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

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

   4. 17C. Generating stations (other than microgenerators) accredited before feed-in tariffs become available

   5. 17D. Generating stations (other than microgenerators) accredited after feed-in tariffs become available

   6. 17E. Articles 17C and 17D: supplemental

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

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

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

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

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

   12. 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 renewable output

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

   2. 25. Calculating a generating station's renewable output

   3. 26. 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. Qualifying combined heat and power generating stations

   3. 29. Microgenerators

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

   5. 30A. Offshore wind generating stations using relevant wind turbines

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

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

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

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

    5. 57. Functions of the Authority

    6. 58. Preliminary accreditation and accreditation of generating stations

    7. 59. SROC Register

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

    9. 61. Revocation, transitional and savings

11. Signature

12. 1. SCHEDULE 1

       CALCULATION OF THE SROC OBLIGATION

    2. SCHEDULE 2

       ELECTRICITY TO BE STATED IN SROCs

       1. PART 1 INTERPRETATION

          1. 1. (1) In this Schedule– “AD” means electricity generated from gas...

       2. PART 2 AMOUNT OF ELECTRICITY TO BE STATED IN SROCs GENERALLY

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

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

    3. SCHEDULE 3

       AMOUNT OF RELEVANT SHORTFALL FOR THE RELEVANT OBLIGATION PERIOD

    4. 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