The Renewables Obligation (Scotland) Order 2009

The renewables obligation

5.—(1) The renewables obligation is imposed on each electricity supplier supplying electricity to customers in Scotland (a “designated electricity supplier”).

(2) The renewables obligation is that, subject to articles 43 and 44, each designated electricity supplier must, by the specified day, produce to the Authority, in respect of each megawatt hour of [F1 relevant electricity that it supplies] during an obligation period–

(a) subject to sub-paragraph (b), the number of renewables obligation certificates determined in accordance with [F2 article 12, 12A [F3 , 12B or 12C], as the case may be];

(b) where the obligation period commences on 1st April 2009, 0.097 renewables obligation certificates for each megawatt hour so supplied.

(3) To enable the number referred to in paragraph (2)(a) to be determined, the Scottish Ministers must first determine for the obligation period in question, calculations [F4 A and B] and the total number of renewables obligation certificates required to be produced by designated electricity suppliers in accordance with articles 6 to 11.

(4) Where the number of renewables obligation certificates that a designated electricity supplier is required to produce by virtue of paragraph (2) is not a whole number, it is to be rounded to the nearest whole number (one half being rounded upwards).

(5) For the purposes of this Order, electricity generated by a generating station which cannot be shown to have been supplied to customers in Scotland, is to be regarded as having been so supplied if and to the extent that the condition in paragraph (6) has been met.

(6) The condition is met if–

(a) the generating station is located in Scotland;

(b) the electricity has been supplied to customers or premises in a Renewable Energy Zone, or any part of such a Zone, which is designated by Order under section 84(5) of the Energy Act 2004 (areas in relation to which Scottish Ministers have functions); and

(c) those customers or premises are connected to a transmission or distribution system (or part of such a system) located in Scotland.

Textual Amendments

F1 Words in art. 5(2) substituted (8.12.2017) by The Renewables Obligation (Scotland) Amendment Order 2017 (S.S.I. 2017/432), arts. 1(1), 4(a)

F2 Words in art. 5(2)(a) substituted (8.12.2017) by The Renewables Obligation (Scotland) Amendment Order 2017 (S.S.I. 2017/432), arts. 1(1), 4(b)

F3 Words in art. 5(2)(a) substituted (22.3.2024) by The Renewables Obligation (Scotland) Amendment Order 2024 (S.S.I. 2024/98), arts. 1(1), 4

F4 Words in art. 5(3) substituted (1.4.2010) by The Renewables Obligation (Scotland) Amendment Order 2010 (S.S.I. 2010/147), arts. 1, 3 (with art. 17)