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Scottish Statutory Instruments

2009 No. 140

ELECTRICITY

The Renewables Obligation (Scotland) Order 2009

Made

31st March 2009

Coming into force in accordance with Article 1

CONTENTS

Go to Preamble

  1. 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

  2. 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

  3. 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

  4. PART 4

    Cases and circumstances when a SROC must not be issued

    1. 17. Excluded generating stations

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

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

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

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

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

    7. 23. Circumstances in which no SROCs are to be issued by virtue of section 32C(8)(a) of the Act

  5. 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

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

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

    7. 33. Review of banding provisions

  7. 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

  8. 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

  9. 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

    1. SCHEDULE 1

      CALCULATION OF THE SROC OBLIGATION

    2. SCHEDULE 2

      ELECTRICITY TO BE STATED IN SROCs

      1. PART 1

        INTERPRETATION

      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

Go to Explanatory Note

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 32 to 32M of the Electricity Act 1989(1) and all other powers enabling them to do so.

In accordance with section 32L(3) of that 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 that Act the Scottish Ministers have had regard to the matters referred to in that section.

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

(1)

1989 c. 29, as substituted by section 37 of the Energy Act 2008 (c. 32). Back [1]

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