Search Legislation

The Renewables Obligation (Scotland) Order 2002

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Eligible renewable sources

8.—(1) Subject to article 9, electricity shall be considered to have been generated from eligible renewable sources to the extent that it has been generated from renewable sources and provided that it has not been generated by an excluded generating station as specified in paragraphs (2) to (11).

(2) The following shall be excluded generating stations:

(a)large hydro generating stations except those first commissioned after the date this Order comes into force;

(b)subject to paragraph (5), generating stations (other than micro hydro generating stations) which were first commissioned before 1st January 1990 and where the main components have not been renewed since 31st December 1989 as described in paragraph (12);

(c)generating stations located outside the United Kingdom;

(d)generating stations generating electricity under the arrangements or additional arrangements referred to in article 35(1) of the Electricity (Northern Ireland) Order 1992(1); and

(e)generating stations at a location at which a qualifying arrangement which has terminated provided, immediately prior to the termination, for the building of a generating station if the qualifying arrangement was terminated due to the operator of the generating station to which that arrangement applies having committed an unremedied breach of the arrangement unless the last period referred to in the tables contained in Schedule 1 to the Non-Fossil Fuel Order which relates to the qualifying arrangement has expired.

(3) A generating station shall be an excluded generating station in any month during which it is fuelled wholly or partly by waste unless:

(a)the only waste used as fuel in the generating station in that month is biomass; or

(b)all the waste which is not biomass which is used in that month in the generating station to generate electricity has first been manufactured into fuel which is in either a gaseous or liquid form (or both) by means of plant and equipment using advanced conversion technologies only.

(4) A generating station shall be an excluded generating station in any month during which it is fuelled partly by fossil fuel and partly by any other fuel (or fuels) other than biomass unless during that month it is a minimal fossil use generating station.

(5) A generating station shall not be an excluded generating station by virtue of paragraph (2)(b) in any month during which it is fuelled partly by fossil fuel and partly by biomass (and by no other fuel) unless during that month it is a minimal fossil use generating station.

(6) After 31st March 2006 a generating station which in any month is fuelled partly by fossil fuel and partly by biomass (and by no other fuel) shall be an excluded generating station during that month if, in that month, less than 75 per cent. of the energy content of the biomass derives from energy crops unless during that month it is a minimal fossil use generating station.

(7) After 31st March 2011 a generating station shall be an excluded generating station in any month during which it is fuelled partly by fossil fuel and partly by biomass (and by no other fuel) unless during that month it is a minimal fossil use generating station.

(8) A generating station shall be an excluded generating station in any month during which it is fuelled wholly or partly by peat.

(9) A generating station shall be an excluded generating station in any month during which it is fuelled wholly or partly by any substance derived directly or indirectly from any of the substances referred to in paragraph (13)(a)(i) unless that substance is a substance falling within paragraph (13)(a)(ii) or it is waste or a component of biomass.

(10) A generating station shall be an excluded generating station in any month during which it is fuelled wholly or partly by waste where all the waste which is not biomass is or is derived directly or indirectly from one or more of the substances referred to in paragraph 13(a)(i).

(11) A generating station at a location at which an extant qualifying arrangement provides for the building of a generating station shall be an excluded generating station in any month in which no electricity generated by the generating station is sold pursuant to the qualifying arrangement.

(12) The main components of a generating station shall only be regarded as having been renewed since 31st December 1989 where–

(a)in the case of a hydro generating station the following parts have been installed in the generating station after 31st December 1989 and were not used for the purpose of electricity generation prior to that date:

(i)either all the turbine runners or all the turbine blades or the propeller; and

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

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

(13) In this article:

(a)“fossil fuel” means:

(i)coal, lignite, natural gas (as defined in the Energy Act 1976(2)) and crude liquid petroleum; and

(ii)anything which is derived directly or indirectly from any of the substances referred to in sub-paragraph (a)(i) which is created for the purpose of being used as a fuel,

other than anything, which is, or is derived directly or indirectly from, any of the substances referred to in sub-paragraph (a)(i), which is waste or a component of biomass;

(b)“minimal fossil use generating station” means, in relation to any month, a generating station which in that month uses fossil fuel only for one or more of the following purposes:

(i)the ignition of gases of low or variable calorific value;

(ii)the heating of the combustion system to its normal operating temperature or the maintenance of that temperature; or

(iii)emission control,

and where in that month the energy content of the fossil fuel used for the above purposes does not exceed 10 per cent. of the energy content of the renewable sources used (and for this purpose the term “renewable sources” includes any waste or component of biomass that is fossil fuel or is derived directly or indirectly from fossil fuel); and

(c)“waste” is to be regarded as including anything derived directly or indirectly from waste (as that term is defined in article 2(1)).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources