) In any month where 2012/17 marine capacity forms part, but not the whole, of the total installed capacity of a generating station, the proportion of the station’s [F2 RO eligible] renewable output which, for the purposes of paragraphs (2) and (3), is generated using 2012/17 marine capacity is .

(5) In paragraph (4)—

(a) A is the total installed capacity of the 2012/17 marine capacity in the month in question; and

(b) B is the total installed capacity of the generating station in the month in question.

(6) In this article—

“2012/17 marine capacity”, in relation to a generating station, means any capacity which—

(a)

generates electricity from the capture of the energy created from—

(i)

the motion of naturally occurring tidal currents in water; or

(ii)

the motion of naturally occurring waves on water;

(b)

in the Authority’s view, forms part of the station from a date no earlier than 1st April 2012 and no later than 31st March 2017;

(c)

has, on or before 31st March 2017, generated electricity in respect of which SROCs may be issued; and

(d)

in the case of a generating station accredited on or before 31st March 2012, does not form part of the capacity of the station as accredited;

“the relevant proportion”, in relation to electricity generated using the 2012/17 marine capacity of a generating station, is the proportion which 30 megawatts bears to the total installed capacity of the 2012/17 marine capacity as at the date of generation of the electricity;

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) This article is subject to article 32.]

Textual Amendments

F1 Art. 30B inserted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 17 (with art. 29)

F2 Words in art. 30B(4) inserted (1.4.2014) by The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 12(2) (with art. 27)

F3 Words in art. 30B(6) omitted (1.4.2014) by virtue of The Renewables Obligation (Scotland) Amendment Order 2014 (S.S.I. 2014/94), arts. 1(1), 12(3) (with art. 27)