Scottish Statutory Instrument SI 2009 Scotland

Renewables Obligation (Scotland) Order 2009

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Enforced by
Ofgem
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Operator6 Any Person3

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

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Operator — also bound by 746 other Acts
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introductory provisions

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.art001 Citation and commencement
s.art002 Interpretation
s.art003 Waste as a renewable source
s.art004 Biomass and fuels which are to be treated as biomass
s.art004 Fossil derived bioliquid
Part 2

The renewables obligation

0 of 12 sections shown
12 other sections in this Part — procedural and definitional
s.art005 The renewables obligation
s.art006 Calculation A
s.art007 Part of calculation A referable to Great Britain
s.art008 Part of calculation A referable to Northern Ireland
s.art009 Calculation B
s.art010 Calculation C
s.art011 Determining the total number of renewables obligation certificates to be produced in an obligation period
s.art012 Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation
s.art012 Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation: obligation periods beginning on or after 1st April 2019
s.art012 Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation: special arrangements for obligation periods in respect of which article 12A does not apply
s.art012 Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation: revisions of the obligation level for the 2024/25 obligation period
s.art013 Further provision in relation to the production of renewables obligation certificates
Part 3

Matters to be certified by and content of SROCs

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.art014 Matters to be certified by SROCs
s.art015 When electricity is to be regarded as supplied to customers in Great Britain or Northern Ireland
s.art016 When electricity is used in a permitted way for SROCs certifying matters within section 32B(7) or (8) of the Act
Part 4

Cases and circumstances when a SROC must not be issued

1 of 20 sections shown
s.art017 Generating stations (other than microgenerators) accredited after feed-in tariffs become available Regulated
  • Choose between SROCs and feed-in tariffs before accreditation is grantedOperator
19 other sections in this Part — procedural and definitional
s.art017 Excluded generating stations
s.art017 Generating stations accredited for longer than 20 years
s.art017 Offshore wind turbines registered for longer than 20 years
s.art017 Generating stations using excluded capacity to generate electricity
s.art017 Microgenerators in respect of which feed-in tariffs may be available
s.art017 Generating stations (other than microgenerators) accredited before feed-in tariffs become available
s.art017 Articles 17C and 17D: supplemental
s.art018 Generating stations first commissioned before 1st January 1990
s.art019 Generating stations generating under arrangements referred to in the Electricity (Northern Ireland) Order 1992
s.art020 Generating stations in respect of which a NFFO arrangement applied but was terminated
s.art021 Non-commissioned generating stations in respect of which a NFFO arrangement applies
s.art021 Electricity in respect of which a CFD or investment contract applies
s.art021 Combustion units in relation to which a CFD or investment contract has been entered into
s.art022 Circumstances in which no SROCs are to be issued in respect of electricity generated from renewable sources
s.art022 Circumstances in which no SROCs are to be issued in respect of electricity generated from bioliquid
s.art022 Common agricultural policy requirements
s.art022 Electricity generated by certain types of biomass generating station
s.art022 Circumstances in which no SROCs are to be issued in respect of electricity generated from solid or gaseous biomass
s.art023 Circumstances in which no SROCs are to be issued by virtue of section 32C(8)(a) of the Act
Part 5

SROCs to be issued by Authority in respect of RO eligible renewable output

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.art023 RO input electricity, RO output electricity and ineligible renewable sources
s.art024 SROCs to be issued by Authority in respect of a generating station's RO eligible renewable output
s.art025 Calculating a generating station’s RO eligible renewable output
s.art026 RO eligible renewable output of a qualifying combined heat and power generating station
Part 6

Banding and grandfathering

0 of 16 sections shown
16 other sections in this Part — procedural and definitional
s.art027 The amount of electricity to be stated in each SROC
s.art028 Electricity generated by qualifying combined heat and power generating stations
s.art028 High-range co-firing in the 2013/14 obligation period
s.art028 Co-firing of regular bioliquid in the 2013/14 and 2014/15 obligation periods
s.art028 Low-range co-firing in the 2013/14 and 2014/15 obligation periods
s.art028 Low-range co-firing of relevant energy crops
s.art028 Low-range co-firing of relevant energy crops with CHP
s.art029 Microgenerators
s.art030 Generating stations which were accredited as at 11th July 2006
s.art030 Offshore wind generating stations using 2006/10 wind turbines
s.art030 Wave and tidal stream generating stations
s.art030 Offshore wind generating stations using test and demonstration wind turbines
s.art030 Offshore wind generating stations using floating wind turbines
s.art031 Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009
s.art032 Generating stations in respect of which a statutory grant has been awarded
s.art033 Review of banding provisions
Part 7

Issue and revocation of SROCs

0 of 9 sections shown
9 other sections in this Part — procedural and definitional
s.art034 Issue of SROCs to generators and suppliers
s.art035 Issue of SROCs to agents
s.art036 General criteria for the issue of SROCs
s.art037 Criteria applicable to SROCs where article 36(1)(a) or (b) cannot be complied with
s.art038 Further criterion applicable to SROCs certifying matters within section 32B(3) and (5) of the Act where electricity generated otherwise than on land
s.art039 Further criteria applicable to SROCs certifying matters within section 32B(3) to (6) of the Act
s.art040 Further criteria applicable to SROCs certifying matters within section 32B(5), (6) and (8) of the Act
s.art041 Refusing to issue and revoking SROCs
s.art041 Where SROCs cannot be revoked
Part 8

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

0 of 11 sections shown
11 other sections in this Part — procedural and definitional
s.art042 Interpretation
s.art043 Payments to discharge the renewables obligation
s.art044 Late payments to discharge the renewables obligation
s.art045 Dealing with the buy-out fund: payments into the Consolidated Fund and to the Northern Ireland authority
s.art046 Dealing with the late payment fund: payments into the Consolidated Fund and to the Northern Ireland authority
s.art047 Dealing with the buy-out and late payment funds: payments to United Kingdom suppliers
s.art048 Shortfall in the buy-out and late payment funds: the total mutualisation sum
s.art049 Payments to be made by suppliers towards the total mutualisation sum
s.art050 Circumstances in which payments towards the total mutualisation sum are to be re calculated
s.art051 Re-calculated payments to be made by suppliers towards the total mutualisation sum and repayments by the Authority
s.art052 Payments to be made to suppliers out of the mutualisation fund
Part 9

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

6 of 16 sections shown
s.art053 Provision of information to the Authority Regulated
  • Submit monthly generation figures to OfgemOperator
s.art054 Information to be provided to the Authority where electricity is generated from biomass ... Regulated
  • Report biomass details to Ofgem by 30 June each yearOperator
s.art054 Bioliquid sustainability audit report Regulated
  • Submit annual bioliquid sustainability audit report to OfgemOperator
s.art054 Solid and gaseous biomass sustainability audit report Regulated
  • Provide a sustainability audit report for biomass used in large generating stationsOperator
s.art058 Registration of offshore wind turbines Regulated
Other duties (1) — Crown / regulator
  • Ofgem must register offshore wind turbines and notify operatorsStatutory regulator
s.art058 Registration of additional capacity Regulated
  • Register additional generating capacity with OfgemOperator
10 other sections in this Part — procedural and definitional
s.art055 Provision of information to the Secretary of State
s.art056 Exchange of information with the Northern Ireland authority
s.art057 Functions of the Authority
s.art058 Preliminary accreditation of generating stations
s.art058 Registration as a grace period generating station
s.art058 Accreditation of generating stations
s.art058 Preliminary accreditation and accreditation: common provisions
s.art059 SROC Register
s.art060 Modification of this Order in relation to microgenerators in certain circumstances
s.art061 Revocation, transitional and savings
Schedules

Schedules

6 of 42 shown
s.sch004 The contents of the Register (including the entries referred to... Regulated
Other duties (1) — Crown / regulator
  • Ofgem must make the Renewables Register available for public inspectionStatutory regulator
s.sch004 Where the Authority receives requests under paragraph 7(a) it must... Regulated
Other duties (1) — Crown / regulator
  • Ofgem must notify parties when requests received and flag discrepanciesStatutory regulator
s.sch004 Where– (a) a SROC is issued under this Order; or... Regulated
Other duties (1) — Crown / regulator
  • Ofgem must notify SROC holders of issue or transfer within 5 banking daysStatutory regulator
s.schedule a1a para.4 The default value method must not be used to calculate... Regulated
  • Do not use default value method for biomass emissions unless conditions metAny Person
s.schedule a1 para.4 The mixed value method must not be used for the... Regulated
  • Do not use mixed value method for bioliquid emissions unless bioliquid is listed in Renewables Directive Annex V tablesAny Person
s.schedule a1 para.6 The default percentage must not be used for the purposes... Regulated
  • Check bioliquid greenhouse gas calculation before using default percentageAny Person
36 other schedules
s.sch002 (1) In this Schedule– “2009/11 dedicated biomass generating station” means...
s.sch003a The greenhouse gas emissions from the use of biomass are...
s.sch003a In this Schedule— (a) η e l is equal to...
s.sch003b The greenhouse gas emissions from the use of biomass are...
s.sch003b In this Schedule— (a) η e l , η h...
s.sch004 The Authority must establish and maintain the Register referred to...
s.sch004 The substitute cannot be the registered holder of a SROC...
s.sch004 The Register may be amended by a decision of the...
s.sch004 Where any person considers that an entry maintained in respect...
s.sch004 The Authority must in any procedural guidelines which it produces...
s.sch004 In this Schedule “banking day” means a day on which...
s.sch004 The Register must identify whether or not a SROC subsists...
s.sch004 Particulars of a SROC comprise– (a) the name of the...
s.sch004 A person may only be the registered holder of a...
s.sch004 The Authority may from time to time draw up procedural...
s.sch004 The Authority must delete from the Register any SROC which–...
s.sch004 Where the registered holder of a SROC and a person...
s.schedule a1a para.1 Interpretation
s.schedule a1a para.2 The greenhouse gas emission criteria
s.schedule a1a para.3 Calculating the greenhouse gas emissions
s.schedule a1a para.5 For the purposes of paragraph 4(c), paragraph 7 of Part...
s.schedule a1a para.6 Where the greenhouse gas emissions from the use of biomass...
s.schedule a1a para.7 In paragraph (6)— (a) η e l is equal to...
s.schedule a1a para.8 The greenhouse gas emissions from the use of biomass are...
s.schedule a1a para.9 In paragraph (8)— (a) η e l , η h...
s.schedule a1 para.1 Interpretation
s.schedule a1 para.2 The greenhouse gas emission criteria
s.schedule a1 para.3 Calculating the percentage difference
s.schedule a1 para.5 . . . . . . . . . ....
s.schedule a2 para.1 Interpretation
s.schedule a2 para.2 Land criteria: bioliquids
s.schedule a2 para.3 Land criteria: woody biomass
s.schedule a2 para.4 Land criteria: other fuels
s.schedule a2 para.5 Protected sources
s.schedule a2 para.6 Sustainable source
s.schedule a2 para.7 Exempt purposes

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