The Renewables Obligation (Scotland) Order 2009

Articles 2(1) and 22A

[F1 SCHEDULE A1 GREENHOUSE GAS EMISSION CRITERIA FOR BIOLIQUID

Textual Amendments

F1 Schs. A1, A2 inserted (1.4.2011) by The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 16 (with art. 19)

Interpretation

1.   In this Schedule—

“actual value method” means the calculation method for greenhouse gas emissions from the production and use of bioliquids provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex V to the Renewables Directive;

“default percentage” means—

(a)

in relation to bioliquid described in the first column of Part A or Part B of Annex V to the Renewables Directive—

(i)

the percentage (if any) which corresponds to that description in the third column of Part A or Part B of that Annex; or

(ii)

where a percentage corresponding to that description is not set out in the third column of Part A or Part B of that Annex, the percentage which complies with the provision corresponding to that description in the second column of Part A or Part B of that Annex;

(b)

in all other cases, 0%;

“disaggregated default value” means, in relation to a bioliquid described in the first column of a table in Part D or Part E of Annex V to the Renewables Directive, the value which corresponds to that description in the third column of that table in Part D or Part E of Annex V to the Renewables Directive;

“disaggregated default values for cultivation” means the figures in the third column of the table entitled “Disaggregated default values for cultivation: ‘e_ec’ as defined in part C of this Annex” in Part D of Annex V to the Renewables Directive;

“greenhouse gas emissions from the use of fossil fuel” means the value given in paragraph 19 of Part C of Annex V to the Renewables Directive as the fossil fuel comparator for bioliquids used for electricity production;

“mixed value method” means the calculation method for greenhouse gas emissions from the production and use of bioliquids provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex V to the Renewables Directive, but using one or more disaggregated default values for the bioliquid when carrying out the calculation set out in paragraph 1 of Part C of that Annex; and

“relevant percentage” means—

(a)

in relation to bioliquid used to generate electricity before 1st January 2017, 35%;

(b)

in relation to bioliquid used to generate electricity during 2017, 50%;

(c)

in relation to bioliquid produced by an installation that started producing bioliquid before 1st January 2017 and used to generate electricity on or after 1st January 2018, 50%;

(d)

in all other cases, 60%.

The greenhouse gas emission criteria

2.   Where bioliquid is used to generate electricity, it meets the greenhouse gas emission criteria if—

(a) the greenhouse gas emissions from its use are lower, by at least the relevant percentage, than the greenhouse gas emissions from the use of fossil fuel; or

(b) the bioliquid was—

(i) produced by an installation that was producing bioliquid on 23rd January 2008; and

(ii) used to generate electricity before 1st April 2013.

Calculating the percentage difference

3.   For the purposes of paragraph 2, the percentage difference between the greenhouse gas emissions from the use of the bioliquid and the greenhouse gas emissions from the use of fossil fuel is—

(a) to be calculated using one of the following methods—

(i) the actual value method; or

(ii) the mixed value method; or

(b) the default percentage.

4.   The mixed value method must not be used for the purposes of paragraph 2 unless the bioliquid is described in the first column of a table in Part D or Part E of Annex V to the Renewables Directive.

5.   Where the mixed value method is used for the purposes of paragraph 2, the disaggregated default values for cultivation must not be used in carrying out the calculation in paragraph 1 of Part C of Annex V to the Renewables Directive unless the biomaterial from which the bioliquid is made—

(a) was cultivated outside the EU;

(b) was cultivated in an area included in a list submitted under Article 19(2) of the Renewables Directive;

(c) is waste; or

(d) is residue (other than residue from agriculture, aquaculture or fisheries).

6.   The default percentage must not be used for the purposes of paragraph 2 unless—

(a) in relation to the bioliquid, the result of the calculation in paragraph 7 of Part C of Annex V to the Renewables Directive is equal to, or less than, zero; and

(b) in the case of a bioliquid described in the first column of Part A of Annex V to the Renewables Directive, the biomaterial from which the bioliquid is made—

(i) was cultivated outside the EU;

(ii) was cultivated in an area included in a list submitted under Article 19(2) of the Renewables Directive;

(iii) is waste; or

(iv) is residue (other than residue from agriculture, aquaculture or fisheries).]

Articles 2(1), 22A and 54

[F1 SCHEDULE A2 LAND CRITERIA

Interpretation

1.   In this Schedule—

“continuously forested area” means land of an area of more than one hectare which includes—

(a)

trees more than five metres tall providing a tree canopy cover of more than 30%; or

(b)

trees collectively having the capacity to provide a tree canopy cover of more than 30% which—

(i)

are more than five metres tall; or

(ii)

have the capacity to grow to a height of more than five metres;

“designated for nature protection purposes” means designated pursuant to the law of the United Kingdom or of any part of the United Kingdom or pursuant to the law of any country or territory outside the United Kingdom, for the purpose of protecting the natural environment;

“lightly forested area” means land of an area of more than one hectare which includes—

(a)

trees more than five metres tall providing a tree canopy cover of between 10% and 30%, or

(b)

trees collectively having the capacity to provide a tree canopy cover of between 10% and 30% which—

(i)

are more than five metres tall; or

(ii)

have the capacity to grow to a height of more than five metres;

“primary forest” means woodland of native species, where there is no clearly visible indication of human activity and ecological processes are not significantly disturbed; and

“wetland area” means land that is covered with or saturated by water—

(a)

permanently; or

(b)

for a significant part of the year.

2.   For the purposes of this Schedule—

(a) biomaterial was obtained from a former continuously forested area if the land—

(i) was a continuously forested area at any time during January 2008; and

(ii) was not a continuously forested area when the biomaterial was obtained from it;

(b) biomaterial was obtained from a former lightly forested area if the land—

(i) was a lightly forested area at any time during January 2008; and

(ii) was not a lightly forested area or a continuously forested area when the biomaterial was obtained from it; and

(c) biomaterial was obtained from a former wetland area if the land—

(i) was a wetland area at any time during January 2008; and

(ii) was not a wetland area when the biomaterial was obtained from it.

Land criteria

3.— (1) Fuel meets the land criteria if the biomaterial from which it was made—

(a) was waste;

(b) was residue (other than residue from agriculture, aquaculture, fisheries or forestry); or

(c) was obtained from a permitted source.

(2) Biomaterial is obtained from a permitted source unless it is obtained from—

(a) land which at any time during or after January 2008 was primary forest;

(b) except where sub-paragraph (3) applies to the biomaterial, land which at any time during or after January 2008 was designated for nature protection purposes;

(c) except where sub-paragraph (4) applies to the biomaterial, land which at any time during January 2008 was peatland;

(d) a former continuously forested area;

(e) except where sub-paragraph (5) or (7) applies to the biomaterial, a former lightly forested area; or

(f) a former wetland area.

(3) This sub-paragraph applies to biomaterial obtained from land which at any time during or after January 2008 was designated for nature protection purposes if the production of that biomaterial did not interfere with the nature protection purposes for which the land was designated.

(4) This sub-paragraph applies to biomaterial obtained from land which at any time during January 2008 was peatland if the cultivation and harvesting of that biomaterial did not involve the drainage of previously undrained soil.

(5) This sub-paragraph applies to biomaterial obtained from a former lightly forested area where—

(a) the fuel made from the biomaterial was not a bioliquid; and

(b) the greenhouse gas emissions from the use of the fuel to generate one mega joule of electricity did not exceed 79.2 grams.

(6) For the purposes of sub-paragraph (5)(b), the greenhouse gas emissions must be calculated using the method set out in Schedule 3A.

(7) This sub-paragraph applies to biomaterial obtained from a former lightly forested area where—

(a) the fuel made from the biomaterial was a bioliquid; and

(b) the greenhouse gas emissions from the use of the bioliquid to generate electricity were lower, by at least the relevant percentage, than the greenhouse gas emissions from the use of fossil fuel.

(8) For the purposes of sub-paragraph (7)(b), the percentage difference between the greenhouse gas emissions from the use of the bioliquid and the greenhouse gas emissions from the use of fossil fuel must be calculated using the actual value method.

(9) In this paragraph, “actual value method”, “greenhouse gas emissions from the use of fossil fuel” and “relevant percentage” have the same meaning as in Schedule A1.]

Articles 7, 8, 9, 10 and 12

SCHEDULE 1 CALCULATION OF THE SROC OBLIGATION

Obligation period	Number of SROCs per megawatt hour of electricity supplied in Great Britain	Number of SROCs per megawatt hour of electricity supplied in Northern Ireland
1st April 2009 to 31st March 2010	0.097	0.035
1st April 2010 to 31st March 2011	0.104	0.040
1st April 2011 to 31st March 2012	0.114	0.050
1st April 2012 to 31st March 2013	0.124	0.063
1st April 2013 to 31st March 2014	0.134	0.063
1st April 2014 to 31st March 2015	0.144	0.063
1st April 2015 to 31st March 2016	0.154	0.063
Each subsequent period of twelve months ending with the period of twelve months ending on 31st March [F2 2037]	0.154	0.063

Textual Amendments

F2 Year in Sch. 1 Table substituted (1.4.2010) by The Renewables Obligation (Scotland) Amendment Order 2010 (S.S.I. 2010/147), arts. 1, 14 (with art. 17)

Articles 27, 30, and 33

SCHEDULE 2 ELECTRICITY TO BE STATED IN SROCs

PART 1 INTERPRETATION

1.—(1) In this Schedule–

[F3 “2009/11 dedicated biomass generating station” means a generating station which has, in any month after March 2009 and before November 2011, generated electricity—

(a)

only from biomass; and

(b)

in respect of which SROCs were issued for all or part of the electricity so generated during that month;]

“AD” means electricity generated from gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill;

[F4 “advanced gasification/pyrolysis” means electricity generated from an advanced fuel which—

(a)

in the case of a gaseous fuel, has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least 4 megajoules per metre cubed; and

(b)

in the case of a liquid fuel, has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least 10 megajoules per kilogram;]

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 “building mounted solar PV” means electricity generated from the direct conversion of sunlight into electricity by equipment not installed on the ground either—

(a)

directly; or

(b)

on a frame, plinth or other structure installed—

(i)

on the ground; and

(ii)

wholly or mainly for the purpose of supporting that equipment;]

[F6 “closed landfill gas” means electricity generated—

(a)

from landfill gas (other than electricity generated using the heat from a turbine or engine); and

(b)

in a month in which the generating station generates electricity only from gas formed by the digestion of material in a landfill which has finally ceased to accept waste for disposal;]

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 “co-firing of regular bioliquid” means electricity generated from regular bioliquid burned in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month; and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;]

[F6 “co-firing of regular bioliquid with CHP” means electricity generated from regular bioliquid burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources; and

(c)

the fossil fuel and regular bioliquid have been burned in separate combustion  units;]

[F8 “dedicated biomass” means electricity generated from regular biomass by a generating station—

(a)

which is not a relevant fossil fuel generating station; and

(b)

in a month in which it generates electricity only from biomass;]

[F9 “dedicated biomass with CHP” means electricity generated from regular biomass by a qualifying combined heat and power generating station—

(a)

which is not a relevant fossil fuel generating station; and

(b)

in a month in which it generates electricity only from biomass;]

[F10 “dedicated energy crops” means electricity generated from energy crops by a generating station—

(a)

which is not a relevant fossil fuel generating station; and

(b)

in a month in which the generating station generates electricity only from energy crops or only from biomass;]

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“electricity generated from landfill gas” means electricity generated from gas formed by the digestion of material in a landfill;

“electricity generated from sewage gas” means electricity generated from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed);

“energy from waste with CHP” means electricity generated from the combustion of waste (other than [F12 an advanced fuel or] a fuel produced by means of anaerobic digestionF13 ...) in a qualifying combined heat and power generating station in a month in which the station generates electricity only from renewable sources and those renewable sources include waste which is not biomass;

[F14 “enhanced tidal stream” means electricity generated from the capture of the energy created from the motion of naturally occurring tidal currents in water, where such electricity is not generated by devices built with or maintained by capital or revenue funding under a statutory grant programme operated by the Scottish Ministers or the Secretary of State [F15 in respect of which a statutory grant was awarded on or before 19th September 2008];]

[F14 “enhanced wave” means electricity generated from the motion of naturally occurring waves on water, where such electricity is not generated by devices built with or maintained by capital or revenue funding under a statutory grant programme operated by the Scottish Ministers or the Secretary of State [F16 in respect of which a statutory grant was awarded on or before 19th September 2008];]

“geopressure” means electricity generated using naturally occurring subterranean pressure;

“geothermal” means electricity generated using naturally occurring subterranean heat;

[F6 “ground mounted solar PV” means electricity generated from the direct conversion of sunlight into electricity by equipment installed on the ground either—

(a)

directly; or

(b)

on a frame, plinth or other structure installed—

(i)

on the ground; and

(ii)

wholly or mainly for the purpose of supporting that equipment;]

[F6 “high-range co-firing” means electricity generated from energy crops or regular solid or gaseous biomass burned in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is at least 85 per cent but is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month; and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;]

[F6 “high-range co-firing with CHP” means—

(a)

electricity generated from regular solid or gaseous biomass burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(i)

the energy content of the biomass burned in that combustion unit is at least 85 per cent but is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

(ii)

the generating station generates electricity partly from fossil fuel and partly from renewable sources; and

(iii)

the fossil fuel and regular solid or gaseous biomass have been burned in separate combustion units;

(b)

electricity generated from energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(i)

the energy content of the biomass burned in that combustion unit is at least 85 per cent but is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

(ii)

the generating station generates electricity partly from fossil fuel and partly from renewable sources; and

(iii)

the fossil fuel and energy crops have been burned in separate combustion units;]

“hydroelectric” means electricity generated by a hydro generating station;

[F6 “landfill gas heat recovery” means electricity generated using the heat from a turbine or engine, where the turbine or engine is generating electricity from landfill gas;]

[F6 “low-range co-firing” means electricity generated from energy crops or regular solid or gaseous biomass burned in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is less than 50 per cent of the energy content of all of the energy sources burned in that combustion unit during that month; and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;]

[F6 “low-range co-firing with CHP” means—

(a)

electricity generated from regular solid or gaseous biomass burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(i)

the energy content of the biomass burned in that combustion unit is less than 50 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

(ii)

the generating station generates electricity partly from fossil fuel and partly from renewable sources; and

(iii)

the fossil fuel and regular solid or gaseous biomass have been burned in separate combustion units;

(b)

electricity generated from energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(i)

the energy content of the biomass burned in that combustion unit is less than 50 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

(ii)

the generating station generates electricity partly from fossil fuel and partly from renewable sources; and

(iii)

the fossil fuel and energy crops have been burned in separate combustion units;]

[F6 “mid-range co-firing” means electricity generated from energy crops or regular solid or gaseous biomass burned in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is at least 50 per cent but is less than 85 per cent of the energy content of all of the energy sources burned in that combustion unit during that month; and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;]

[F6 “mid-range co-firing with CHP” means—

(a)

electricity generated from regular solid or gaseous biomass burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(i)

the energy content of the biomass burned in that combustion unit is at least 50 per cent but is less than 85 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

(ii)

the generating station generates electricity partly from fossil fuel and partly from renewable sources; and

(iii)

the fossil fuel and regular solid or gaseous biomass have been burned in separate combustion units;

(b)

electricity generated from energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(i)

the energy content of the biomass burned in that combustion unit is at least 50 per cent but is less than 85 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

(ii)

the generating station generates electricity partly from fossil fuel and partly from renewable sources; and

(iii)

the fossil fuel and energy crops have been burned in separate combustion units;]

“offshore wind” means electricity generated from wind by a generating station that is offshore, F17 ...

“onshore wind” means electricity generated from wind by a generating station that is not offshore;

[F6 “regular bioliquid” means bioliquid other than—

(a)

advanced fuel;

(b)

fuel produced by means of anaerobic digestion;

(c)

energy crops;]

[F6 “regular solid or gaseous biomass” means regular biomass other than bioliquid;]

[F6 “relevant fossil fuel CHP generating station” means a relevant fossil fuel generating station which is a qualifying combined heat and power generating station;]

[F6 “relevant fossil fuel generating station” means—

(a)

a generating station—

(i)

which is not a 2009/11 dedicated biomass generating station; and

(ii)

which has, in any 6 month period since it was first commissioned, generated electricity from fossil fuel, where the energy content of the fossil fuel was more than 15 per cent of the energy content of all of the energy sources used by the station to generate electricity during that 6 month period, or

(b)

a generating station—

(i)

which is a 2009/11 dedicated biomass generating station; and

(ii)

which has, in any 6 month period since 1st November 2011, generated electricity from fossil fuel, where the energy content of the fossil fuel was more than 15 per cent of the energy content of all of the energy sources used by the station to generate electricity during that 6 month period;]

“solar photovoltaic” means electricity generated from the direct conversion of sunlight into electricity;

[F18 “standard gasification/pyrolysis” means electricity generated from an advanced fuel which—

(a)

in the case of a gaseous fuel, has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least two megajoules per metre cubed but is less than 4 megajoules per metre cubed; and

(b)

in the case of a liquid fuel, has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station which is less than 10 megajoules per kilogram;]

F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 “station conversion” means electricity generated—

(a)

from regular biomass or from energy crops;

(b)

by a relevant fossil fuel generating station; and

(c)

in a month in which the station generates electricity only from biomass or only from energy crops;]

[F6 “station conversion with CHP” means electricity generated—

(a)

from regular biomass or from energy crops;

(b)

by a relevant fossil fuel CHP generating station; and

(c)

in a month in which the station generates electricity only from biomass or only from energy crops;]

“tidal impoundment – tidal barrage” means electricity generated by a generating station driven by the release of water impounded behind a barrier using the difference in tidal levels where the barrier is connected to both banks of a river and the generating station has a declared net capacity of less than 1 gigawatt;

“tidal impoundment – tidal lagoon” means electricity generated by a generating station driven by the release of water impounded behind a barrier using the difference in tidal levels where the barrier is not a tidal barrage and the generating station has a declared net capacity of less than 1 gigawatt;

“tidal stream” means electricity generated from the capture of the energy created from the motion of naturally occurring tidal currents in water; and

[F6 “unit conversion” means electricity generated from regular biomass or energy crops burned in a combustion unit in a month in which—

(a)

that combustion unit burns only biomass or burns only energy crops; and

(b)

the generating station generates electricity partly from fossil-fuel and partly from renewable sources;]

[F6 “unit conversion with CHP” means electricity generated from regular biomass or energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(a)

that combustion unit burns only biomass or burns only energy crops; and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;]

“wave” means electricity generated from the capture of the energy created from the motion of naturally occurring waves on water.

(2) For the purposes of this Schedule–

(a) fossil fuel does not include waste which is a renewable source; F20 ...

(b) in determining how electricity has been generated, no account is to be taken of any fossil fuel or waste which a generating station uses for permitted ancillary purposes;

[F21 (c) in determining the energy content of the energy sources used by a generating station to generate electricity, no account is to be taken of any fossil fuel or waste which the station uses for permitted ancillary purposes; and

(d) in determining the energy content of the energy sources burned in a combustion unit, no account is to be taken of any fossil fuel or waste which is used—

(i) in that combustion unit for a purpose listed in article 22(3)(a); and

(ii) in a month in which the energy content of the fossil fuel or waste used in that combustion unit for a purpose listed in article 22(3)(a) (or, where both fossil fuel and waste are so used during a month, their combined energy content) does not exceed 10 per cent of the energy content of all of the energy sources burned in that combustion unit during that month.]

Textual Amendments

F3 Words in Sch. 2 para. 1(1) inserted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(2) (with art. 29)

F4 Words in Sch. 2 para. 1(1) substituted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(3) (with art. 29)

F5 Words in Sch. 2 para. 1(1) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(4) (with art. 29)

F6 Words in Sch. 2 para. 1(1) inserted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(5) (with art. 29)

F7 Words in Sch. 2 para. 1(1) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(6) (with art. 29)

F8 Words in Sch. 2 para. 1(1) substituted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(9) (with art. 29)

F9 Words in Sch. 2 para. 1(1) substituted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(10) (with art. 29)

F10 Words in Sch. 2 para. 1(1) substituted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(11) (with art. 29)

F11 Words in Sch. 2 para. 1(1) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(7) (with art. 29)

F12 Words in Sch. 2 para. 1(1) inserted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(12)(a) (with art. 29)

F13 Words in Sch. 2 para. 1(1) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(12)(b) (with art. 29)

F14 Words in Sch. 2 Pt. 1 para. 1(1) inserted (17.7.2009) by The Renewables Obligation (Scotland) Amendment Order 2009 (S.S.I. 2009/276), arts. 1, 2(2)(a)

F15 Words in Sch. 2 Pt. 1 para. 1(1) inserted (1.4.2011) by The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 17(a) (with art. 19)

F16 Words in Sch. 2 Pt. 1 para. 1(1) inserted (1.4.2011) by The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 17(b) (with art. 19)

F17 Words in Sch. 2 Pt. 1 para. 1(1) omitted (1.4.2011) by virtue of The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 17(c) (with art. 19)

F18 Words in Sch. 2 para. 1(1) substituted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(13) (with art. 29)

F19 Words in Sch. 2 para. 1(1) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(8) (with art. 29)

F20 Word in Sch. 2 para. 1(2)(a) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(14) (with art. 29)

F21 Sch. 2 para. 1(2)(c)(d) inserted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(15) (with art. 29)

Articles 27(4) and (9) and 33(3)

[F22 PART 2 AMOUNT OF ELECTRICITY TO BE STATED IN SROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY

Textual Amendments

F22 Sch. 2 Pt. 2 substituted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 27 (with art. 29)

Generation type	Amount of electricity (in megawatt hours) to be stated in a SROC issued for electricity generated using pre-2013 capacity
AD
Advanced gasification/pyrolysis
Co-firing of regular bioliquid	2
Dedicated biomass
Dedicated energy crops
Electricity generated from landfill gas	4
Electricity generated from sewage gas	2
Energy from waste with CHP	1
Enhanced tidal stream
Enhanced wave
Geopressure	1
Geothermal
High-range co-firing
Hydroelectric	1
Low-range co-firing	2
Mid-range co-firing
Offshore wind
Onshore wind	1
Solar photovoltaic
Standard gasification/pyrolysis	1
Station conversion	1
Tidal impoundment – tidal barrage
Tidal impoundment – tidal lagoon
Tidal stream
Unit conversion	1
Wave	]

Articles 27(5) to (8),(10) and 33(3)

[F23 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

Textual Amendments

F23 Sch. 2 Pts. 2A-2D inserted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 28 (with art. 29)

Generation type	Amount of electricity (in megawatt hours) to be stated in a SROC issued for electricity generated using—
	2013/14 capacity	2014/15 capacity	2015/16 capacity	post-2016 capacity
AD
Advanced gasification/ pyrolysis
Building mounted solar PV
Closed landfill gas	5	5	5	5
Co-firing of regular bioliquid	2	2	2	2
Dedicated biomass
Dedicated energy crops
Electricity generated from sewage gas	2	2	2	2
Energy from waste with CHP	1	1	1	1
Enhanced tidal stream
Enhanced wave
Geopressure	1	1	1	1
Geothermal
Ground mounted solar PV
High-range co-firing
Hydroelectric	1	1	1	1
Landfill gas heat recovery	10	10	10	10
Low-range co-firing	2	2	2	2
Mid-range co-firing
Offshore wind
Onshore wind
Standard gasification/ pyrolysis
Station conversion	1	1	1	1
Tidal impoundment – tidal barrage
Tidal impoundment – tidal lagoon
Tidal stream
Unit conversion	1	1	1	1
Wave				]

Article 28(3) and (4)

[F23 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

Generation type	Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the qualifying proportion of electricity generated using pre-2013 capacity or 2013/15 capacity	Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the remainder of the electricity generated using pre-2013 capacity or 2013/15 capacity
Co-firing of regular bioliquid with CHP	1	2
Dedicated biomass with CHP
High-range co-firing with CHP
Low-range co-firing with CHP	1	2
Mid-range co-firing with CHP
Station conversion with CHP		1
Unit conversion with CHP		1]

Article 28(5)

[F23 PART 2C AMOUNT OF ELECTRICITY TO BE STATED IN SROCS ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 28(5) APPLIES

Generation type	Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the qualifying proportion of electricity generated using 2015/16 capacity	Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the remainder of the electricity generated using 2015/16 capacity
Co-firing of regular bioliquid with CHP	1	2
Dedicated biomass with CHP
High-range co-firing with CHP
Low-range co-firing with CHP	1	2
Mid-range co-firing with CHP
Station conversion with CHP		1
Unit conversion with CHP		1]

Article 28(6)

[F23 PART 2D AMOUNT OF ELECTRICITY TO BE STATED IN SROCS ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 28(6) APPLIES

Generation type	Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the qualifying proportion of electricity generated using post-2016 capacity	Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the remainder of the electricity generated using post-2016 capacity
Co-firing of regular bioliquid with CHP	1	2
Dedicated biomass with CHP
High-range co-firing with CHP
Low-range co-firing with CHP	1	2
Mid-range co-firing with CHP
Station conversion with CHP		1
Unit conversion with CHP		1]

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

Generation type	Amount of electricity to be stated in a renewables obligation certificate
Electricity generated from landfill gas
Electricity generated from sewage gas
Offshore wind	1 megawatt hour
Wave
Solar photovoltaic

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

Generation type	Amount of electricity to be stated in a renewables obligation certificate
Electricity generated from landfill gas
Electricity generated from sewage gas	1 megawatt hour

Article 48(3)

SCHEDULE 3 AMOUNT OF RELEVANT SHORTFALL FOR THE RELEVANT OBLIGATION PERIOD

Obligation period	Amount
1st April 2008 to 31st March 2009	£910,000
1st April 2009 to 31st March 2010	£970,000
1st April 2010 to 31st March 2011	£1,040,000
1st April 2011 to 31st March 2012	£1,140,000
1st April 2012 to 31st March 2013	£1,240,000
1st April 2013 to 31st March 2014	£1,340,000
1st April 2014 to 31st March 2015	£1,440,000
1st April 2015 to 31st March 2016	£1,540,000
Each subsequent period of twelve months ending with the period of twelve months ending on 31st March [F24 2037]	£1,540,000

Textual Amendments

F24 Year in Sch. 3 substituted (1.4.2010) by The Renewables Obligation (Scotland) Amendment Order 2010 (S.S.I. 2010/147), arts. 1, 16 (with art. 17)

Articles 2(1) and 54

[F25 SCHEDULE 3A ACTUAL VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS

Textual Amendments

F25 Schs. 3A, 3B inserted (1.4.2011) by The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 18 (with art. 19)

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

(a) where the biomass is used by a combined heat and power generating station, ;

(b) in any other case, .

2.   In this Schedule—

(a) is equal to where—

(i) A is the total amount of electricity generated by the generating station during the obligation period; and

(ii) F is the energy content of all of the fuels used in generating that electricity during the obligation period;

(b) is equal to where—

(i) F has the same meaning as in sub-paragraph (a)(ii); and

(ii) H is the energy content of all of the heat supplied to any premises by the generating station during the obligation period;

(c) is equal to—

(i) where T is less than 423 kelvin, 0.3546;

(ii) in any other case, ;

(d) E is the greenhouse gas emissions from the production of the biomass and is to be calculated in accordance with Part C of Annex V to the Renewables Directive but as if the following modifications were made to Part C of that Annex—

(i) in paragraph 1—

(aa) for “and use of transport fuels, biofuels and bioliquids” there was substituted “of biomass”;

(bb) for “E = total emissions from the use of the fuel” there was substituted “E = greenhouse gas emissions from the production of the biomass”;

(cc) for “ = emissions from the fuel in use” there was substituted “ = zero”;

(ii) in paragraph 2, for the references to “fuels” and “fuel” there was substituted in each case “biomass”;

(iii) paragraphs 3 and 4 were omitted;

(iv) in paragraph 7—

(aa) for each reference to “biofuel” there was substituted “biomass”;

(bb) the words “or bioliquid” were omitted in each place in which those words occur;

(v) in paragraph 11, for “fuel” there was substituted “biomass”;

(vi) paragraph 13 was omitted;

(vii) in paragraph 14, for “fuel” there was substituted “biomass”;

(viii) for paragraph 16 there was substituted—

“16.   Emission saving from excess electricity from cogeneration shall be taken to be zero.”;

(ix) in paragraph 17, for each reference to “fuel” there was substituted “biomass”;

(x) in paragraph 18—

(aa) for “fuel” there was substituted “biomass”;

(bb) the words “biofuels and bioliquids” were omitted;

(cc) for “fuels” there was substituted “biomass”; and

(xi) paragraph 19 was omitted; and

(e) T is the maximum temperature in degrees kelvin of heat or steam which is (or may be) supplied by the generating station to any premises.]

Article 54

[F25 SCHEDULE 3B DEFAULT VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS

PART 1 METHOD FOR CALCULATING EMISSIONS

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

(a) where the biomass is used by a combined heat and power generating station, ;

(b) in any other case, .

2.   In this Schedule—

(a) , and have the same meaning as in Schedule 3A; and

(b) E, in relation to a type of biomass described in the first column of the table in Part 2, is the number of grams which corresponds to that description in the second column of that table.

PART 2 DEFAULT GREENHOUSE GAS EMISSIONS FROM THE PRODUCTION OF BIOMASS

Biomass	Default greenhouse gas emissions from the production of biomass (in grams)
Wood chips made from residue from forestry carried out in European temperate continental forest.	1
Wood chips made from residue from forestry carried out in tropical or subtropical forest.	25
Wood chips from short rotation forestry carried out in European temperate continental forest.	4
Wood chips from short rotation forestry carried out in tropical or sub-tropical forest.	28
Wood briquettes or wood pellets— (a) which are made from residue from forestry carried out in European temperate continental forest; and (b) where the process to produce the wood briquettes or wood pellets was fuelled by wood.	2
Wood briquettes or wood pellets— (a) which are made from residue from forestry carried out in tropical or subtropical forest; and (b) where the process to produce the wood briquettes or wood pellets was fuelled by natural gas.	20
Wood briquettes or wood pellets— (a) which are made from residue from forestry carried out in tropical or subtropical forest; and (b) where the process to produce the wood briquettes or wood pellets was fuelled by wood.	17
Wood briquettes or wood pellets— (a) which are made from residue from forestry carried out in European temperate continental forest; and (b) where the process to produce the wood briquettes or wood pellets was fuelled by natural gas.	35
Wood briquettes or wood pellets— (a) which are made from short rotation forestry carried out in European temperate continental forest; and (b) where the process to produce the wood briquettes or wood pellets was fuelled by wood.	4
Wood briquettes or wood pellets— (a) which are made from short rotation forestry carried out in European temperate continental forest; and (b) where the process to produce the wood briquettes or wood pellets was fuelled by natural gas.	22
Wood briquettes or wood pellets— (a) which are made from short rotation forestry carried out in tropical or sub-tropical forest; and (b) where the process to produce the wood briquettes or wood pellets was fuelled by wood.	22
Wood briquettes or wood pellets— (a) which are made from short rotation forestry carried out in tropical or sub-tropical forest; and (b) where the process to produce the wood briquettes or wood pellets was fuelled by natural gas.	40
Charcoal made from residue from forestry carried out in European temperate continental forest.	41
Charcoal made from residue from forestry carried out in tropical or sub-tropical forest.	50
Charcoal made from short rotation forestry carried out in European temperate continental forest.	46
Charcoal made from short rotation forestry carried out in tropical or sub-tropical forest.	57
Wheat straw	2
Bagasse briquettes where the process to produce the bagasse briquettes was fuelled by wood.	17
Bagasse briquettes where the process to produce the bagasse briquettes was fuelled by natural gas.	35
Bagasse bales	20
Palm kernel	27
Rice husk briquettes	28
Miscanthus bales	7
Biogas produced from wet manure.	8
Biogas produced from dry manure.	7
Biogas produced from wheat, where the whole plant was used to produce the biogas.	21
Biogas produced from straw.	21
Biogas produced from maize, where— (a) the whole maize plant was used in the process to produce the biogas; and (b) the maize was not grown by organic farming methods.	34
Biogas produced from maize, where— (a) the whole maize plant was used in the process to produce the biogas; and (b) the maize was grown by organic farming methods.	19]

Article 59

SCHEDULE 4 THE REGISTER

1.  The Authority must establish and maintain the Register referred to in article 59 (which may be in electronic form) at one or more of its premises.

2.  The Register must identify whether or not a SROC subsists and details of its particulars.

3.  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 7, 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(5), (6) or (8) of the Act, the location of the agent to whom, by virtue of article 35, the SROC was issued;

(iii) a description of that generating station or, where the SROC certifies the matters within section 32B(5), (6) or (8) of the Act, the generating stations to which the SROC relates, including reference to the renewable source or sources used by it or them to generate electricity;

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

(v) the number given to the SROC by the Authority.

4.  A person may only be the registered holder of a SROC or have an entry made and maintained in respect of them under article 59(3)(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 under article 5(2) or in respect of requests for amendments to be made to the Register as provided for in this Schedule, details of those persons.

5.  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.

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

(a) has been revoked by it;

(b) has been produced to it under article 5(2);

(c) is no longer eligible to be produced to it under article 5(2);

(d) it is asked to delete from the Register by the registered holder of the SROC; or

(e) has been (according to the Northern Ireland authority) produced to the Northern Ireland authority by a Northern Ireland supplier under a NIRO Order,

and where a SROC is so deleted, it cannot thereafter be produced to the Authority under article 5(2).

7.  Where the registered holder of a SROC and a person whom the holder wishes to be the registered holder of it require the Register to be amended, by substituting for the name of the registered holder the name of the other person (“ the substitute”), (who must be a person whose name is included on the list referred to in article 59(3)(b))–

(a) the registered holder and the substitute must each submit to the Authority in writing requests which are identical in all material respects; and

(b) where the requirements of sub-paragraph (a) are met, the Authority must, within 5 banking days after the banking day on which (at the commencement of its working hours) it is first in possession of the requests, amend the particulars of the SROC recorded in the Register to show the substitute as the registered holder.

8.  Where the Authority receives requests under paragraph 7(a) it must inform both the registered holder of the SROC and the substitute that the requests have been received and, in the event that the requests are not identical in all material respects, must draw this to their attention.

9.  Where–

(a) a SROC is issued under this Order; or

(b) a substitute is recorded as the registered holder of a SROC pursuant to paragraph 7,

the Authority must notify the registered holder or, as the case may be, the former and new registered holder of that fact in writing within 5 banking days of the issue or substitution having taken place.

10.  The substitute cannot be the registered holder of a SROC until such time as the particulars of the SROC recorded in the Register identify the substitute as such.

11.  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) where the Authority is satisfied that, for some other reason, it is necessary to amend the Register (for example, because an entry in it is incorrect).

12.  The contents of the Register (including the entries referred to in article 59(3)(b)) must 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 must provide a written statement of any entry on the Register including any entry referred to in article 59(3)(b).

13.  Where any person considers that an entry maintained in respect of them under article 59(3)(b) should be amended or deleted, they may apply to the Authority in writing requesting that the entry be amended or deleted.

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

15.  In this Schedule “ banking day” means a day on which banks are generally open in the City of London excluding Saturdays and Sundays.