- Latest available (Revised)
- Point in Time (20/11/2018)
- Original (As made)
Point in time view as at 20/11/2018.
There are currently no known outstanding effects for the The Renewables Obligation (Scotland) Order 2009, Section 42.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
42.—(1) In this Part–
“buy-out fund” means the fund held by the Authority on the 1st September of the settlement period, being the aggregate of–
amounts received by the Authority under article 43 (those amounts relating to the renewables obligation in the relevant period);
amounts held by the Authority by virtue of articles 46(4)(b), 47(4), 51(5) and 52(6)(b); and
any interest earned on those amounts;
“compliant United Kingdom supplier” means a United Kingdom supplier which, at the end of the late payment period, has discharged or is treated as if it had discharged in full every UK renewables obligation imposed on it in respect of the relevant period;
“GBRO costs” means the costs which have been or are expected to be incurred by the Authority in connection with the performance of any of its functions conferred by or under sections 32 to 32M of the Act during the settlement period;
“instalment payment” is to be construed in accordance with article 49(5);
“late payment fund” is the fund held by the Authority on the 1st November of the settlement period, being the aggregate of–
(a)amounts received by the Authority during that period under article 44 (those amounts relating to the renewables obligation in the relevant period); and
(b)any interest earned on those amounts;
“late payment period” means the period beginning on the 1st September and concluding on the 31st October in the settlement period;
“mutualisation fund” means the aggregate at any given time of the amounts (excluding any amounts repaid under article 51(2)) received by the Authority under articles 49 and 51 (together with any interest earned on those amounts) in relation to the relevant period;
“mutualisation period” means the obligation period immediately following the settlement period;
“NIRO costs” means the costs which have been or are expected to be incurred by the Northern Ireland authority in connection with the performance of any of its functions conferred by or under Articles 52 to 55F of the Northern Ireland Energy Order during a period which, in any order made under those Articles, corresponds to the settlement period;
“non compliant United Kingdom supplier” means a United Kingdom supplier which, at the end of the late payment period, has not discharged or is not treated as if it had discharged in full every UK renewables obligation imposed on it in respect of the relevant period;
“recalculated supplier payment” is to be construed in accordance with article 50(5);
“the relevant period” is to be construed in accordance with article 43(1);
“relevant shortfall” is to be construed in accordance with article 48(3);
“relevant supplier” means an electricity supplier which was a designated electricity supplier in the relevant period and which at the end of the late payment period had discharged or is treated as if it had discharged the whole or part of its renewables obligation for the relevant period;
“renewables obligation order” is to be construed in accordance with section 32(4) of the Act;
“shortfall” is to be construed in accordance with article 48(2);
“the settlement period” is to be construed in accordance with article 43(1);
“supplier payment” is to be construed in accordance with article 49(3);
“total mutualisation sum” is to be construed in accordance with article 48;
“total UK buy-out fund” means the fund existing on the 1st September of the settlement period, being the aggregate of–
the buy-out fund held on that date;
any fund provided for in a renewables obligation order made by the Secretary of State which corresponds to the buy-out fund held on that date; and
any fund provided for in an order made under Articles 52 to 55F of the Northern Ireland Energy Order which corresponds to the buy-out fund held on that date;
“UK renewables obligation” means–
the renewables obligation imposed by article 5 of this Order;
a renewables obligation imposed by a renewables obligation order made by the Secretary of State; or
a renewables obligation imposed on Northern Ireland suppliers in an order made under Articles 52 to 55F of the Northern Ireland Energy Order;
“United Kingdom supplier” means–
a designated electricity supplier;
any electricity supplier on which a UK renewables obligation is imposed under a renewables obligation order made by the Secretary of State; and
any designated electricity supplier within the meaning of Article 52(2) of the Northern Ireland Energy Order.
(2) In this Part, references to the late payment period, the mutualisation period, the relevant period and the settlement period, when used in the context of a United Kingdom supplier subject to a UK renewables obligation, are to be construed (where the United Kingdom supplier is not a designated electricity supplier)–
(a)in the case of an electricity supplier on which a UK renewables obligation is imposed under a renewables obligation order made by the Secretary of State, as references to the period which corresponds to the late payment, mutualisation, relevant or (as the case may be) settlement period in that order;
(b)in the case of an electricity supplier on which a UK renewables obligation is imposed under an order made under Articles 52 to 55F of the Northern Ireland Energy Order, as references to the period which corresponds to the late payment, mutualisation, relevant or (as the case may be) settlement period in the order under which that UK renewables obligation is imposed.
(3) Any sum payable by suppliers under articles 43(1), 44, 49 or 51(1) is to be rounded to the nearest penny, with any half of a penny being rounded upwards.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: