The Scottish Ministers make the following Order in exercise of the powers conferred by sections 32(1) and (2), 32A(1) and (2), 32C(1) to (6), 32D(1), (2) and (8)(b), 32E(2) and (6), 32J(3) and 32K(1) and (3) of the Electricity Act 1989 (“the 1989 Act”)1 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”)2 and all other powers enabling them to do so.

This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Scottish Ministers that it is expedient for the references to Annex 5 to Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources3 inserted by this Order into article 54A of the Renewables Obligation (Scotland) Order 20094 to be construed as references to Annex 5 to that Directive as amended from time to time.

In accordance with section 32L(3) of the 1989 Act a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

In accordance with section 32D(4) of the 1989 Act the Scottish Ministers have had regard to the matters referred to in that section.

In accordance with section 32D(7) of the 1989 Act they have carried out a review by virtue of section 32D(8) of the 1989 Act.

In accordance with section 32L(1) of the 1989 Act they have consulted the Gas and Electricity Markets Authority5, the National Consumer Council6, electricity suppliers to whom this Order applies, and such generators of electricity from renewable sources and other persons as they considered appropriate.