Legalize / United Kingdom / Statutory-Instrument

The Renewables Obligation Order 2015

Type Statutory-Instrument

Publication 2015-11-26

Last updated 2025-12-15

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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articles 9

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(i) from fuel,

(ii) using RO capacity, and

(iii) for a sustained period without causing damage to the station (assuming the fuel used by the station to generate electricity was available to it without interruption);

(d) E is the energy content of the mixed gas used in generating the station's RO output electricity during that month less the energy content of any fossil fuel from which the mixed gas is in part composed;

(e) F is the energy content of all of the renewable sources used in generating the station's RO output electricity during that month less the energy content of any fossil fuel from which those renewable sources are in part composed;

(f) G is the dry mass of—

(i) any renewable waste (other than sewage), and

(ii) any biomass (other than sewage or renewable waste),

from which the mixed gas used in generating the station's RO output electricity during that month is formed, less the dry mass of any digestible fossil fuel from which that waste or biomass is in part composed;

(g) H is the dry mass of all of the material from which the mixed gas used in generating the station's RO output electricity during that month is formed, less the dry mass of any digestible fossil fuel from which that material is in part composed;

(h) I is the dry mass of the sewage from which the mixed gas used in generating the station's RO output electricity during that month is formed; and

(i) J is the energy content of the renewable sources used in generating the station's RO output electricity in the way in question during that month less the energy content of any fossil fuel from which those renewable sources are in part composed.

(5) For the purposes of paragraphs (3) and (4)(c), electricity generated in the way described as “landfill gas heat recovery” in Schedule 5 is to be regarded as not generated from fuel.

(6) In this article—

“dry mass”, in relation to a fuel, means the mass of the fuel when any water present in it has been removed; and

“mixed gas” means gas formed by the anaerobic digestion of sewage together with—renewable waste (other than sewage), orbiomass (other than sewage).

The amount of electricity to be stated in each ROC

33

(1) Each ROC is to state the amount of electricity in respect of which it has been issued.

(2) Subject to articles 34 to 41, the amount of electricity to be stated in each ROC is to be determined in accordance with paragraphs (3) to (8).

(3) Each ROC to be issued in respect of electricity generated—

(a) using pre-2013 capacity, and

(b) in a way described in the first column of Part 2 of Schedule 5,

must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule.

(4) Each ROC to be issued in respect of electricity generated—

(a) using 2013/14 capacity, and

(b) in a way described in the first column of Part 3 of Schedule 5,

must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule.

(5) Each ROC to be issued in respect of electricity generated—

(a) using 2014/15 capacity, and

(b) in a way described in the first column of Part 3 of Schedule 5,

must state the amount of electricity which corresponds to that description in the third column of that Part of that Schedule.

(6) Each ROC to be issued in respect of electricity generated—

(a) using 2015/16 capacity, and

(b) in a way described in the first column of Part 3 of Schedule 5,

must state the amount of electricity which corresponds to that description in the fourth column of that Part of that Schedule.

(7) Each ROC to be issued in respect of electricity generated—

(a) using post-2016 capacity, and

(b) in a way described in the first column of Part 3 of Schedule 5,

must state the amount of electricity which corresponds to that description in the fifth column of that Part of that Schedule.

(8) The amount of electricity to be stated in each ROC to be issued in respect of electricity generated in a way which is not described in the first column of Part 2 of Schedule 5 is 1 megawatt hour.

Microgenerators

34

(1) This article applies to a generating station which—

(a) is a microgenerator, and

(b) has not had a declared net capacity in excess of 50 kilowatts at any time after 31st March 2009.

(2) Each ROC to be issued in respect of electricity generated—

(a) by a generating station to which this article applies, and

(b) using a category of generating capacity described in the first column of Part 4 of Schedule 5,

must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule.

(3) This article is subject to article 41.

Electricity generated by qualifying CHP stations

35

(1) This article applies to electricity (“relevant electricity”)—

(a) which is generated by a qualifying CHP station in a way described in the first column of Part 5 of Schedule 5,

(b) to which article 36 does not apply, and

(2) Subject to paragraphs (3) to (6), the amount of electricity to be stated in each ROC issued in respect of relevant electricity is to be determined in accordance with article 33(3) to (7).

(3) Where relevant electricity is generated using pre-2013 capacity, the amount of electricity to be stated in each ROC is—

(a) in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 5 of Schedule 5 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; and

(b) in respect of the remainder of that electricity, the amount of electricity in the third column of Part 5 of Schedule 5 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.

(3A) But paragraph (3) does not apply in the case of relevant electricity generated using pre-2013 capacity by a relevant qualifying CHP station unless a declaration has been made in accordance with paragraph (7) in respect of the pre-2013 capacity of the station.

(3B) In paragraph (3A), “relevant qualifying CHP station” means a qualifying CHP station that—

(a) was accredited on or before 31st March 2013; and

(b) became a qualifying CHP station for the first time on or after the date on which the Renewables Obligation (Amendment) Order 2018 comes into force.

(4) Where a declaration has been made in accordance with paragraph (7) in respect of the 2013/15 capacity of a station, and relevant electricity is generated by that station using 2013/15 capacity, the amount of electricity to be stated in each ROC is—

(a) in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 5 of Schedule 5 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; and

(b) in respect of the remainder of that electricity, the amount of electricity in the third column of Part 5 of Schedule 5 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.

(5) Where a declaration has been made in accordance with paragraph (7) in respect of the 2015/16 capacity of a station, and relevant electricity is generated by that station using 2015/16 capacity, the amount of electricity to be stated in each ROC is—

(a) in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 6 of Schedule 5 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; and

(b) in respect of the remainder of that electricity, the amount of electricity in the third column of Part 6 of Schedule 5 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.

(6) Where a declaration has been made in accordance with paragraph (7) in respect of the post-2016 capacity of a station, and relevant electricity is generated by that station using post-2016 capacity, the amount of electricity to be stated in each ROC is—

(a) in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 7 of Schedule 5 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule; and

(b) in respect of the remainder of that electricity, the amount of electricity in the third column of Part 7 of Schedule 5 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.

(7) A declaration is made in accordance with this paragraph if it meets the following conditions—

(a) it is made by the operator of the generating station to the Authority in writing;

(b) it is made in respect of the pre-2013 capacity, 2013/15 capacity, 2015/16 capacity or post-2016 capacity of the station;

(ba) in the case of a declaration made in respect of the pre-2013 capacity of the station, it confirms that—

(i) pre-2013 capacity forms part of the total installed capacity of the station, and

(ii) support has not been given under any relevant scheme for heat produced by the use of that generating capacity;

(i) 2013/15 capacity forms part of the total installed capacity of the station, and

(ii) support has not been given under any relevant scheme for heat produced by the use of that generating capacity;

(d) in the case of a declaration made in respect of the 2015/16 capacity of the station, it confirms that—

(i) 2015/16 capacity forms part of the total installed capacity of the station, and

(ii) none of the heat produced by the use of the 2015/16 capacity is eligible for support under a relevant scheme for reasons that include one or both of the following—

(aa) the way in which the station generates electricity,

(bb) the bioliquid, biomass or energy crops used by the station to generate electricity;

(e) in the case of a declaration made in respect of the post-2016 capacity of the station, it confirms that—

(i) post-2016 capacity forms part of the total installed capacity of the station, and

(ii) none of the heat produced by the use of the post-2016 capacity is eligible for support under a relevant scheme for reasons that include one or both of the following—

(aa) the way in which the station generates electricity,

(bb) the bioliquid, biomass or energy crops used by the station to generate electricity; and

(f) it states that, for so long as the station generates electricity in respect of which ROCs may be issued, the operator of the station will not claim support under any relevant scheme for heat produced by the station using the category of generating capacity in respect of which the declaration is made.

(8) A declaration made in accordance with paragraph (7) cannot be withdrawn.

(9) In this article, “relevant scheme” means a scheme established by the Secretary of State in exercise of the power in section 100(1)(a) of the Energy Act 2008 .

(10) This article is subject to article 41.

Low-range co-firing of relevant energy crops

36

(1) This article applies to electricity which is generated—

(a) before 1st April 2019,

(b) by a generating station to which article 34 does not apply, and

(i) the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month, and

(ii) the generating station generates electricity partly from fossil fuel and partly from renewable sources.

(2) Subject to paragraph (4), the amount of electricity to be stated in each ROC issued in respect of electricity to which this article applies is 1 megawatt hour.

(3) Paragraph (4) applies where electricity to which this article applies is generated—

(a) by a qualifying CHP station,

(b) in a month in which the fossil fuel used by the station to generate electricity has been burned in a separate combustion unit from the relevant energy crops used by the station to generate electricity, and

(i) pre-2013 capacity, or

(ii) 2013/15 capacity, 2015/16 capacity or post-2016 capacity in respect of which a declaration has been made in accordance with article 35(7).

(4) Where this paragraph applies, the amount of the electricity to be stated in each ROC is—

(a) in respect of the qualifying proportion of the electricity,

(b) in respect of the remainder of the electricity, 1 megawatt hour.

(5) Paragraphs (a), (b) and (d) of paragraph 1(2) of Part 1 of Schedule 5 apply for the purposes of this article as they apply for the purposes of that Schedule.

(6) In this article, “relevant energy crops” means energy crops which are supplied to the operator of a generating station in accordance with an agreement made—

(a) in writing,

(b) before 7th September 2012, and

(c) between the owner or operator of the generating station and a person who is not connected to the owner or operator of the station within the meaning of section 1122 of the Corporation Tax Act 2010 .

(7) This article is subject to article 41.

Generating stations which were accredited as at 11th July 2006

37

(1) This article applies to electricity which is—

(a) generated by a generating station—

(i) which was accredited as at 11th July 2006,

(ii) which has not ceased to be accredited since that date, and

(iii) to which article 34 does not apply;

(b) generated using pre-2013 capacity, and

(i) from landfill gas,

(ii) from sewage gas,

(iii) in the way described as “offshore wind” in Schedule 5,

(iv) in the way described as “solar photovoltaic” in Schedule 5, or

(v) in the way described as “wave” in Schedule 5.

(2) Subject to paragraphs (3) to (5), the amount of electricity to be stated in each ROC issued in respect of electricity to which this article applies is 1 megawatt hour.

(3) Where, at the time it generates the electricity, the generating station's total installed capacity is greater than it was on 11th July 2006, paragraph (2) applies only in relation to ROCs which are to be issued in respect of—

(a) where electricity generated using the total installed capacity of the station as at 11th July 2006 (“the July 2006 capacity”) is measured separately from electricity generated using capacity which has been added to the station since that date (“additional capacity”), the electricity to which this article applies which is generated using the station's July 2006 capacity;

(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 11th July 2006 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).

(4) In relation to the remainder of the electricity to which this article applies, the amount of electricity to be stated in each ROC is to be determined in accordance with article 33(3) except to the extent that it is electricity which is generated—

(a) using additional capacity which was operational before 1st April 2011 (“relevant additional capacity”); and

(b) from landfill gas or from sewage gas.

(5) Where the electricity to which this article applies is generated from landfill gas or from sewage gas using relevant additional capacity, the amount of electricity to be stated in each ROC which is to be issued in respect of that electricity is 1 megawatt hour.

(6) In paragraphs (4) and (5), the reference to electricity generated using additional capacity is a reference to—

(a) where electricity generated using relevant additional capacity is measured separately from electricity generated otherwise than by using such capacity, the electricity which is generated using that capacity;

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

(7) This article is subject to article 41.

Landfill gas and sewage gas generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009

38

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

(a) by a generating station—

(i) which was accredited as at 31st March 2009, and

(ii) which has not ceased to be accredited since that date,

(b) from landfill gas or sewage gas, and

(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, and

(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,

(b) from landfill gas or sewage gas, and

(3) This article does not apply to electricity—

(a) which is generated by a generating station to which article 34 applies, or

(b) to which article 37 applies.

(4) Subject to paragraph (5), the amount of electricity to be stated in each ROC issued in respect of electricity to which this article applies is 1 megawatt hour.

(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 ROCs 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 March 2011 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 March 2011 capacity;

(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 ROC is to be determined in accordance with article 33(3).

(7) This article is subject to article 41.

Offshore wind turbines installed between 2006 and 2010

39

(1) This article applies to electricity which is generated using an offshore wind turbine which, in the Authority's view, first formed part of the generating station from a date no earlier than 12th July 2006 and no later than 31st March 2010 (“a 2006/10 wind turbine”).

(2) The amount of electricity to be stated in each ROC issued in respect of electricity to which this article applies is

(3) In any month in which the electricity to which this article applies is not measured separately from any other electricity generated by the generating station, the percentage of the electricity generated by the station during that month which is to be treated (for the purposes of paragraph (2)) as having been generated using a 2006/10 wind turbine, is the appropriate percentage.

(4) For the purposes of paragraph (3), the appropriate percentage is the total installed capacity of the 2006/10 turbines forming part of the generating station as at the date of generation of the electricity expressed as a percentage of the total installed capacity of the station at that date.

(5) This article is subject to article 41.

Wave and tidal stream generating stations

40

(1) This article applies to electricity which is generated—

(a) using 2012/17 marine capacity, and

(b) by a generating station to which article 34 does not apply.

(2) Where the total installed capacity of the 2012/17 marine capacity of the generating station does not exceed 30 megawatts as at the date of the generation of the electricity, the amount of electricity to be stated in each ROC issued in respect of electricity to which this article applies is

(3) Where the total installed capacity of the 2012/17 marine capacity of the generating station exceeds 30 megawatts as at the date of the generation of the electricity, the amount of electricity to be stated in each ROC is—

(a) in the case of a ROC issued in respect of the relevant proportion of the electricity to which this article applies,

(b) in the case of a ROC issued in respect of the remainder of the electricity to which this article applies, an amount to be determined in accordance with article 33(3) to (7).

(4) In any month where 2012/17 marine capacity forms part, but not the whole, of the total installed capacity of a generating station, the proportion of the station's RO eligible renewable output which, for the purposes of paragraphs (2) and (3), is generated using 2012/17 marine capacity is

(5) In paragraph (4)—

(a) A is the total installed capacity of the 2012/17 marine capacity in the month in question; and

(b) B is the total installed capacity of the station in the month in question.

(6) In this article—

“2012/17 marine capacity”, in relation to a generating station, means any capacity which—generates electricity from the capture of the energy created from—the motion of naturally occurring tidal currents in water, orthe motion of naturally occurring waves on water,in the Authority's view, first formed part of the station from a date no earlier than 1st April 2012 and no later than 31st March 2017,has, on or before 31st March 2017, generated electricity in respect of which ROCs may be issued, andin the case of a station accredited on or before 31st March 2012, does not form part of the capacity of the station as accredited; and

“the relevant proportion”, in relation to electricity generated using the 2012/17 marine capacity of a generating station, is the proportion which 30 megawatts bears to the total installed capacity of the 2012/17 marine capacity as at the date of generation of the electricity.

(7) This article is subject to article 41.

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

41

(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).

(2) The operation of articles 33 to 40 in relation to electricity generated by a generating station to which this article applies is conditional upon—

(a) if the grant referred to in paragraph (1)(a) or any part of it has been paid, an operator of the station—

(i) having repaid to the Secretary of State on or before 31st March 2011 so much of the grant as has been paid, and

(ii) having paid to the Secretary of State interest on the amount repayable under paragraph (i) for such period, and at such rate, as may be determined by the Secretary of State, and

(b) if the grant referred to in paragraph (1)(a) or any part of it has not yet been paid, the cancellation of the award of that grant or part.

(3) Where a generating station to which this article applies generates electricity at a time when the operator of the station has not produced to the Authority evidence of—

(a) the repayment of all amounts due under paragraph (2)(a)(i),

(b) the payment of all amounts of interest due under paragraph (2)(b)(ii), and

(c) the cancellation of the award of the grant referred to in paragraph (1)(a) or the cancellation of the award of any part of that grant that has not yet been paid,

the amount of electricity to be stated in each ROC issued in respect of that electricity is 1 megawatt hour or the amount determined in accordance with any of articles 33 to 36, 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

42

(1) For the purposes of section 32D(7) and (8) of the Act, the Secretary of State may commence a review of the banding provisions in October 2018 and at subsequent four yearly intervals.

(2) For those purposes the Secretary of State 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 Secretary of State 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 Secretary of State 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 3 of Schedule 5;

(d) there has been a change, since the Secretary of State 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 3 of Schedule 5 are significantly different from the costs of generating electricity in that way to which the Secretary of State had regard when making the banding provisions;

(f) there is evidence over a significant period that the provisions of article 14(3) and (4) are having a material effect on trade in ROCs referred to in article 14(3);

(g) in an obligation period the number of ROCs issued by, produced to or likely to be produced to the Authority exceeds or is likely to exceed the total number of ROCs 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 Secretary of State when making the banding provisions, and

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

(3) In this article—

“banding provision” means a provision of articles 33 to 40, and

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

PART 7 — Cases and circumstances when a ROC must not be issued

Generating stations not compliant with accreditation or metering requirements

43

(1) ROCs are not to be issued in respect of any electricity generated by a generating station during a month in which the station—

(a) is not accredited, or

(b) any conditions to which the accreditation is subject are not met.

(2) ROCs are not to be issued in respect of any electricity generated by a generating station unless—

(a) the electricity is 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, or

(b) the Authority has agreed that estimates may be provided instead of measurements using a meter.

Maximum period of eligibility for ROCs

44

(1) Subject to paragraph (3), in the case of a generating station first accredited on or before 25th June 2008, ROCs are not to be issued in respect of any electricity generated by the station—

(a) using original capacity or mid-2008 additional capacity, after 31st March 2027,

(b) using additional capacity (other than mid-2008 additional capacity), on or after the 20th anniversary of the date on which, in the Authority's view, that additional capacity first formed part of the station or 31st March 2037 (whichever is the earlier).

(2) Subject to paragraph (3), in the case of a generating station first accredited after 25th June 2008, ROCs are not to be issued in respect of any electricity generated by the station—

(a) using original capacity, on or after the 20th anniversary of the date on which the station was first accredited or 31st March 2037 (whichever is the earlier),

(b) using additional capacity, on or after the 20th anniversary of the date on which, in the Authority's view, that additional capacity first formed part of the station or 31st March 2037 (whichever is the earlier).

(3) Paragraphs (1) and (2) do not apply in relation to the issue of ROCs in respect of the generation of electricity using a registered offshore wind turbine.

(4) ROCs are not to be issued in respect of any electricity generated using a registered offshore wind turbine, on or after the 20th anniversary of the date on which that wind turbine was registered under article 91 or 31st March 2037 (whichever is the earlier).

(5) In this article—

“additional capacity” means generating capacity which—forms part of an accredited generating station, anddoes not form part of the original capacity of that generating station;

“mid-2008 additional capacity” means additional capacity which formed part of a generating station on or before 25th June 2008; and

“registered offshore wind turbine” means a wind turbine which is registered under article 91.

Generating stations using excluded capacity to generate electricity

45

(1) This article applies to a generating station where excluded capacity forms all or part of the total installed capacity of the station.

(2) ROCs are not to be issued in respect of any electricity generated in any month by a generating station to which this article applies unless during that month—

(a) all of the electricity generated by the station using the excluded capacity is measured separately from any electricity generated by the station using RO capacity, or

(b) all of the electricity generated by the station using RO capacity is measured separately from any electricity generated by the station using the excluded capacity.

(3) ROCs are not to be issued in respect of any electricity generated using excluded capacity.

(4) In this article, “excluded capacity” means—

(a) generating capacity which—

(i) in the Authority's view formed part of a generating station from a date no earlier than 1st April 2014,

(ii) does not form part of the original capacity of the station,

(iii) is not registered under article 92, and

(iv) is not an offshore wind turbine;

(b) an offshore wind turbine which—

(i) forms part of a generating station accredited on or before 31st March 2011,

(ii) does not form part of the original capacity of the station,

(iii) was not used to generate electricity before 1st April 2011, and

(iv) is not registered under article 91;

(i) forms part of a generating station first accredited after 31st March 2011, and

(ii) is not registered under article 91;

(d) a combustion unit in relation to which a capacity market transfer notice (within the meaning of article 48(3)) has come into force; or

(e) a combustion unit in relation to which a CFD transfer notice (within the meaning of article 50(3))—

(i) has come into force, ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of paragraph (4)—

(a) the date on which a capacity market transfer notice comes into force is to be determined in accordance with article 48(6), and

(b) the date on which a CFD transfer notice comes into force is to be determined in accordance with article 50(7).

Generating stations located outside England and Wales

46

(1) ROCs are not to be issued in respect of any electricity generated by a generating station located in Scotland.

(2) ROCs are not to be issued in respect of any electricity generated by a generating station mentioned in Article 54(1) of the Energy (Northern Ireland) Order 2003 where the electricity has been supplied to customers in Northern Ireland.

(3) ROCs are not to be issued in respect of any electricity generated by a generating station located beyond the seaward limits of the territorial sea adjacent to the United Kingdom unless—

(a) it is connected directly to a transmission or distribution system (or the part of such a system) located in Northern Ireland (and to no other system or part thereof), or

(b) it is an area designated under section 1(7) of the Continental Shelf Act 1964 or in a Renewable Energy Zone.

(4) In this article—

“Northern Ireland” has the same meaning as in Article 54(1) of the Energy (Northern Ireland) Order 2003;

“Scotland” includes—so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland,a Renewable Energy Zone, or any part of such a Zone, which is designated by order under section 84(5) of the Energy Act 2004 .

Electricity supplied to customers in Northern Ireland

47

No ROCs certifying the matters within section 32B(4) or (6) of the Act are to be issued where the Northern Ireland authority has notified the Authority that it is not satisfied that the electricity in respect of which the ROCs are to be issued has been supplied to customers in Northern Ireland.

Combustion units in relation to which a capacity agreement has been issued

48

(1) This article applies to a combustion unit which is included in a generating CMU in respect of which a capacity agreement has been issued (the “relevant capacity agreement”).

(2) ROCs are not to be issued in respect of any electricity generated by a combustion unit to which this article applies unless—

(a) a capacity market transfer notice has been given to the Authority by the operator of the generating station in respect of the combustion unit, and

(b) paragraph (4) or (5) applies in relation to the electricity.

(3) A capacity market transfer notice is a notice which—

(a) is in writing,

(b) identifies the combustion unit to which it relates,

(d) states the date of commencement of the delivery year, or first delivery year, for which that capacity agreement was issued (“the capacity market participation date”).

(4) This paragraph applies in relation to electricity generated—

(a) in a month in which the combustion unit burns only biomass, and

(b) before the capacity market transfer notice has come into force.

(5) This paragraph applies in relation to electricity generated—

(a) in a month in which the combustion unit burns fossil fuel and biomass, and

(b) before the capacity market participation date.

(6) For the purposes of paragraph (4), a capacity market transfer notice comes into force on the capacity market participation date stated in the notice unless the relevant capacity agreement has been terminated before the earliest of the capacity market participation date and 1st April 2017 (in which case the capacity market transfer notice never comes into force).

(7) For the purposes of paragraphs (4) and (5), no account is to be taken of any fossil fuel or waste which is used in the combustion unit for permitted ancillary purposes.

(8) Once a capacity market transfer notice has been received by the Authority it cannot be withdrawn.

(9) In this article, “capacity agreement”, “generating CMU” and “delivery year” have the same meaning as in the Electricity Capacity Regulations 2014 .

Electricity in respect of which a CFD or investment contract applies

49

ROCs are not to be issued in respect of any electricity in respect of which a CFD or investment contract applies.

Combustion units in relation to which a CFD or investment contract has been entered into

50

(1) This article applies to a combustion unit in relation to which—

(a) a CFD has been entered into, or

(b) an investment contract—

(i) has been entered into, ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) ROCs are not to be issued in respect of any electricity generated by a combustion unit to which this article applies unless a CFD transfer notice has been given to the Authority by the operator of the generating station in respect of the combustion unit.

(3) A CFD transfer notice is a notice which—

(a) is in writing,

(b) identifies the combustion unit to which it relates,

(c) states the date from which the operator of the generating station intends to start using that combustion unit to generate electricity only from biomass (“the conversion date”), and

(d) states the date on which a CFD or investment contract was entered into in relation to that combustion unit.

(4) Once a CFD transfer notice has been received by the Authority it cannot be withdrawn ....

(5) Subject to paragraph (6), the operator of a generating station may change the conversion date stated in a CFD transfer notice in respect of a combustion unit at the generating station by giving notice to the Authority in writing.

(6) The conversion date stated in a CFD transfer notice cannot be changed—

(a) after 31st March 2027,

(b) after the CFD transfer notice has come into force, or

(c) if a CFD made in relation to the combustion unit to which the CFD transfer notice relates has been terminated or otherwise ceased to have effect.

(7) For the purposes of this article, a CFD transfer notice comes into force—

(a) on the conversion date stated in the CFD transfer notice, or

(b) if earlier, as from the start of the first month—

(i) which is after March 2014, and

(ii) during which the combustion unit to which the CFD transfer notice relates burns only biomass.

(8) For the purpose of paragraph (7)(b)(ii), no account is to be taken of any fossil fuel or waste which is used in the combustion unit for permitted ancillary purposes.

Generating stations supported or potentially eligible for support under a feed-in tariff scheme

51

(1) ROCs are not to be issued in respect of any electricity generated by a microgenerator if that microgenerator—

(a) is a hydro generating station, or

(b) generates electricity from—

(i) gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill,

(ii) the direct conversion of sunlight into electricity, or

(iii) wind.

(2) Subject to paragraph (3), ROCs are not to be issued in respect of any electricity generated by a generating station—

(a) if support has been given under a feed-in tariff scheme for the generation of electricity by the station, or

(b) if, before the application for accreditation of the station was determined, the Authority was notified in writing by a relevant person that support for electricity generated by the station should be given in the form of financial incentives under a feed-in tariff scheme.

(3) Paragraph (2) does not prevent the issue of ROCs in respect of electricity generated by a generating station if financial incentives are not available under a feed-in tariff scheme for that electricity by virtue of the size of the station's total installed capacity.

(4) In this article—

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

52

(1) This article applies where—

(a) a NFFO arrangement (“the applicable NFFO arrangement”) provided for the building of a generating station at a specified location (“the location”),

(b) the applicable NFFO arrangement was terminated due to the operator of the generating station to which it applied having committed an unremedied breach of it, and

(c) the last period in the tables contained in Schedule 1 to the Non-Fossil Fuel Order which relates to the applicable NFFO arrangement has not expired.

(2) Subject to paragraph (3), where this article applies, ROCs are not to be issued in respect of any electricity generated by a generating station—

(a) which is situated wholly or partly at the location,

(b) to which the applicable NFFO arrangement applied at the time it was commissioned, and

(i) who was a party to the applicable NFFO arrangement, or

(ii) who is a connected person or a linked person in relation to any such party.

(3) Paragraph (2) does not apply in relation to electricity generated by a generating station in a month in which all of the electricity generated by that station is sold pursuant to another NFFO arrangement.

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

53

(1) This article applies where a NFFO arrangement (“the applicable NFFO arrangement”) provides for the building of a generating station (“the specified station”) at a specified location (“the location”) and the specified station has not been commissioned.

(2) Subject to paragraph (3), where this article applies, ROCs are not to be issued in respect of any electricity generated by a generating station which—

(a) is situated wholly or partly at the location, and

(b) is owned or operated by a person—

(i) who is a party to the applicable NFFO arrangement, or

(ii) who is a connected person or a linked person in relation to any such party.

(3) Paragraph (2) does not apply in relation to electricity generated by a generating station in a month in which all of the electricity generated by that station is sold pursuant to another NFFO arrangement.

Large hydro generating stations first commissioned on or before 1st April 2002

54

(1) ROCs are not to be issued in respect of any electricity generated by a large hydro generating station if the station was first commissioned on or before 1st April 2002.

(2) In this article, “large hydro generating station” means a hydro generating station which has, or has had at any time since 1st April 2002, a declared net capacity of more than 20 megawatts.

Generating stations first commissioned before 1st January 1990

55

(1) This article applies to a generating station—

(a) which was first commissioned before 1st January 1990,

(b) the main components of which have not been renewed since 31st December 1989, and

(2) ROCs are not to be issued in respect of any electricity generated in any month by a generating station to which this article applies unless all of the electricity generated by that station during that month—

(a) is generated partly from fossil fuel (other than renewable waste) and partly from renewable sources which consist wholly of—

(i) biomass,

(ii) biomass and Solid Recovered Fuel, or

(iii) a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion, or

(b) is generated from biomass and the following conditions are met—

(i) where that station generated electricity in any month prior to April 2003, no less than 75% of the energy content of the fuel used to generate that electricity was derived from fossil fuel,

(ii) the first month in which all of the electricity generated by that station was generated from biomass occurred after March 2004, and

(iii) in relation to electricity generated in any month after that first month by that station, no more than 75% of the energy content of the fuel used to generate that electricity was derived from fossil fuel.

(3) For the purposes of paragraph (1)(b), the main components of a generating station are only to be regarded as having been renewed since 31st December 1989—

(a) in the case of a hydro generating station, where the following parts have been installed in the station after 31st December 1989 and were not used for the purpose of electricity generation prior to their installation—

(i) all the turbine runners or all the turbine blades or the propeller, and

(ii) all the inlet guide vanes or all the inlet guide nozzles;

(b) in the case of any other generating station, where all the boilers and turbines (driven by any means including wind, water, steam or gas) have been installed in the station after 31st December 1989 and were not used for the purpose of electricity generation prior to their installation.

(4) In determining how electricity has been generated for the purposes of paragraph (2), no account is to be taken of any fossil fuel or waste which the generating station uses for permitted ancillary purposes.

(5) In this article, “micro hydro generating station” means a hydro generating station which—

(a) has a declared net capacity of 1.25 megawatts or less, and

(b) has never generated electricity under an arrangement which has ever been a qualifying arrangement as defined in section 33 of the Act (as that section was originally enacted).

Generating stations using peat

56

ROCs are not to be issued in respect of any electricity generated by a generating station during a month in which it generates electricity wholly or partly from peat.

Generating stations using landfill gas

57

ROCs are not to be issued in respect of any electricity generated by a generating station from landfill gas unless the electricity is generated—

(a) by a generating station to which article 34 applies,

(b) using pre-2013 capacity,

(d) using the heat from a turbine or engine.

Generating stations using gaseous fuel produced by means of gasification or pyrolysis

58

(1) ROCs are not to be issued in respect of any electricity generated by a generating station from a gaseous fuel produced by means of gasification or pyrolysis unless—

(a) the generating station is an excepted generating station, or

(b) the gaseous fuel has a gross calorific value of at least 2 megajoules per metre cubed at 25 degrees Celsius and 0.1 megapascals when measured at the inlet to the generating station.

(2) In this article, “excepted generating station” means a generating station—

(a) which was accredited on or before 31st March 2011,

(b) which since being accredited, has not ceased to be accredited at any time, and

(c) in respect of which, if it was not accredited as at 31st March 2009, preliminary accreditation was held on and from that date until the date on which it was accredited.

Generating stations using Solid Recovered Fuel

59

ROCs are not to be issued in respect of any electricity generated by a generating station from Solid Recovered Fuel unless—

(a) the Solid Recovered Fuel constitutes biomass, or

(b) the generating station is a qualifying CHP station.

Generating stations using waste or fossil fuel

60

(1) ROCs are not to be issued in respect of any electricity generated by a generating station during a month in which it generates electricity wholly from renewable sources which consist of or include waste unless—

(a) the waste is biomass,

(b) the waste is a liquid consisting wholly or mainly of hydrocarbon compounds,

(c) the waste is in the form of a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion, or

(d) the station is a qualifying CHP station.

(2) ROCs are not to be issued in respect of any electricity generated by a generating station during a month in which it generates electricity partly from renewable sources, and partly from fossil fuel other than renewable waste, unless—

(a) the renewable sources used by the station during the month in question consist of—

(i) biomass,

(ii) biomass and Solid Recovered Fuel, or

(iii) a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion; and

(b) any waste used by the station during that month is—

(i) biomass,

(ii) liquid consisting wholly or mainly of hydrocarbon compounds,

(iii) in the form of a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion, or

(iv) Solid Recovered Fuel.

(3) In determining how electricity has been generated for the purposes of this article, no account is to be taken of any fossil fuel or waste which the generating station uses for permitted ancillary purposes.

Circumstances in which ROCs must not be issued in respect of electricity generated from bioliquid

61

(1) ROCs are not to be issued in respect of any electricity generated by a generating station from bioliquid unless the bioliquid meets the greenhouse gas criteria and the land criteria.

(2) It is for the operator of the generating station to demonstrate to the Authority's satisfaction that the bioliquid meets the greenhouse gas criteria and the land criteria.

(3) Where paragraph (4) applies to a consignment of bioliquid, a mass balance system must be used for the purpose of demonstrating that the bioliquid meets the greenhouse gas criteria and the land criteria.

(4) This paragraph applies to a consignment of bioliquid where—

(a) the consignment of bioliquid was withdrawn from a mixture containing consignments of bioliquid with differing sustainability profiles, or

(b) consignments of the biomaterial from which the consignment of bioliquid was made were withdrawn from a mixture containing consignments of biomaterial with differing sustainability profiles.

(5) For the purposes of this article—

(a) a mass balance system is a system which—

(i) provides for the sustainability profiles of the consignments of bioliquid or biomaterial added to a mixture to be attributed to the consignments withdrawn from that mixture, and

(ii) requires the sustainability profile attributed to the sum of all the consignments withdrawn from a mixture to be the same, and in the same quantities, as the sustainability profile of the sum of all the consignments added to that mixture;

(b) the sustainability profile of a consignment of bioliquid is information identifying—

(i) the material of which the bioliquid is composed, and

(ii) the proportion that meets the greenhouse gas criteria and the land criteria;

(i) information identifying the material of which the biomaterial is composed, and

(ii) information relating to the biomaterial to be used for the purpose of determining whether bioliquid made from the biomaterial meets the greenhouse gas criteria and the land criteria.

Common agricultural policy requirements in the case of bioliquids

62

(1) ROCs are not to be issued in respect of any electricity generated by a generating station from bioliquid if—

(a) the bioliquid is derived from biomaterial which—

(i) is of agricultural origin,

(ii) was cultivated in the United Kingdom or the EU, and

(iii) is not waste, and

(b) the Authority is satisfied that the biomaterial referred to in sub-paragraph (a) was—

(i) cultivated in a manner that breached a requirement or standard listed in the third column of the table in Annex 2 to Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy (“the 2013 Regulation”) and corresponding to the entry in the first column of that table for “environment, climate change, good agricultural condition of land”,

(ii) cultivated in a manner that breached statutory management requirement number 10 in Annex 2 to the 2013 Regulation, or

(iii) obtained from land which does not meet the minimum requirements for good agricultural and environmental condition defined pursuant to Article 94 of the 2013 Regulation.

(2) In paragraph (1), a reference to the 2013 Regulation is a reference to—

(a) in relation to biomaterial cultivated in the United Kingdom on or after IP completion day, the 2013 Regulation as it forms part of domestic law;

(b) in any other case, the 2013 Regulation as it has effect in EU law.

Circumstances in which ROCs must not be issued in respect of electricity generated from solid or gaseous biomass

63

(1) This article applies to biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste).

(2) ROCs are not to be issued in respect of any electricity generated by a generating station from biomass to which this article applies unless—

(a) the generating station has a total installed capacity of less than 1 megawatt, or

(b) the biomass meets the greenhouse gas criteria and the land criteria.

Cases where a renewables obligation certificate has already been issued

64

ROCs are not to be issued in respect of any electricity in respect of which—

(a) a ROC has already been issued and has not been revoked, or

(b) a renewables obligation certificate has already been issued under a renewables obligation order made by the Scottish Ministers (whether or not that renewables obligation certificate has been revoked).

Cases and circumstances when a ROC must not be issued: general provisions

65

(1) Subject to paragraph (2), where by virtue of this Part ROCs are not to be issued in respect of part of the electricity generated by a generating station and that electricity is not measured separately from the remainder of the electricity generated by the station, the operator of the station must provide the Authority with an estimate of the amount of electricity generated by the station in respect of which ROCs are not to be issued.

(2) The estimate must be produced using a methodology which—

(a) has been agreed with the Authority, and

(b) in the Authority's opinion, is unlikely to underestimate the amount of electricity in respect of which ROCs are not to be issued.

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

Interpretation

66

(1) In this Part—

“buy-out fund” means the fund held by the Authority on the 1st September in the settlement period, being the aggregate of—amounts received by the Authority under article 67 relating to the renewables obligation for the relevant period,amounts held by the Authority by virtue of articles 70(4)(b), 71(4), 76(5) and 77(6)(b), andany interest earned on those amounts;

“compliant UK supplier” means a UK 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 74(5);

“late payment fund” is the fund held by the Authority on the 1st November of the settlement period, being the aggregate of—amounts received by the Authority during that period under article 68 relating to the renewables obligation for the relevant period, andany interest earned on those amounts;

“late payment period” means the period beginning with the 1st September and ending with 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 76(2)) received by the Authority under articles 74 and 76 (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 Energy (Northern Ireland) Order 2003 during a period which, in any order made under those Articles, corresponds to the settlement period;

“non-compliant UK supplier” means a UK 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 75(5);

“the relevant period” is to be construed in accordance with article 67(1);

“relevant shortfall” is to be construed in accordance with article 72(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;

“retail prices index” means—the general index of retail prices (for all items) published by the Office of National Statistics, orwhere the index is not published for a month, any substituted index or figures published by the Office of National Statistics;

“settlement period” is to be construed in accordance with article 67(1);

“shortfall” is to be construed in accordance with article 72(2);

“supplier payment” is to be construed in accordance with article 74(3);

“total mutualisation sum” is to be construed in accordance with article 73;

“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 Scottish Ministers 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 Energy (Northern Ireland) Order 2003 which corresponds to the buy-out fund held on that date;

“UK renewables obligation” means—the renewables obligation imposed by article 7 of this Order,a renewables obligation imposed by a renewables obligation order made by the Scottish Ministers, ora renewables obligation imposed on Northern Ireland suppliers in an order made under Articles 52 to 55F of the Energy (Northern Ireland) Order 2003;

“UK 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 Scottish Ministers, andany designated electricity supplier within the meaning of Article 52(2) of the Energy (Northern Ireland) Order 2003.

(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 UK supplier subject to a UK renewables obligation, are to be construed (where the UK 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 Scottish Ministers, 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 Energy (Northern Ireland) Order 2003, 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 67(1), 68(6), 74 or 76(1) is to be rounded to the nearest penny, with any half of a penny being rounded upwards.

Payments to discharge the renewables obligation

67

(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 UK ROC by virtue of paragraph (4);

(b) Y is the number of UK ROCs 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 UK ROCs that it has produced to the Authority for that period (or, where it has not produced any, 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 UK ROCs, which is the quotient obtained by dividing the payment made by the sum which corresponds to a UK ROC by virtue of paragraph (4).

(4) The sum which corresponds to a UK ROC (“the buy-out price”) is—

(a) for the relevant period commencing with 1st April 2016, £44.33 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 with 31st December 2015 (the resulting figure being rounded to the nearest penny, with any half of a penny being rounded upwards), 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 with 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

68

(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 67(2) less any amount that the designated electricity supplier has paid to the Authority under article 67.

(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) If, by the end of the late payment period, the designated electricity supplier has not paid to the Authority the amount referred to in paragraph (2) and all interest required to be paid on that amount under paragraph (3), the supplier will not have discharged its renewables obligation for the relevant period.

(8) 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.

(9) In paragraph (4) “base rate” means the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate.

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

69

(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 UK suppliers under and in accordance with article 71 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

70

(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 69(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 69(2) and the amount that would have been paid into it under article 69(1) had the aggregate of the amounts to be paid by the Authority under article 69(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 69(2) and the amount that would have been paid to it under article 69(1) had the aggregate of the amounts to be paid by the Authority under article 69(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 UK suppliers under and in accordance with article 71 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 UK suppliers

71

(1) Each UK supplier must be paid a proportion of the amount (if any) that the Authority is required to pay to UK suppliers by virtue of article 69(4) or 70(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 UK ROCs produced by the UK 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 UK ROCs produced by UK suppliers to the Authority or to 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.

Determining whether a relevant shortfall has occurred

72

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

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