The Renewables Obligation (Scotland) Order 2002

Article 4

SCHEDULE 2 THE REGISTER

1.  The Authority shall maintain the Register (which may be in electronic form) at any of its premises.

2.  Particulars of a SROC comprise–

(a) the name of the person to whom the Authority issues the SROC or, where the Authority has amended the Register in dealing with a request for substitution in accordance with paragraph 6, the name of the substitute (the “registered holder”); and

(b) an identifier unique to the SROC (“the SROC identifier”) determined by the Authority and containing the following information (or reference to that information in coded format)–

(i) the month and year during which the electricity was generated;

(ii) the location of the generating station;

(iii) a description of the generating station including reference to the eligible renewable source or sources used to generate electricity by that generating station;

(iv) the date of issue of the SROC; and

(v) the SROC sequence number determined by the Authority in accordance with article 4(9) or 5(4).

3.  A person may only be the registered holder of a SROC or have an entry made and maintained in respect of them under article 4(4)(b) if they provide to the Authority–

(a) evidence of their identity; and

(b) details of persons authorised to act on their behalf in respect of requests for the amendments to be made to the Register as provided for in this Schedule.

4.  The Authority may from time to time draw up procedural guidelines to assist it in maintaining the Register and carrying out its functions in respect thereof.

5.  The Authority shall delete from the Register any SROC which–

(a) has been revoked in accordance with article 5;

(b) has in accordance with article 3(5) been produced as evidence or as part of the evidence required under article 3(1);

(c) is no longer eligible to be produced as evidence or as part of the evidence required under article 3(1); or

(d) the registered holder requests should be deleted,

and where it is so deleted, the SROC cannot thereafter be produced as the evidence or part of the evidence required under article 3(1).

6.  Where the registered holder of a SROC and a person whom the registered holder wishes to be the substitute (as defined in this paragraph) request that the Register be amended, by substituting for the name of the registered holder the name of a second person (‘the substitute’), (who shall be a registered holder or a person who has notified the Authority that they wish an entry to be made and maintained in respect of them as provided in article 4(4)(b)) the Authority shall, in the case of requests received by it (as provided in this paragraph) in September of each year, on the tenth banking day, and in all other months on the fifth banking day after the banking day on which it is first in receipt at the commencement of its working hours of requests for substitution (which are identical in all material respects and which include the SROC identifier of a SROC of the registered holder) from each of the registered holder and the substitute, amend the particulars of the SROC recorded in the Register to show the substitute as the registered holder.

7.  Where the Authority receives a request for substitution it shall inform both the registered holder of the SROC and the substitute named therein that the request has been received and, in the event of the request from the registered holder of a SROC and the person whom the registered holder wished to be the substitute (as defined in paragraph 6) are not identical in all material aspects respects or do not include the SROC identifier of a SROC of the registered holder, shall draw this to their attention.

8.  Where a SROC is issued in accordance with article 4 or a replacement SROC is issued in accordance with article 5 or a substitute is recorded as the registered holder pursuant to paragraph 6, the Authority shall notify the registered holder (in the case of a SROC or a replacement SROC being issued) and the former and new registered holder (in the case of a substitution) in writing within 5 banking days of the issue or substitution having taken place.

9.  The substitute shall not be the registered holder of the SROC until such time as the particulars of the SROC recorded in the Register identify the substitute as such.

10.  The Register may be amended by a decision of the Authority–

(a) where the Authority is satisfied that an entry in the Register has been obtained by fraud;

(b) where a decision of a Court of competent jurisdiction or the operation of law requires the amendment of the Register; or

(c) in any other case where by reason of any error or omission on the part of the Authority it is necessary to amend the Register.

11.  The contents of the Register (including the entries referred to in article 4(4)(b)) shall be available for inspection by the public on request at reasonable notice during the Authority’s working hours and at the request of any person the Authority shall provide a written statement of any entry on the Register including any entry referred to in article 4(4)(b).

12.  Where any person who is not at the time the registered holder of a SROC considers that an entry maintained in respect of that person under article 4(4)(b) should be amended or deleted, that person may apply to the Authority requesting that the entry be amended or deleted.

13.  The Authority shall inform all registered holders of SROCs and all persons who from time to time have an entry maintained in respect of them under article 4(4)(b) of its usual working hours.