Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Renewables Obligation (Scotland) Order 2009

Type Scottish-Statutory-Instrument

Publication 2009-03-31

Last updated 2024-10-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(2) Subject to paragraph (3), this article also applies to electricity which is generated—

(a) by a generating station—

(i) which was accredited on or before 31st March 2011;

(ii) which, since being accredited, has not ceased to be accredited at any time;

(iii) in respect of which preliminary accreditation was held—

(aa) as at 31st March 2009; and

(bb) from that date until the date on which the station was accredited; and

(iv) to which article 29 does not apply;

(b) in one of the ways described in the first column of Part 4 of Schedule 2; and

(3) This article does not apply to electricity to which article 30 applies.

(4) The amount of electricity to be stated in each SROC issued in respect of electricity to which this article applies is (subject to paragraph (5)) the amount in the second column of Part 4 of Schedule 2 which corresponds to the description in the first column of that Part of that Schedule of the way in which the electricity was generated.

(5) Where, at any time it generates electricity after 31st March 2011, the generating station's total installed capacity is greater than it was on 31st March 2011, paragraph (4) applies only in relation to SROCs which are to be issued in respect of–

(a) where electricity generated using the total installed capacity of the station as at 31st March 2011 (“the original capacity”) is measured separately from electricity generated using capacity which has been added to the station since that date, the electricity to which this article applies which is generated using the station's original capacity; and

(b) in any other case, the appropriate percentage of the electricity to which this article applies (the appropriate percentage for these purposes being the total installed capacity of the station as at 31st March 2011 expressed as a percentage of the total installed capacity of the pre-2013 capacity of the station as at the date of generation of the electricity).

(6) In relation to the remainder of the electricity to which this article applies, the amount of electricity to be stated in each SROC is to be determined in accordance with article 27(4) ....

(7) This article is subject to article 32.

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

32

(1) This article applies to a generating station–

(a) in respect of which a statutory grant was awarded on or before 11th July 2006; and

(b) which either–

(i) was granted accreditation which took effect after 11th July 2006; or

(ii) generates electricity from biomass or waste (including fuels produced from biomass or waste by means of gasification, pyrolysis or anaerobic digestion); and

(2) The operation of articles 27 to 31 in relation to electricity generated by a generating station to which this article applies is conditional upon the operator of the station agreeing–

(a) if the grant or any part of it has been paid, to repay to the Scottish Ministers on or before 31st March 2011 so much of the grant as has been paid;

(b) to pay to the Scottish Ministers interest on an amount repayable under sub-paragraph (a) for such period, and at such rate, as may be determined by the Scottish Ministers; and

(c) if the grant or any part of it has not yet been paid, to consent to the cancellation of the award of the grant or part.

(3) Where a generating station to which this article applies generates electricity at a time when the operator of the station–

(a) has not so agreed; or

(b) having so agreed, has not produced to the Authority evidence of–

(i) the repayment of all amounts due under paragraph (2)(a) or the payment of all amounts of interest due under paragraph (2)(b); and

(ii) where a grant or any part has been cancelled under paragraph (2)(c), the cancellation of that grant or part,

the amount of electricity to be stated in each SROC issued in respect of that electricity is 1 megawatt hour or the amount determined in accordance with any of articles 27 to 28E, whichever is the greater.

(4) In determining how electricity has been generated for the purposes of paragraph (1)(b)(ii), no account is to be taken of any waste which the generating station uses for permitted ancillary purposes.

Review of banding provisions

33

(1) In this Order, “banding provision” means a provision of articles 27 to 31.

(2) The Scottish Ministers may commence a review of the banding provisions in October 2010 and at subsequent four yearly intervals.

(3) The Scottish Ministers may review all or any of the banding provisions at any time if satisfied that one or more of the following conditions is satisfied–

(a) the charges imposed by network operators on persons, or a class of persons, making a request for connection to and use of a transmission or distribution system have changed significantly since the Scottish Ministers made the banding provisions;

(b) the charges imposed by network operators on persons, or a class of persons, who generate electricity have changed significantly since the Scottish Ministers made the banding provisions;

(i) is likely to be used to generate from renewable sources electricity which is supplied to customers in Great Britain; and

(ii) is not listed in the first column of Part 2 or Part 2A of Schedule 2;

(d) there has been a change, since the Scottish Ministers made the banding provisions, in any support, whether financial or otherwise, provided under any enactment other than sections 32 to 32M of the Act to persons generating electricity from renewable sources and that change is likely to have a significant impact on the generation of electricity from renewable sources;

(e) the costs of generating electricity in any of the ways listed in the first column of Part 2 or Part 2A of Schedule 2 are significantly different from the costs of generating electricity in that way to which the Scottish Ministers had regard when making the banding provisions;

(f) there is evidence over a significant period that the provisions of article 13(3) and (4) are having a material effect on trade in SROCs referred to in article 13(3);

(g) in an obligation period the number of SROCs issued by, produced to or likely to be produced to the Authority exceeds or is likely to exceed the total number of SROCs required to be produced to the Authority in respect of that obligation period by designated electricity suppliers;

(h) an event has occurred which–

(i) is relevant to the matters set out in section 32D(4) of the Act;

(ii) was not foreseen by the Scottish Ministers when making the banding provisions; or

(iii) has had or is likely to have a material effect on the operation of this Order.

(4) In this article, “network operators” are persons authorised by a licence under section 6(1)(b) , (c) or (da) of the Act ....

PART 7 — Issue and revocation of SROCs

Issue of SROCs to generators and suppliers

34

(1) Subject to paragraphs (2) to (4) and article 35 (issue of SROCs to agents), the Authority is to issue a SROC to the operator of the generating station by which the electricity to which the SROC relates was generated.

(2) Where electricity–

(a) is required to be generated by a generating station from renewable sources under a NFFO arrangement; or

(b) in compliance with such an arrangement, is required to be made available to the nominated person,

SROCs are to be issued as set out in paragraphs (3) and (4).

(3) Where by virtue of the NFFO arrangement the nominated person is entitled to the electricity, SROCs are to be issued to electricity suppliers notified to the Authority by the nominated person as being purchasers of the electricity and to each in such numbers as are appropriate to the amount of the electricity which the nominated person notifies the Authority each has purchased (subject to the total number of SROCs available to be issued in respect of the electricity).

(4) Where electricity suppliers are entitled to electricity under a NFFO arrangement, SROCs are to be issued to those electricity suppliers, each in proportion to its entitlement.

Issue of SROCs to agents

35

(1) This article applies to a SROC which certifies the matters within section 32B(5), (6) or (8) of the Act (a “relevant SROC”).

(2) Where the generating stations to which a relevant SROC relates are operated by two or more persons (“the operators”), that SROC must be issued to an agent appointed for the purpose by the operators.

(3) The Authority must be notified in writing of the agent's appointment, name and address.

(4) That notification may be provided to the Authority by the operators (or any of them) or the agent.

(5) The Authority must be notified in writing if the agent's appointment is terminated.

(6) That notification may be provided to the Authority by the operators (or any of them) or the agent.

(7) Where notice is given under paragraph (5) and received by the Authority, the termination will take effect (subject to paragraph (8)) at the end of the obligation period during which it is given, and until the expiration of that obligation period the Authority must continue to issue any relevant SROCs to the agent.

(8) Notwithstanding paragraph (7), after the expiration of that obligation period the Authority must continue to issue relevant SROCs to the agent where those SROCs relate to electricity generated during that obligation period.

(9) Paragraphs (7) and (8) do not apply in any case where the Authority is satisfied, by evidence produced to it, that owing to exceptional circumstances the termination should have immediate effect.

(10) Where an agent's appointment has been terminated the agent is required to return to the operators any relevant information relating to the generation of electricity by their stations.

(11) Where any provision of this Order requires or permits something to be done by, to or in respect of an agent appointed under this article and the agent's appointment is terminated before that thing is done, references to that agent (however framed) are to be construed–

(a) where a successor to the agent has been appointed under this article, as references to that successor; and

(b) in any other case, as references to the operators of the generating stations for whom the agent acted before the appointment was terminated.

General criteria for the issue of SROCs

36

(1) Subject to article 37, once during each obligation period the person to whom a SROC is to be issued must confirm to the Authority in writing, whether before or after the generation of the electricity to which the SROC relates, that that electricity, to the best of the person's knowledge and belief, has been or (as the case may be) will be–

(a) in the case of a SROC certifying the matters within section 32B(3) or (5) of the Act, supplied by a designated electricity supplier to customers in Great Britain;

(b) in the case of a SROC certifying the matters within section 32B(4) or (6) of the Act, supplied by a Northern Ireland supplier to customers in Northern Ireland; and

(2) The electricity in respect of which a SROC is to be issued–

(a) must be generated during a month in which the generating station generating it is accredited under this Order or an Order made under Article 52 of the Northern Ireland Energy Order and any conditions to which the accreditation is subject are met;

(b) subject to paragraph (3), must be measured using a meter which, if used for ascertaining the quantity of electricity supplied by an authorised supplier to a customer, would be approved for the purposes of paragraph 2(1)(a) of Schedule 7 to the Act; and

(i) has already been issued under this Order and has not been revoked; or

(ii) has already been issued under an Order made under sections 32 to 32M of the Act by the Secretary of State (whether or not it has been revoked).

(3) Paragraph (2)(b) does not apply in relation to electricity generated by a generating station the operator of which has agreed with the Authority that estimates may be provided instead of measurements using a meter.

(4) Any information which–

(a) is relevant to the question whether a SROC is to be issued; and

(b) is requested by or required to be provided to the Authority under article 53 (provision of information to the Authority),

must be provided in the form and time requested and must be (in the Authority's opinion) accurate and reliable.

(5) Where such information relates to the fuel used in the generation of that electricity and the fuel did not originate at the generating station, in determining whether that information is accurate and reliable the Authority must have regard to–

(a) the distance over which the fuel was transported; and

(b) the conditions under which the fuel was prepared and transported.

(6) The operator of a generating station which generates electricity by burning fuel in a combustion unit may notify the Authority in writing that, until such time as the notification is withdrawn, the energy content of any biomass burned in that combustion unit will be less than 50 per cent of the energy content of all the energy sources burned in that combustion unit.

(7) A notification under paragraph (6) constitutes sufficient evidence of the fact that the energy content of the biomass burned in the combustion unit referred to in the notification is less than 50 per cent of the energy content of all the energy sources burned in that combustion unit.

(8) A notification under paragraph (6) may be withdrawn by a notice—

(a) in writing from the operator of the generating station to the Authority; and

(b) which specifies a date from which the withdrawal of the notification is to take effect.

Criteria applicable to SROCs where article 36(1)(a) or (b) cannot be complied with

37

(1) Where a SROC certifying the matters within section 32B(3) or (5) of the Act is to be issued and article 36(1)(a) cannot be complied with because the electricity in respect of which the SROC is to be issued cannot be shown to have been supplied to customers in Great Britain, the person to whom the SROC is to be issued must confirm to the Authority in writing–

(a) that the electricity in question is to be regarded as having been supplied to customers in Great Britain by virtue of article 15(2) or (3); and

(b) where it is located otherwise than on land, that the generating station to which the SROC relates is connected directly to a transmission or distribution system (or the part of such a system) that is located in Northern Ireland (and to no other system or part thereof).

(2) Where a SROC certifying the matters within section 32B(4) or (6) of the Act is to be issued and article 36(1)(b) cannot be complied with because the electricity in respect of which the SROC is to be issued cannot be shown to have been supplied to customers in Northern Ireland, the person to whom the SROC is to be issued must confirm to the Authority in writing that the electricity in question is to be regarded as having been supplied to customers in Northern Ireland by virtue of article 15(4).

(3) In this article “Northern Ireland” has the same meaning as in Article 54(1) of the Northern Ireland Energy Order.

Further criterion applicable to SROCs certifying matters within section 32B(3) and (5) of the Act where electricity generated otherwise than on land

38

Where a SROC certifying the matters within section 32B(3) or (5) of the Act is to be issued in relation to a generating station which is not located on land and the confirmation required by article 36(1)(a) has been or is to be given in relation to the electricity generated or to be generated by that station, the person to whom the SROC is to be issued must confirm to the Authority in writing that the generating station to which the SROC relates is connected directly to a transmission or distribution system in Great Britain and the electricity in respect of which it is to be issued cannot be or have been conveyed to Great Britain through an electricity interconnector.

Further criteria applicable to SROCs certifying matters within section 32B(3) to (6) of the Act

39

(1) Once during each obligation period the person to whom a SROC certifying the matters within section 32B(3), (4), (5) or (6) is to be issued must confirm to the Authority in writing, whether before or after the generation of the electricity to which the SROC relates–

(a) that they are not a person who has been a party to an applicable NFFO arrangement (within the meaning of article 20);

(b) that they are not (and to the best of their knowledge and belief will not during the obligation period in which the confirmation is given become) a person who is a party to an applicable NFFO arrangement (within the meaning of article 21); and

(c) that they are not (and to the best of their knowledge and belief will not during the obligation period in which the confirmation is given become) a person who is a connected person or a linked person in relation to any such party.

(2) Paragraph (1) does not apply where the person to whom the SROC is to be issued is an electricity supplier.

Further criteria applicable to SROCs certifying matters within section 32B(5), (6) and (8) of the Act

40

(1) Once during each obligation period the person to whom a SROC certifying the matters within section 32B(5), (6) or (8) is to be issued must confirm to the Authority in writing, whether before or after the generation of the electricity to which the SROC relates, the matters set out in paragraph (2).

(2) The matters set out in this paragraph are–

(a) that each of the generating stations in relation to which the SROC is to be issued–

(i) is a microgenerator; and

(ii) is accredited as a generating station capable of generating electricity in the same way from the same renewable source, and

(b) where the generating stations in relation to which the SROC is to be issued are operated by two or more persons (“the operators”), that the operators have each–

(i) appointed the person providing the confirmation to act as agent to receive the SROC on their behalf in accordance with article 35 (issue of SROCs to agents); and

(ii) agreed that their entitlement to SROCs should be determined in the same way (either on a monthly basis or on an annual basis, depending on whether or not a notice has been given to the Authority under article 60(2) (modifications of this Order in relation to microgenerators in certain circumstances)).

Refusing to issue and revoking SROCs

41

(1) The Authority may refuse to issue a SROC–

(a) where any criterion in articles 36 to 40 which relates to that SROC is not (in its opinion) met;

(b) where any information referred to in article 36(4) or any confirmation provided to it under this Part is not (in its opinion) accurate and reliable.

(2) Where, in relation to any electricity generated by a generating station in a month, the Authority is satisfied that–

(a) any information referred to in article 36(4) is false;

(b) any confirmation provided to it under this Part is false; or

(i) the operator of that generating station;

(ii) a connected person; or

(iii) where SROCs are issued to an agent by virtue of article 35, that agent,

the Authority may revoke all SROCs issued in respect of that electricity in that month.

(3) The Authority must revoke any SROC which it has issued where the SROC certifies the matters within section 32B(4) or (6) of the Act and the Northern Ireland authority has notified the Authority that it is not satisfied that the electricity in respect of which the SROC was issued has been supplied to customers in Northern Ireland.

(4) Where the Authority–

(a) is no longer satisfied that a SROC is accurate or should have been issued;

(b) has reasonable doubts as to the accuracy or reliability of the information upon which it relied prior to the issue of a SROC; or

(c) has been unable, due to a failure or refusal by any person (whether inside or outside Scotland) to provide it with any information reasonably requested by it, to check the accuracy of either a SROC or any information which it relied upon prior to the issue of a SROC,

it may revoke the SROC (or another SROC which is identical in all material respects and which has been issued to the same person).

(5) In determining whether to revoke a SROC under paragraph (3) or (4), the Authority may disregard any changes to the amounts for RO input electricity (within the meaning of article 23A), RO output electricity (within the meaning of article 23A), total input electricity and total output electricity which were used by it to determine a generating station’s RO eligible renewable output in a month if satisfied that, in all the circumstances, it is reasonable for it to do so.

(6) Where the Authority revokes a SROC it must delete that SROC from the Register and as soon as reasonably practicable afterwards give notice in writing of such revocation to the person who was the registered holder of the SROC at the time of its revocation.

(7) This article is subject to article 41A(2) to (4).

PART 8 — Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds, and mutualisation

Interpretation

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); andany 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; andany 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; ora 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; andany 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.

Payments to discharge the renewables obligation

43

(1) A designated electricity supplier may (in whole or in part) discharge its renewables obligation for an obligation period (“the relevant period”) by making a payment to the Authority before the 1st September in the following obligation period (“the settlement period”).

(2) The payment referred to in paragraph (1) is an amount equal to £X × (Y − Z) where–

(a) X is the sum which corresponds to a renewables obligation certificate by virtue of paragraph (4);

(b) Y is the number of renewables obligation certificates that the designated electricity supplier, if it makes no payment under paragraph (1), would have to produce to the Authority in order for it to discharge its renewables obligation for the relevant period in full; and

(c) Z is the number of renewables obligation certificates that it has actually produced to the Authority for that period (or, where it has not produced any at all, zero).

(3) Where a designated electricity supplier makes a payment to the Authority which is less than the amount calculated under paragraph (2), its renewables obligation for the relevant period will be discharged by that payment to the extent of the appropriate number of renewables obligation certificates, which is the quotient obtained by dividing the payment made by the sum which corresponds to a renewables obligation certificate by virtue of paragraph (4).

(4) The sum which corresponds to a renewables obligation certificate (“the buy-out price”) is–

(a) for the relevant period commencing on 1st April 2009, £37.19; and

(b) for each obligation period thereafter, the buy-out price for the previous obligation period increased or, as the case may be, decreased by the percentage increase or decrease in the retail prices index over the 12 month period ending on the 31st December in the previous obligation period (the resulting figure being rounded to the nearest penny, with any half of a penny being rounded upwards).

Late payments to discharge the renewables obligation

44

(1) Where a designated electricity supplier fails (in whole or in part) to discharge its renewables obligation for the relevant period before the 1st September in the settlement period, the Authority must notify it of the extent of its default as soon as is reasonably practicable on or after that date.

(2) The extent of the designated electricity supplier's default is an amount equal to the amount calculated under article 43(2) less any amount that the designated electricity supplier has actually paid to the Authority under article 43.

(3) Interest is payable on that amount (or, where all or part of it is paid to the Authority before the end of the late payment period, such part of that amount as remains unpaid) during the late payment period.

(4) That interest is to be calculated on a daily basis at 5 percentage points above the base rate charged by the Bank of England on the first day of the late payment period.

(5) Any payment made by a designated electricity supplier towards discharging its default under paragraph (2) will be applied first to any interest that is payable under paragraph (3).

(6) If, by the end of the late payment period, the designated electricity supplier has paid to the Authority under this article the amount referred to in paragraph (2) and all interest required to be paid on that amount under paragraph (3), it will be treated as having discharged its renewables obligation for the relevant period.

(7) The Authority must not, during the late payment period, impose a penalty under section 27A(1) of the Act on any supplier in respect of that supplier's failure to discharge its renewables obligation in full before the 1st September in the settlement period.

Dealing with the buy-out fund: payments into the Consolidated Fund and to the Northern Ireland authority

45

(1) Subject to paragraph (2), before the 1st November in the settlement period the Authority must pay–

(a) into the Consolidated Fund the proportion of the buy-out fund which is equal to the proportion which the GBRO costs bear to the total UK buy-out fund; and

(b) to the Northern Ireland authority the proportion of the buy-out fund which is equal to the proportion which the NIRO costs bear to the total UK buy-out fund.

(2) Where the aggregate of the amounts to be paid by the Authority under paragraph (1) would exceed the buy-out fund, before the 1st November of the settlement period the Authority must pay the buy-out fund into the Consolidated Fund and to the Northern Ireland authority in the same ratio as the GBRO costs bear to the NIRO costs.

(3) Where any amount to be paid under paragraph (1) or (2) is not a whole number when expressed in terms of pounds sterling, it is to be rounded down to the nearest pound sterling.

(4) Where the buy-out fund exceeds the aggregate of the amounts to be paid by the Authority under paragraph (1), the Authority must pay the balance of the buy-out fund to United Kingdom suppliers under and in accordance with article 47 by the 1st November in the settlement period.

Dealing with the late payment fund: payments into the Consolidated Fund and to the Northern Ireland authority

46

(1) Subject to paragraph (2), where the buy-out fund has been paid into the Consolidated Fund and to the Northern Ireland authority under article 45(2), before the 1st January in the settlement period the Authority must pay from the late payment fund–

(a) into the Consolidated Fund an amount which is equal to the difference between the amount that was paid into the Consolidated Fund under article 45(2) and the amount that would have been paid into it under article 45(1) had the aggregate of the amounts to be paid by the Authority under article 45(1) not exceeded the buy-out fund; and

(b) to the Northern Ireland authority an amount which is equal to the difference between the amount that was paid to it under article 45(2) and the amount that would have been paid to it under article 45(1) had the aggregate of the amounts to be paid by the Authority under article 45(1) not exceeded the buy-out fund.

(2) Where the aggregate of the amounts to be paid by the Authority under paragraph (1) would exceed the late payment fund, before the 1st January of the settlement period the Authority must pay the late payment fund into the Consolidated Fund and to the Northern Ireland authority in the same ratio as the GBRO costs bear to the NIRO costs.

(3) Where any amount to be paid under paragraph (1) or (2) is not a whole number when expressed in terms of pounds sterling, it is to be rounded down to the nearest pound sterling.

(4) Where, after any payments required to be made during the settlement period under paragraph (1) or (2) have been made, the Authority–

(a) holds more than £50,000 in the late payment fund, the Authority must pay the late payment fund to United Kingdom suppliers under and in accordance with article 47 by the 1st January in the settlement period;

(b) holds £50,000 or less in the late payment fund, the Authority must retain that money, which is to constitute part of the buy-out fund held in the obligation period immediately following the settlement period.

Dealing with the buy-out and late payment funds: payments to United Kingdom suppliers

47

(1) Each United Kingdom supplier must be paid a proportion of the amount (if any) that the Authority is required to pay to United Kingdom suppliers by virtue of article 45(4) or 46(4)(a) by the dates in the settlement period specified in those articles.

(2) The proportion referred to in paragraph (1) is A ÷ B where–

(a) A is the number of renewables obligation certificates presented by the United Kingdom supplier to the Authority or Northern Ireland authority in order to discharge (in whole or in part) any UK renewables obligation to which it was subject in the relevant period; and

(b) B is the total number of renewables obligation certificates presented by United Kingdom suppliers to the Authority and the Northern Ireland authority in order to discharge (in whole or in part) any UK renewables obligations to which they were subject in that period.

(3) Where any amount to be paid under this article is not a whole number when expressed in terms of pounds sterling, it is to be rounded down to the nearest pound sterling.

(4) Where by virtue of the operation of paragraph (3) the Authority continues to hold any sum which otherwise would have been paid out under this article that sum is to be retained by the Authority and is to constitute part of the buy-out fund held in the obligation period immediately following the settlement period.

Shortfall in the buy-out and late payment funds: the total mutualisation sum

48

(1) As soon as reasonably practicable after the 31st October in the settlement period, the Authority must–

(a) determine whether a shortfall (within the meaning of paragraph (2)) has occurred; and

(b) where such a shortfall has occurred and is a relevant shortfall (within the meaning of paragraph (3)), calculate the total sum to be recovered from relevant suppliers (“the total mutualisation sum”).

(2) A shortfall occurs in relation to the relevant period where the amount referred to in sub-paragraph (a) is less than the amount referred to in sub-paragraph (b) and is the difference between the two–

(a) the amount referred to in this sub-paragraph is the sum of–

(i) the amount held in the buy-out fund on 1st September in the settlement period; and

(ii) the amount held in the late payment fund on 31st October in that period (excluding from that amount any interest paid pursuant to article 44(3));

(b) the amount referred to in this sub-paragraph is what the amount referred to in sub-paragraph (a) would have been if, on 31st October in the settlement period, each designated electricity supplier which, at the end of the late payment period, has not (and is not treated as having) discharged its renewables obligation in full were to pay to the Authority the amount notified to it by the Authority under article 44(1).

(3) A shortfall in relation to a relevant period is a relevant shortfall if it is equal to, or in excess of, the mutualisation threshold for that period.

(3A) The mutualisation threshold for a relevant period is determined as 0.1% of A x B, rounded to the nearest £100,000 with £50,000 being rounded upwards, where—

(a) A is the total obligation for the relevant period determined under article 11,

(b) B is the buy-out price for the relevant period referred to in article 43(4).

(4) Subject to paragraphs (5) to (7), where a relevant shortfall has occurred in relation to the relevant period, the total mutualisation sum for that period is the amount of that shortfall.

(5) Where any non compliant United Kingdom supplier has produced renewables obligation certificates to the Authority or the Northern Ireland authority in order to discharge, in part, any UK renewables obligation to which it was subject in the relevant period, the total mutualisation sum for that period is equal to

$$R-(R×EF)$where–a R, subject to paragraphs (6) and (7), is the amount of the shortfall;b E is the number of renewables obligation certificates produced by non compliant United Kingdom suppliers to the Authority or the Northern Ireland authority in order to discharge, in part, any UK renewables obligation to which they were subject in the relevant period; andc F is the total number of renewables obligation certificates produced by United Kingdom suppliers to the Authority or to the Northern Ireland authority in order to discharge, in whole or in part, any UK renewables obligation to which they were subject in the relevant period.$

(6) If the total mutualisation sum for the relevant period has to be recalculated by virtue of article 50(5), for the purposes of that recalculation (whether under paragraph (4) or (5)) the amount of the shortfall is to be reduced by the sum of all payments mentioned in article 50(1)(b) received by United Kingdom suppliers.

(7) For the purposes of calculating or recalculating the total mutualisation sum for the relevant period, the amount (if any) by which the shortfall in relation to that period exceeds the mutualisation cap for that period is to be disregarded.

(8) The mutualisation cap for the relevant period depends on which obligation period constitutes the relevant period and is–

(a) for the relevant period commencing on 1st April 2009, £22,400,000; and

(b) for each obligation period thereafter, the mutualisation cap for the previous obligation period increased or, as the case may be, decreased by the percentage increase or decrease in the retail prices index over the 12 month period ending on the 31st December in the previous obligation period (the resulting figure being rounded to the nearest penny, with any half of a penny being rounded upwards).

Payments to be made by suppliers towards the total mutualisation sum

49

(1) Where a relevant shortfall has occurred in relation to the relevant period, as soon as reasonably practicable after the 31st October in the settlement period the Authority must notify each relevant supplier of–

(a) the amount of the shortfall;

(b) the total mutualisation sum; and

(2) Where the Authority notifies relevant suppliers under paragraph (1) it must publish a notice stating the amount of the shortfall in relation to the relevant period and the total mutualisation sum.

(3) Where a relevant shortfall has occurred in relation to the relevant period, each relevant supplier must make a payment to the Authority (a “supplier payment”).

(4) The supplier payment for each relevant supplier is equal to

$$T×CD$where–a T is the total mutualisation sum;b C is the number of renewables obligation certificates that the supplier, if it had made no payments under article 43 or 44, would have had to produce to the Authority in order for it to have discharged its renewables obligation for the relevant period in full;c D is the total number of renewables obligation certificates that all relevant suppliers, if none of them had made payments under articles 43 or 44 would have had to produce in order for each of them to discharge their renewables obligation for the relevant period in full.$

(5) Subject to article 50 each relevant supplier must make its supplier payment in the following instalments (“instalment payments”)–

(a) 25 per cent of the supplier payment required must be paid to the Authority before 1st September in the mutualisation period;

(b) 25 per cent of the supplier payment must be paid to the Authority before 1st December in that period;

(d) 25 per cent of the supplier payment must be paid to the Authority before 1st June immediately following that period.

(6) Where a person required to make a supplier payment–

(a) fails to make payment in full; and

(b) at any time during or after the end of the relevant period ceases to hold a licence to supply electricity under section 6(1) of the Act ,

sections 25 to 28 of the Act are to apply in respect of that person in respect of the obligations imposed by this article, as if that person still held a licence to supply electricity.

Circumstances in which payments towards the total mutualisation sum are to be re calculated

50

(1) This article and article 51 apply where–

(a) a relevant shortfall has occurred in relation to the relevant period; and

(b) a designated electricity supplier which failed to discharge its renewables obligation for the relevant period makes a payment to other United Kingdom suppliers which, if it had been made to the Authority under article 43 or 44, would have increased the amounts that those suppliers would have received under article 47 from the buy-out and late payment funds, that payment being designed to compensate those suppliers for that loss.

(2) A designated electricity supplier which makes a payment mentioned in paragraph (1)(b) must, immediately after making the payment, notify the Authority–

(a) of the United Kingdom suppliers to which the payment was made;

(b) how much each United Kingdom supplier received; and

(3) Any designated electricity supplier which receives a payment mentioned in paragraph (1)(b) must notify the Authority, immediately after receiving the payment, of the amount it received.

(4) Where a designated electricity supplier receives a payment from an electricity supplier supplying electricity in England and Wales in relation to the electricity supplier's failure to discharge in full any UK renewables obligation imposed on it by a renewables obligation order made by the Secretary of State, the designated electricity supplier must notify the Authority, immediately after receiving the payment, of the amount it received.

(5) Where, before 1st August in the obligation period immediately following the mutualisation period, the Authority receives a notification under paragraph (2) or (3), relevant suppliers shall cease to be required to make instalment payments in respect of dates specified in article 49(5) which have not yet passed and the Authority must, as soon as is reasonably practicable–

(a) recalculate the total mutualisation sum (in relation to the relevant period);

(b) recalculate the supplier payment (in relation to the relevant period) which each relevant supplier is required to make (to take account of the recalculated total mutualisation sum);

(d) notify each relevant supplier of–

(i) the recalculated total mutualisation sum;

(ii) its recalculated supplier payment; and

(iii) the payments (if any) the supplier is required to make under article 51; and

(e) publish a notice stating the amount of the shortfall in relation to the relevant period and the total mutualisation sum as recalculated.

Re-calculated payments to be made by suppliers towards the total mutualisation sum and repayments by the Authority

51

(1) Where the sum of instalment payments already made by a relevant supplier is less than its recalculated supplier payment, the supplier must pay the difference between the two (“the outstanding amount”)–

(a) where the only date mentioned in article 49(5) which has not yet passed is the final one, on that date;

(b) where two or more of the dates mentioned in article 49(5) have not yet passed, in instalments on those dates (each instalment being equal to the outstanding amount divided by the number of dates which have not yet passed).

(2) Where the sum of instalment payments already made by a relevant supplier is more than the supplier's recalculated supplier payment and the Authority has received instalment payments, but has not yet paid out the mutualisation fund under article 52, the Authority must repay to the supplier from the mutualisation fund the difference between the amount that the supplier has paid (together with any interest earned on that amount) and the supplier's recalculated supplier payment.

(3) Where the Authority is required to repay sums to relevant suppliers in accordance with paragraph (2) and the mutualisation fund is insufficient to enable the Authority to repay each relevant supplier in full, the Authority must pay each relevant supplier an amount equal to

$$G-(G×(J-H)J)$where–a G is the amount which the supplier would have received under paragraph (2) had the amount in the mutualisation fund been sufficient to enable the Authority to repay each relevant supplier in full;b H is the amount in the mutualisation fund; andc J is the sum of all payments that relevant suppliers would have received under paragraph (2) had the amount in the mutualisation fund been sufficient to enable the Authority to repay each relevant supplier in full.$

(4) Where any amount to be paid under paragraph (2) or (3) is not a whole number when expressed in terms of pounds sterling, it is to be rounded down to the nearest pound sterling.

(5) Where by virtue of the operation of paragraph (4) the Authority continues to hold any sum which otherwise would have been paid out under this article that sum is to be retained by the Authority and is to constitute part of the buy-out fund held in the obligation period immediately following the mutualisation period.

Payments to be made to suppliers out of the mutualisation fund

52

(1) The Authority must pay out the mutualisation fund to compliant United Kingdom suppliers in accordance with paragraphs (2) to (6).

(2) When there is money in it, the mutualisation fund is to be paid out by–

(a) 1st November in the mutualisation period;

(b) 1st February in that period;

(d) 1st August immediately following that period.

(3) On each occasion the mutualisation fund is paid out, each compliant United Kingdom supplier must be paid a proportion of the mutualisation fund.

(4) The proportion referred to in paragraph (3) is A ÷ B where–

(a) A is the number of renewables obligation certificates presented by the compliant United Kingdom supplier to the Authority or Northern Ireland authority in order to discharge (in whole or in part) any UK renewables obligation to which it was subject in the relevant period; and

(b) B is the total number of renewables obligation certificates presented by all compliant United Kingdom suppliers to the Authority or Northern Ireland authority in order to discharge (in whole or in part) any UK renewables obligation to which they were subject in that period.

(5) Where any amount to be paid under this article is not a whole number when expressed in terms of pounds sterling, it is to be rounded down to the nearest pound sterling.

(6) Where following the making of a payment to compliant United Kingdom suppliers the Authority continues, by virtue of the operation of paragraph (5), to hold any sum which otherwise would have been paid out under this article–

(a) the Authority must pay out that sum along with the next payment to be made under this article in respect of the relevant period; or

(b) where there are no further payments to be made under this article in respect of the relevant period that sum is to be retained by the Authority and is to constitute part of the buy-out fund held in the obligation period immediately following the mutualisation period.

PART 9 — Provision of information, functions of the Authority and modification of this Order in relation to microgenerators in certain circumstances

Provision of information to the Authority

53

(1) The Authority may, by the date (if any) specified by it, require–

(a) a designated electricity supplier to provide it with information which in its opinion is relevant to the question whether the supplier is discharging, or has discharged, its renewables obligation;

(b) a person to provide it with information which in its opinion is relevant to the question whether a SROC is, or was or will in future be, required to be issued to the person.

(2) Without prejudice to paragraph (1), the Authority may, by the date (if any) specified by it, require any person who–

(a) is the operator of a generating station generating electricity in respect of which a SROC has been or may be issued;

(b) supplies, distributes or transmits such electricity; or

to provide it with such information as in its opinion it requires in order to carry out any of its functions under this Order.

(3) Without prejudice to paragraphs (1) and (2), for the purposes of determining the RO eligible renewable output of a generating station in a month (“the relevant month”) the operator of the station must provide the Authority with figures showing–

(a) the total input electricity and the RO input electricity used by the station in the relevant month; and

(b) the total output electricity and the RO output electricity of the station in that month,

by the end of the second month following the relevant month (and those figures may be estimated if the Authority has agreed to estimates being provided and to the way in which those estimates are to be calculated).

(4) Nothing in paragraph (3) prevents the Authority from accepting figures, or further figures, provided after the end of the second month following the relevant month if the Authority considers it appropriate to do so.

(5) Without prejudice to paragraphs (1) and (2), each designated electricity supplier must provide the Authority with–

(a) estimates of the amount of electricity it has supplied to customers in Scotland during each month of an obligation period by no later than 1st June following that period;

(b) figures showing the amount of electricity it has actually supplied to customers in Scotland during each month of an obligation period by no later than 1st July following that period; and

(ba) estimates of the amount of EII excluded electricity it has supplied to customers in Scotland during each month of an obligation period—

(i) in respect of which article 12A applies; or

(ii) in respect of which a revised obligation level applies in accordance with article 12B(6) or (7),

by no later than 1st June following that period;

(bb) figures showing the amount of EII excluded electricity it has actually supplied to customers in Scotland during each month of an obligation period—

(i) in respect of which article 12A applies; or

(ii) in respect of which a revised obligation level applies in accordance with article 12B(6) or (7),

by no later than 1st July following that period;

(c) an estimate of the number of renewables obligation certificates it believes it would be required to produce to the Authority in order to discharge its renewables obligation for an obligation period if it did not discharge its renewables obligation for that period (in whole or in part) by some other means by no later than 1st July following that period.

(6) When giving the information referred to in paragraph (5)(a) and (b), a designated electricity supplier must have regard to any sales figures, relating to the electricity in respect of which it is giving that information, which it has provided (or intends to provide) to the Department of Energy and Climate Change for publication in “Energy Trends”.

(7) Without prejudice to paragraphs (1) and (2), for the purposes of determining whether a SROC certifying the matters within section 32B(5), (6) or (8) of the Act should be issued, the person to whom any such SROC would be issued must provide the Authority with–

(a) a figure representing the amount of electricity in respect of which SROCs should (in that person's opinion) be issued; and

(b) the data on which that person relied upon in arriving at that figure.

(8) Information requested under or required to be provided by this article must be given to the Authority in whatever form it requires.

(9) In this article “RO input electricity” and “RO output electricity”, in relation to a generating station, have the same meaning as they have in article 23A.

Information to be provided to the Authority where electricity is generated from biomass ...

54

(1) This article applies to a generating station—

(a) which generates electricity (wholly or partly) from biomass (other than municipal waste, landfill gas or sewage gas); and

(b) which is not a microgenerator.

(2) In relation to each consignment of biomass (other than municipal waste, landfill gas or sewage gas) used in a generating station to which this article applies, the operator of the station must, by the 30th June immediately following the obligation period during which the biomass is used (“the relevant date”), provide the Authority with—

(a) the information specified in paragraph (3);

(b) other than in the case of biomass which was gas formed by the anaerobic digestion of material which was—

(i) animal excreta; or

(ii) waste,

the information specified in paragraph (4); and

(i) was used in a generating station with a total installed capacity of at least one megawatt; or

(ii) was animal excreta, bioliquid or waste,

the information specified in paragraph (5).

(3) The information specified in this paragraph is information identifying, to the best of the operator's knowledge and belief—

(a) the material from which the biomass was composed;

(b) where the biomass was solid and can take different forms, the form of the biomass;

(d) where the biomass was plant matter or derived from plant matter, the country where the plant matter was grown; and

(e) where the information specified in sub-paragraph (d) is not known or the biomass was not plant matter or derived from plant matter, the country from which the operator obtained the biomass.

(4) The information specified in this paragraph is information identifying, to the best of the operator's knowledge and belief—

(a) where the biomass was solid, its mass (in tonnes);

(b) where the biomass was liquid, its volume (in litres) when measured at 25 degrees Celsius and 0.1 megapascals;

(d) where the biomass was an energy crop and was not a bioliquid—

(i) the type of energy crop in question; and

(ii) the use of the land on which the biomass was grown in the year before the land was first used to grow energy crops;...

(e) where the biomass was, or was derived from, wood and was not waste or bioliquid—

(i) the name of the forest or other location where that wood was grown;

(ii) a description of the forestry management practices or land management practices used in the forest or other location where that wood was grown;

(iii) where any of the wood was likely to be a protected or threatened species, the name of that species and the proportion of the biomass that is likely to be composed of, or derived from, that species;

(iv) the proportion of the biomass that was, or was derived from, a saw log, and the specification adopted by the operator in accordance with paragraph (6) for the purpose of determining the proportion of the biomass that was, or was derived from, a saw log; and

(v) the proportion of the biomass that was, or was derived from, hardwood and the proportion that was, or was derived from, softwood; and

(f) where the biomass was bioliquid used in a generating station on or after 1st January 2018, its energy content produced from each of the following categories of crop—

(i) starch-rich crops;

(ii) sugars;

(iii) oil crops;

(iv) any other crops grown as a main crop primarily for energy purposes on agricultural land.

(5) The information specified in this paragraph is information identifying, to the best of the operator's knowledge and belief—

(a) the greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity;

(b) where the biomass does not meet the greenhouse gas emission criteria, the main reasons why biomass meeting the greenhouse gas emission criteria was not used;

(d) where the biomass does not meet the land criteria, the main reasons why biomass meeting the land criteria was not used; and

(e) where any of the information specified in sub-paragraphs (a) and (c) is not known—

(i) the main reasons why that information is not known; and

(ii) the main reasons why biomass for which that information is known was not used.

(6) For the purposes of paragraph (4)(e)(iv), the operator of the generating station must adopt a specification which is identical to—

(a) a specification for determining whether wood is a saw log—

(i) used by the sawmill closest to where the wood was grown; or

(ii) issued by a body exercising functions of a public nature and issued for use by sawmills in the area in which the wood was grown; or

(b) the specification in the second column of Table 1 of Forestry Commission Field Book 9 (other than the parts of that specification relating to “log category” and “species” set out in the first and second rows of that table).

(7) For the purposes of paragraph (5)(a), the operator of the generating station must calculate the greenhouse gas emissions from the use of the biomass in accordance with paragraphs 3(a), 4 and 5 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass).

(8) Where, in relation to biomass used in a generating station to which this article applies, the operator of the station fails to provide the Authority with the information required by paragraph (2) by the relevant date, the Authority must, in relation to any SROCs to which the operator would otherwise be entitled, postpone the issue of those SROCs (up to the specified number) until such time as the information is provided.

(9) For the purposes of paragraph (8), the specified number is the number of SROCs which the Authority has or estimates that it has or, but for this article, it would have issued in respect of the electricity generated by the biomass in relation to which the information required by paragraph (2) should have been provided.

(10) In this article—

“Forestry Commission Field Book 9” means Forestry Commission Field Book 9, 2nd edition 1993, entitled “Classification and Presentation of Softwood Sawlogs”;

“protected or threatened species” means—a species listed in Appendices I, II or III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; ora species which is at risk of extinction; ...

“saw log” means wood which is suitable for processing at a sawmill; and

“starch-rich crops” includes—cereals (regardless of whether only the grains are used or the whole plant (such as in the case of green maize) is used);tubers and root crops (such as potatoes, Jerusalem artichokes, sweet potatoes, cassava and yams); andcorm crops (such as taro and cocoyam).

Provision of information to the Secretary of State

55

Any information provided to the Authority under article 53(5) must be provided to the Secretary of State at the same time.

Exchange of information with the Northern Ireland authority

56

(1) The Authority must, as soon as reasonably practicable after the specified day following an obligation period, notify the Northern Ireland authority of–

(a) the details of each Northern Ireland certificate produced to the Authority by a designated electricity supplier in discharge of that supplier's renewables obligation for that period and the name of the designated electricity supplier in question; and

(b) the total number of Northern Ireland certificates produced to the Authority in respect of that obligation period.

(2) The Authority must, as soon as reasonably practicable after receiving a notification from the Northern Ireland authority as to the SROC identifiers of SROCs produced to the Northern Ireland authority by Northern Ireland suppliers under any NIRO Order, inform the Northern Ireland authority of–

(a) the SROC identifier of any SROC so notified which the Authority has revoked under article 41 and whether it has issued a replacement SROC in respect of any such SROC (unless that replacement SROC has itself been revoked);

(b) the SROC identifier of any SROC so notified that has been produced to the Authority by a designated electricity supplier under article 5(2) and the date on which it was produced.

(3) The Authority must, as soon as reasonably practicable after the specified day following an obligation period, notify the Northern Ireland authority of the number of renewables obligation certificates produced to the Authority in respect of that period.

Functions of the Authority

57

(1) In addition to the functions assigned to it elsewhere in this Order, the Authority shall have the following specific functions–

(a) keeping, maintaining and making available to the public a list of generating stations granted preliminary accreditation in accordance with article 58 and accreditation in accordance with article 58ZZA, together with any applicable conditions attached to the preliminary accreditation or accreditation;

(b) keeping and maintaining a list of SROCs which have been revoked and making such list available to the public;

(c) calculating and publishing before the start of each obligation period (with the exception of the first obligation period to which this Order relates) the sum which corresponds to a SROC for that period by virtue of article 43(4);

(d) calculating and publishing before the start of each obligation period (with the exception of the first obligation period to which this Order relates) the amount which is the mutualisation cap for that period by virtue of article 48(8);

(da) calculating and publishing the mutualisation threshold (referred to in article 48(3A) for each obligation period—

(i) in the case of the obligation period beginning on 1 April 2023, as soon as reasonably practicable after the date on which the Renewables Obligation (Scotland) Amendment Order 2023 comes into force,

(ii) in the case of any subsequent obligation period, before the start of that obligation period;

(e) publishing from time to time during an obligation period the total SROC claim for that period;

(f) by the 1st April each year publishing a report in relation to the obligation period ending on the 31st March in the previous calendar year (“the relevant period”), such report to include details (or, in the case of paragraph (ix), a summary) of–

(i) the compliance of each designated electricity supplier with its renewables obligation, for the relevant period, including the extent to which that obligation was met by–

(aa) the production of renewables obligation certificates under article 5(2);

(bb) payments made under article 43; or

(cc) was treated as met by payments made under article 44;

(ii) the sums received by each United Kingdom supplier under article 47 in relation to the relevant period;

(iii) the number of SROCs issued by the Authority, the number of renewables obligation certificates accepted by it under article 5(2), and the number of SROCs issued by it but not yet deleted from the Register in relation to the relevant period;

(iv) the number of SROCs issued by the Authority in relation to the relevant period categorized by reference to the way in which the electricity in respect of which the SROCs were issued was generated;

(v) any notices published by the Authority under article 49(2) or article 50(5)(e) in relation to the relevant period;

(vi) any payments made to the Authority in accordance with article 49(5), during or in relation to the relevant period;

(vii) the sums received by each compliant United Kingdom supplier under article 52, during or in relation to the relevant period;

(viii) any recalculations carried out by the Authority in accordance with article 50(5), during or in relation to the relevant period;

(ix) the outcome of any enquiries or investigations conducted by the Authority pursuant to sub-paragraph (g) in relation to the relevant period; and

(x) any other matters which the Authority considers relevant in relation to the relevant period;

(g) monitoring compliance with this Order by designated electricity suppliers and operators of generating stations (including compliance by operators of generating stations with any conditions attached to their accreditation) and such monitoring may include conducting enquiries or investigations into–

(i) the amount of electricity generated from renewable sources by accredited generating stations;

(ii) the amount of such electricity supplied to customers in Great Britain;

(iii) the transfer and holding of SROCs (including the transfer and holding of SROCs issued to agents by virtue of article 35);

(iv) the effect of such matters on the making and allocation of payments under articles 43, 44, 47, 49, 51 and 52; and

(v) the effect of the renewables obligation on the activities and operations of designated electricity suppliers and operators of generating stations;

(h) publishing at its discretion reports of enquiries or investigations conducted by the Authority pursuant to sub-paragraph (g); and

(i) the provision of such information to the Northern Ireland authority as the Authority considers may be relevant to the exercise of the Northern Ireland authority's functions under any NIRO Order.

(1A) The Authority must, as soon as reasonably practicable after each obligation period, forward to the Scottish Ministers a summary of the sustainability information submitted to it during that period.

(2) In this article “total SROC claim” means the total number of SROCs which have been claimed in respect of an obligation period, less–

(a) the number of SROCs which have been issued in respect of that obligation period; and

(b) the number of SROCs which the Authority has, in respect of that obligation period, decided not to issue or refused to issue under article 41 ....

Preliminary accreditation and accreditation of generating stations

58

(1) Subject to paragraph (2), where a generating station in respect of which—

(a) consent under section 36 of the Act has been obtained;

(b) planning permission under the Town and Country Planning (Scotland) Act 1997 has been granted;

(c) in the case of an offshore generating station, a marine licence under Part 4 of the Marine (Scotland) Act 2010 has been granted where consent under section 36 of the Act is not required,

is not yet commissioned, the Authority may, upon the application of the person who proposes to construct or operate the generating station, grant the station preliminary accreditation.

(2) The Authority must not grant preliminary accreditation to a generating station under this article—

(a) if, in the Authority’s opinion, the station is unlikely to generate electricity in respect of which SROCs may be issued;

(b) if a CFD has been made at any time in relation to the generation of electricity by the station; or

(c) subject to paragraph (3), if an investment contract has been made at any time in relation to the generation of electricity by the station.

(3) Paragraph (2)(c) does not apply if the application for a preliminary accreditation is accompanied by a declaration made in writing by the person who proposes to construct or operate the generating station that the investment contract has been terminated or has otherwise ceased to have effect by reason of a permitted termination event.

(4) In paragraph (3), “permitted termination event” means—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) an amendment to the investment contract that is made, or proposed, by the Secretary of State in the light of any standard terms issued under section 11 of the Energy Act 2013.

(5) In this article, references to a person who proposes to construct a generating station include a person who arranges for the construction of the generating station.

SROC Register

59

(1) The Authority must establish and maintain a register of SROCs (“the Register”) in accordance with Schedule 4, which shall have effect.

(2) A SROC is issued for the purpose of this Order at the point at which its particulars (within the meaning of Schedule 4) are entered in the Register by the Authority.

(3) Without prejudice to the foregoing provisions of this article and Schedule 4, the Authority must ensure that the Register contains, by way of entries made in it–

(a) an accurate record of the particulars of each SROC which is issued by the Authority (including the person who is for the time being its registered holder) and which remains eligible to be produced to the Authority; and

(b) a list of the names of all persons who either are the registered holder of a SROC or, although not at that time the registered holder of a SROC, have notified the Authority that they wish an entry to be made and maintained in respect of them as prospective registered holders of SROCs.

(4) Only the registered holder of a SROC may produce that SROC to the Authority under article 5.

Modification of this Order in relation to microgenerators in certain circumstances

60

(1) This article applies to generating stations which are microgenerators.

(2) The operator of a generating station to which this article applies or, where SROCs relating to generating stations to which this article applies are to be issued to an agent by virtue of article 35, that agent (and not the operators of the generating stations in question) may–

(a) where SROCs have not yet been issued in respect of any electricity generated during the course of an obligation period by the station or stations in question, during the course of that obligation period; or

(b) in any other case, not less than one month before the beginning of an obligation period (“the relevant obligation period”),

give notice in writing to the Authority that entitlement to SROCs in respect of electricity generated by the station or stations in question is to be determined on the basis set out in the remainder of this article.

(3) Paragraph (4) applies–

(a) where an operator or, as the case may be, agent has given notice as specified in paragraph (2)(a), for the remainder of the obligation period during which the notice was given and subsequent obligation periods; and

(b) where an operator or, as the case may be, agent has given notice as specified in paragraph (2)(b), for the relevant obligation period and subsequent obligation periods.

(4) Where this paragraph applies, the reference to “a month” in each place where it occurs in articles 17AB, ... 22, 23A, 24, 25, 36, 39, 41, 53 and Schedule 4 is to be taken to be a reference to “an obligation period”, subject to the following exceptions–

(a) in articles 24(2)(b) and 53(3) the reference to “the second month” is to remain unchanged;

(b) in paragraph 3(b)(i) of Schedule 4 the words “the month and year” is to be replaced by “the obligation period”.

(5) An operator or, as the case may be, agent who has given notice under paragraph (2) may–

(a) if notice was given under paragraph (2)(a), not less than one month before the beginning of any obligation period following the obligation period during which the notice was given; or

(b) if notice was given under paragraph (2)(b), not less than one month before the beginning of any obligation period following the relevant obligation period,

by notice in writing to the Authority, withdraw the notice given under paragraph (2).

(6) Where an operator or, as the case may be, agent withdraws a notice given under paragraph (2), that notice ceases to have effect from the beginning of the obligation period in relation to which the notice under paragraph (5) was given.

Revocation, transitional and savings

61

(1) Subject to paragraphs (2) to (4), the following Orders are revoked–

(a) the 2007 Order; and

(b) the Renewables Obligation (Scotland) Amendment Order 2008 .

(2) The 2007 Order is to continue to apply in relation to–

(a) the issue and revocation of SROCs under it in respect of electricity generated before 1st April 2009, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation;

(b) any obligations or requirements imposed by it on an electricity supplier, an operator of a generating station or some other person in respect of the obligation period ending on 31st March 2009, and anything which falls to be done or determined (whether by the supplier, the generator or some other person) in relation to any such obligations and requirements; and

(c) any obligations and functions of the Authority in respect of that obligation period, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to it.

(3) Without prejudice to the generality of the foregoing–

(a) article 35 of the 2007 Order is to continue to apply so as to enable the Authority to request information in respect of electricity generated in the obligation period ending on 31st March 2009;

(b) Schedule 1 to the 2007 Order is to continue to apply in relation to that obligation period.

(4) For the purpose of article 13(2)–

(a) SROCs issued under the 2007 Order in respect of electricity supplied in the obligation period ending on 31st March 2009; and

(b) certificates issued under the Renewables Obligation Order 2006 or the Renewables Obligation Order (Northern Ireland) 2007 in respect of electricity supplied in the period corresponding to that obligation period,

may be produced to the Authority by a designated electricity supplier in discharge of up to 25 per cent of its renewables obligation in respect of the obligation period ending on 31st March 2010.

(5) In this article, “obligation period” (except the reference to the obligation period ending on 31st March 2010 in paragraph (4)) and “SROCs” have the same meaning as in the 2007 Order.

SCHEDULE 1 — CALCULATION OF THE SROC OBLIGATION

Obligation period	Number of SROCs per megawatt hour of electricity supplied in Great Britain	Number of SROCs per megawatt hour of electricity supplied in Northern Ireland
1st April 2009 to 31st March 2010	0.097	0.035
1st April 2010 to 31st March 2011	0.104	0.040
1st April 2011 to 31st March 2012	0.114	0.050
1st April 2012 to 31st March 2013	0.124	0.063
1st April 2013 to 31st March 2014	0.134	0.063
1st April 2014 to 31st March 2015	0.144	0.063
1st April 2015 to 31st March 2016	0.154	0.063
Each subsequent period of twelve months ending with the period of twelve months ending on 31st March 2037	0.154	0.063

SCHEDULE 2 — ELECTRICITY TO BE STATED IN SROCs

PART 1 — INTERPRETATION

1

(1) In this Schedule–

“2009/11 dedicated biomass generating station” means a generating station which has, in any month after March 2009 and before November 2011, generated electricity—only from biomass; andin respect of which SROCs were issued for all or part of the electricity so generated during that month;

“AD” means electricity generated from gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill;

“advanced gasification/pyrolysis” means electricity generated from an advanced fuel which—in the case of a gaseous fuel, has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least 4 megajoules per metre cubed; andin the case of a liquid fuel, has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least 10 megajoules per kilogram;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“building mounted solar PV” means electricity generated from the direct conversion of sunlight into electricity by equipment not installed on the ground either—directly; oron a frame, plinth or other structure installed—on the ground; andwholly or mainly for the purpose of supporting that equipment;

“closed landfill gas” means electricity generated—from landfill gas (other than electricity generated using the heat from a turbine or engine); andin a month in which the generating station generates electricity only from gas formed by the digestion of material in a landfill which has finally ceased to accept waste for disposal;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“co-firing of regular bioliquid” means electricity generated from regular bioliquid burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month; andthe generating station generates electricity partly from fossil fuel and partly from renewable sources;

“co-firing of regular bioliquid with CHP” means electricity generated from regular bioliquid burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;the generating station generates electricity partly from fossil fuel and partly from renewable sources; andthe fossil fuel and regular bioliquid have been burned in separate combustionunits;

“dedicated biomass” means electricity generated from regular biomass by a generating station—which is not a relevant fossil fuel generating station; andin a month in which it generates electricity only from biomass;

“dedicated biomass with CHP” means electricity generated from regular biomass by a qualifying combined heat and power generating station—which is not a relevant fossil fuel generating station; andin a month in which it generates electricity only from biomass;

“dedicated energy crops” means electricity generated from energy crops by a generating station—which is not a relevant fossil fuel generating station; andin a month in which the generating station generates electricity only from energy crops or only from biomass;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“electricity generated from landfill gas” means electricity generated from gas formed by the digestion of material in a landfill;

“electricity generated from sewage gas” means electricity generated from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed);

“energy from waste with CHP” means electricity generated from the combustion of waste (other than an advanced fuel or a fuel produced by means of anaerobic digestion...) in a qualifying combined heat and power generating station in a month in which the station generates electricity only from renewable sources and those renewable sources include waste which is not biomass;

“enhanced tidal stream” means electricity generated from the capture of the energy created from the motion of naturally occurring tidal currents in water, where such electricity is not generated by devices built with or maintained by capital or revenue funding under a statutory grant programme operated by the Scottish Ministers or the Secretary of State in respect of which a statutory grant was awarded on or before 19th September 2008;

“enhanced wave” means electricity generated from the motion of naturally occurring waves on water, where such electricity is not generated by devices built with or maintained by capital or revenue funding under a statutory grant programme operated by the Scottish Ministers or the Secretary of State in respect of which a statutory grant was awarded on or before 19th September 2008;

“geopressure” means electricity generated using naturally occurring subterranean pressure;

“geothermal” means electricity generated using naturally occurring subterranean heat;

“ground mounted solar PV” means electricity generated from the direct conversion of sunlight into electricity by equipment installed on the ground either—directly; oron a frame, plinth or other structure installed—on the ground; andwholly or mainly for the purpose of supporting that equipment;

“high-range co-firing” means electricity generated from energy crops or regular solid or gaseous biomass burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 85 per cent but is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month; andthe generating station generates electricity partly from fossil fuel and partly from renewable sources;

“high-range co-firing with CHP” means—electricity generated from regular solid or gaseous biomass burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 85 per cent but is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;the generating station generates electricity partly from fossil fuel and partly from renewable sources; andthe fossil fuel and regular solid or gaseous biomass have been burned in separate combustion units;electricity generated from energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 85 per cent but is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;the generating station generates electricity partly from fossil fuel and partly from renewable sources; andthe fossil fuel and energy crops have been burned in separate combustion units;

“hydroelectric” means electricity generated by a hydro generating station;

“landfill gas heat recovery” means electricity generated using the heat from a turbine or engine, where the turbine or engine is generating electricity from landfill gas;

“low-range co-firing” means electricity generated from energy crops or regular solid or gaseous biomass burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 50 per cent of the energy content of all of the energy sources burned in that combustion unit during that month; andthe generating station generates electricity partly from fossil fuel and partly from renewable sources;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.