The Renewables Obligation (Scotland) Order 2009

  1. Introductory Text

  2. PART 1 Introductory provisions

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Waste as a renewable source

    4. 4.Biomass and fuels which are to be treated as biomass

    5. 4A.Fossil derived bioliquid

  3. PART 2 The renewables obligation

    1. 5.The renewables obligation

    2. 6.Calculation A

    3. 7.Part of calculation A referable to Great Britain

    4. 8.Part of calculation A referable to Northern Ireland

    5. 9.Calculation B

    6. 10.Calculation C

    7. 11.Determining the total number of renewables obligation certificates to be produced in an obligation period

    8. 12.Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation

    9. 12A.Determining 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

    10. 12B.Determining 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

    11. 12C.Determining 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

    12. 13.Further provision in relation to the production of renewables obligation certificates

  4. PART 3 Matters to be certified by and content of SROCs

    1. 14.Matters to be certified by SROCs

    2. 15.When electricity is to be regarded as supplied to customers in Great Britain or Northern Ireland

    3. 16.When electricity is used in a permitted way for SROCs certifying matters within section 32B(7) or (8) of the Act

  5. PART 4 Cases and circumstances when a SROC must not be issued

    1. 17.Excluded generating stations

    2. 17A.Generating stations accredited for longer than 20 years

    3. 17AA.Offshore wind turbines registered for longer than 20 years

    4. 17AB.Generating stations using excluded capacity to generate electricity

    5. 17B.Microgenerators in respect of which feed-in tariffs may be available

    6. 17C.Generating stations (other than microgenerators) accredited before feed-in tariffs become available

    7. 17D.Generating stations (other than microgenerators) accredited after feed-in tariffs become available

    8. 17E.Articles 17C and 17D: supplemental

    9. 18.Generating stations first commissioned before 1st January 1990

    10. 19.Generating stations generating under arrangements referred to in the Electricity (Northern Ireland) Order 1992

    11. 20.Generating stations in respect of which a NFFO arrangement applied but was terminated

    12. 21.Non-commissioned generating stations in respect of which a NFFO arrangement applies

    13. 21A.Electricity in respect of which a CFD or investment contract applies

    14. 21B.Combustion units in relation to which a CFD or investment contract has been entered into

    15. 22.Circumstances in which no SROCs are to be issued in respect of electricity generated from renewable sources

    16. 22ZA.Circumstances in which no SROCs are to be issued in respect of electricity generated from solid or gaseous biomass

    17. 22A.Circumstances in which no SROCs are to be issued in respect of electricity generated from bioliquid

    18. 22B.Common agricultural policy requirements

    19. 22C.Electricity generated by certain types of biomass generating station

    20. 23.Circumstances in which no SROCs are to be issued by virtue of section 32C(8)(a) of the Act

  6. PART 5 SROCs to be issued by Authority in respect of RO eligible renewable output

    1. 23A.RO input electricity, RO output electricity and ineligible renewable sources

    2. 24.SROCs to be issued by Authority in respect of a generating station's RO eligible renewable output

    3. 25.Calculating a generating station’s RO eligible renewable output

    4. 26. RO eligible renewable output of a qualifying combined heat and power generating station

  7. PART 6 Banding and grandfathering

    1. 27.The amount of electricity to be stated in each SROC

    2. 28.Electricity generated by qualifying combined heat and power generating stations

    3. 28A.High-range co-firing in the 2013/14 obligation period

    4. 28B.Co-firing of regular bioliquid in the 2013/14 and 2014/15 obligation periods

    5. 28C.Low-range co-firing in the 2013/14 and 2014/15 obligation periods

    6. 28D.Low-range co-firing of relevant energy crops

    7. 28E.Low-range co-firing of relevant energy crops with CHP

    8. 29.Microgenerators

    9. 30.Generating stations which were accredited as at 11th July 2006

    10. 30A.Offshore wind generating stations using 2006/10 wind turbines

    11. 30B.Wave and tidal stream generating stations

    12. 30C.Offshore wind generating stations using test and demonstration wind turbines

    13. 30D.Offshore wind generating stations using floating wind turbines

    14. 31.Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009

    15. 32.Generating stations in respect of which a statutory grant has been awarded

    16. 33.Review of banding provisions

  8. PART 7 Issue and revocation of SROCs

    1. 34.Issue of SROCs to generators and suppliers

    2. 35.Issue of SROCs to agents

    3. 36.General criteria for the issue of SROCs

    4. 37.Criteria applicable to SROCs where article 36(1)(a) or (b) cannot be complied with

    5. 38.Further criterion applicable to SROCs certifying matters within section 32B(3) and (5) of the Act where electricity generated otherwise than on land

    6. 39.Further criteria applicable to SROCs certifying matters within section 32B(3) to (6) of the Act

    7. 40.Further criteria applicable to SROCs certifying matters within section 32B(5), (6) and (8) of the Act

    8. 41.Refusing to issue and revoking SROCs

    9. 41A.Where SROCs cannot be revoked

  9. PART 8 Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds, and mutualisation

    1. 42.Interpretation

    2. 43.Payments to discharge the renewables obligation

    3. 44.Late payments to discharge the renewables obligation

    4. 45.Dealing with the buy-out fund: payments into the Consolidated Fund and to the Northern Ireland authority

    5. 46.Dealing with the late payment fund: payments into the Consolidated Fund and to the Northern Ireland authority

    6. 47.Dealing with the buy-out and late payment funds: payments to United Kingdom suppliers

    7. 48.Shortfall in the buy-out and late payment funds: the total mutualisation sum

    8. 49.Payments to be made by suppliers towards the total mutualisation sum

    9. 50.Circumstances in which payments towards the total mutualisation sum are to be re calculated

    10. 51.Re-calculated payments to be made by suppliers towards the total mutualisation sum and repayments by the Authority

    11. 52.Payments to be made to suppliers out of the mutualisation fund

  10. PART 9 Provision of information, functions of the Authority and modification of this Order in relation to microgenerators in certain circumstances

    1. 53.Provision of information to the Authority

    2. 54.Information to be provided to the Authority where electricity is generated from biomass ...

    3. 54A.Bioliquid sustainability audit report

    4. 54B.Solid and gaseous biomass sustainability audit report

    5. 55.Provision of information to the Secretary of State

    6. 56.Exchange of information with the Northern Ireland authority

    7. 57.Functions of the Authority

    8. 58.Preliminary accreditation of generating stations

    9. 58ZZA.Accreditation of generating stations

    10. 58ZZB.Preliminary accreditation and accreditation: common provisions

    11. 58ZA.Registration as a grace period generating station

    12. 58A.Registration of offshore wind turbines

    13. 58B.Registration of additional capacity

    14. 59.SROC Register

    15. 60.Modification of this Order in relation to microgenerators in certain circumstances

    16. 61.Revocation, transitional and savings

  11. Signature

    1. SCHEDULE A1

      GREENHOUSE GAS EMISSION CRITERIA FOR BIOLIQUID

      1. 1.Interpretation

      2. 2.The greenhouse gas emission criteria

      3. 3.Calculating the percentage difference

      4. 4.The mixed value method must not be used for the...

      5. 5.. . . . . . . . . ....

      6. 6.The default percentage must not be used for the purposes...

    2. SCHEDULE A1A

      GREENHOUSE GAS EMISSION CRITERIA FOR SOLID AND GASEOUS BIOMASS

      1. PART 1 Greenhouse gas emission criteria

        1. 1.Interpretation

        2. 2.The greenhouse gas emission criteria

        3. 3.Calculating the greenhouse gas emissions

        4. 4.The default value method must not be used to calculate...

        5. 5.For the purposes of paragraph 4(c), paragraph 7 of Part...

      2. PART 2 Actual value method

        1. 6.Where the greenhouse gas emissions from the use of biomass...

        2. 7.In paragraph (6)— (a) η e l is equal to...

      3. PART 3 Default value method

        1. 8.The greenhouse gas emissions from the use of biomass are...

        2. 9.In paragraph (8)— (a) η e l , η h...

      4. PART 4 Default greenhouse gas emissions from the production of biomass

    3. SCHEDULE A2

      Land criteria

      1. 1.Interpretation

      2. 2.Land criteria: bioliquids

      3. 3.Land criteria: woody biomass

      4. 4.Land criteria: other fuels

      5. 5.Protected sources

      6. 6.Sustainable source

      7. 7.Exempt purposes

    4. SCHEDULE 1

      CALCULATION OF THE SROC OBLIGATION

    5. SCHEDULE 2

      ELECTRICITY TO BE STATED IN SROCs

      1. PART 1 INTERPRETATION

        1. 1.(1) In this Schedule– “2009/11 dedicated biomass generating station” means...

      2. PART 2 AMOUNT OF ELECTRICITY TO BE STATED IN SROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY

      3. PART 2A AMOUNT 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

      4. PART 2B AMOUNT 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

      5. PART 2C AMOUNT OF ELECTRICITY TO BE STATED IN SROCS ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 28(5) APPLIES

      6. PART 2D AMOUNT OF ELECTRICITY TO BE STATED IN SROCS ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 28(6) APPLIES

      7. PART 3 AMOUNT OF ELECTRICITY TO BE STATED IN RENEWABLES OBLIGATION CERTIFICATES WHERE ARTICLE 30(3) APPLIES

      8. PART 4 AMOUNT OF ELECTRICITY TO BE STATED IN RENEWABLES OBLIGATION CERTIFICATES WHERE ARTICLE 30(5) OR ARTICLE 31(4) APPLIES

    6. SCHEDULE 3

      AMOUNT OF RELEVANT SHORTFALL FOR THE RELEVANT OBLIGATION PERIOD

    7. SCHEDULE 3A

      ACTUAL VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS

      1. 1.The greenhouse gas emissions from the use of biomass are...

      2. 2.In this Schedule— (a) η e l is equal to...

    8. SCHEDULE 3B

      DEFAULT VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS

      1. PART 1 METHOD FOR CALCULATING EMISSIONS

        1. 1.The greenhouse gas emissions from the use of biomass are...

        2. 2.In this Schedule— (a) η e l , η h...

      2. PART 2 DEFAULT GREENHOUSE GAS EMISSIONS FROM THE PRODUCTION OF BIOMASS

    9. SCHEDULE 4

      THE REGISTER

      1. 1.The Authority must establish and maintain the Register referred to...

      2. 2.The Register must identify whether or not a SROC subsists...

      3. 3.Particulars of a SROC comprise– (a) the name of the...

      4. 4.A person may only be the registered holder of a...

      5. 5.The Authority may from time to time draw up procedural...

      6. 6.The Authority must delete from the Register any SROC which–...

      7. 7.Where the registered holder of a SROC and a person...

      8. 8.Where the Authority receives requests under paragraph 7(a) it must...

      9. 9.Where– (a) a SROC is issued under this Order; or...

      10. 10.The substitute cannot be the registered holder of a SROC...

      11. 11.The Register may be amended by a decision of the...

      12. 12.The contents of the Register (including the entries referred to...

      13. 13.Where any person considers that an entry maintained in respect...

      14. 14.The Authority must in any procedural guidelines which it produces...

      15. 15.In this Schedule “banking day” means a day on which...

  13. Explanatory Note