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The Renewables Obligation (Scotland) Amendment Order 2013

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Scottish Statutory Instruments

2013 No. 116

Electricity

The Renewables Obligation (Scotland) Amendment Order 2013

Made

28th March 2013

Coming into force

1st April 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 32(1) and (2), 32A(1) and (2), 32C(1) to (6), 32D(1), (2) and (8)(b), 32E(2) and (6), 32J(3) and 32K(1) and (3) of the Electricity Act 1989 (“the 1989 Act”)(1) and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”)(2) and all other powers enabling them to do so.

This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Scottish Ministers that it is expedient for the references to Annex 5 to Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources(3) inserted by this Order into article 54A of the Renewables Obligation (Scotland) Order 2009(4) to be construed as references to Annex 5 to that Directive as amended from time to time.

In accordance with section 32L(3) of the 1989 Act a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

In accordance with section 32D(4) of the 1989 Act the Scottish Ministers have had regard to the matters referred to in that section.

In accordance with section 32D(7) of the 1989 Act they have carried out a review by virtue of section 32D(8) of the 1989 Act.

In accordance with section 32L(1) of the 1989 Act they have consulted the Gas and Electricity Markets Authority(5), the National Consumer Council(6), electricity suppliers to whom this Order applies, and such generators of electricity from renewable sources and other persons as they considered appropriate.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Renewables Obligation (Scotland) Amendment Order 2013 and comes into force on 1st April 2013.

(2) In this Order, “the 2009 Order” means the Renewables Obligation (Scotland) Order 2009(7).

Amendment of the Renewables Obligation (Scotland) Order 2009

2.  The 2009 Order is amended in accordance with articles 3 to 28.

Interpretation

3.  In article 2 (interpretation)(8)—

(a)in paragraph (1)—

(i)before the definition of “the Act” insert—

“2013/14 capacity” means—

(a)

in relation to a generating station accredited on or before 31st March 2013, any capacity which—

(i)

in the Authority’s view, forms part of the station from a date no earlier than 1st April 2013 and no later than 31st March 2014; and

(ii)

does not form part of the capacity of the station as accredited;

(b)

in relation to a generating station which is registered under article 58ZA as a grace period generating station, any capacity which—

(i)

in the Authority’s view, forms part of the station from a date no later than 31st March 2014; and

(ii)

does not form part of the capacity of the station as accredited;

(c)

in relation to a generating station which—

(i)

was not accredited on or before 31st March 2013;

(ii)

was accredited on or before 31st March 2014; and

(iii)

is not registered under article 58ZA as a grace period generating station,

the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31st March 2014;

“2013/15 capacity” means any capacity which is—

(a)

2013/14 capacity; or

(b)

2014/15 capacity;

“2014/15 capacity” means—

(a)

in relation to a generating station accredited on or before 31st March 2014, any capacity which—

(i)

in the Authority’s view, forms part of the station from a date no earlier than 1st April 2014 and no later than 31st March 2015; and

(ii)

does not form part of the capacity of the station as accredited;

(b)

in relation to a generating station which—

(i)

was not accredited on or before 31st March 2014; and

(ii)

was accredited on or before 31st March 2015,

the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31st March 2015;

“2015/16 capacity” means—

(a)

in relation to a generating station accredited on or before 31st March 2015, any capacity which—

(i)

in the Authority’s view, forms part of the station from a date no earlier than 1st April 2015 and no later than 31st March 2016; and

(ii)

does not form part of the capacity of the station as accredited;

(b)

in relation to a generating station which—

(i)

was not accredited on or before 31st March 2015; and

(ii)

was accredited on or before 31st March 2016,

the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31st March 2016;;

(ii)after the definition of “accreditation” insert—

“advanced fuel” means a liquid or gaseous fuel which is produced directly or indirectly from the gasification or the pyrolysis of—

(a)

waste, or

(b)

biomass;;

(iii)after the definition of “combined heat and power generating station” insert—

“combustion unit” means a boiler, turbine or engine;;

(iv)for the definition of “energy crop” substitute—

“energy crops” means—

(a)

a perennial crop planted at high density, the stems of which are harvested above ground level at intervals of less than 20 years and which is one of the following—

(i)

Acer pseudoplatanus (also known as sycamore);

(ii)

Alnus (also known as alder);

(iii)

Betula (also known as birch);

(iv)

Castanea sativa (also known as sweet chestnut);

(v)

Corylus avellana (also known as hazel);

(vi)

Fraxinus excelsior (also known as ash);

(vii)

Populus (also known as poplar);

(viii)

Salix (also known as willow); or

(ix)

Tilia cordata (also known as small-leaved lime); or

(b)

a perennial crop which is one of the following—

(i)

Arundo donax (also known as giant reed);

(ii)

Bambuseae, where the crop was planted after 31st December 1989 and is grown primarily for the purpose of being used as a fuel;

(iii)

Miscanthus;

(iv)

Panicum;

(v)

Pennisetum (other than Pennisetum setaceum (also known as fountain grass), Pennisetum clandestinum (also known as kikuyu grass) and Pennisetum villosum (also known as feathertop grass)); or

(vi)

Phalaris;;

(v)for the definition of “microgenerator” substitute—

“microgenerator” means a generating station, other than an enhanced wave or enhanced tidal stream generating station, which has a declared net capacity of 50 kilowatts or less;;

(vi)after the definition of “plant” insert—

“post-2016 capacity” means—

(a)

in relation to a generating station accredited on or before 31st March 2016, any capacity which—

(i)

in the Authority’s view, forms part of the station from a date no earlier than 1st April 2016; and

(ii)

does not form part of the capacity of the station as accredited;

(b)

in relation to a generating station which—

(i)

is accredited; and

(ii)

was not accredited on or before 31st March 2016,

the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station;

“pre-2013 capacity” means—

(a)

in relation to a generating station accredited on or before 31st March 2013, the capacity of the station as accredited, together with any additional capacity which, in the Authority’s view, forms part of the station from a date no later than 31st March 2013;

(b)

in relation to a generating station which is registered under article 58ZA as a grace period generating station, the capacity of the station as accredited;;

(vii)after the definition of “qualifying power output” insert—

“qualifying proportion”, in relation to electricity generated by a qualifying combined heat and power generating station, is the proportion which the qualifying power output of the station bears to its total power output;;

(viii)in the definition of “regular biomass”—

(aa)after sub-paragraph (b) insert—

(bb)advanced fuel;;

(bb)in sub-paragraph (d) omit “, gasification or pyrolysis”;

(ix)in the definition of “Renewables Directive” after “sources” insert “, and in article 54A and Schedule A1 to this Order references to Annex 5 to the Renewables Directive are to Annex 5 as amended from time to time”;

(x)in the definition of “total installed capacity” after sub-paragraph (b) insert—

(c)in relation to a type of generating capacity forming part of a generating station, the maximum capacity at which that generating capacity could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption);;

(b)after paragraph (7) insert—

(8) Any reference in this Order to a “type of generating capacity” is a reference to one of the following—

(a)pre-2013 capacity;

(b)2013/14 capacity;

(c)2014/15 capacity;

(d)2015/16 capacity;

(e)post-2016 capacity..

Biomass and fuels which are to be treated as biomass

4.  For article 4(1) (biomass and fuels which are to be treated as biomass) substitute—

(1) In this Order “biomass” means fuel which—

(a)falls within paragraph (1A);

(b)falls within paragraph (1B); or

(c)is a fossil derived bioliquid.

(1A) Fuel falls within this paragraph if—

(a)at least 90 per cent of its energy content is derived from material which is, or is derived directly or indirectly from, plant matter, animal matter, fungi or algae (“relevant material”); and

(b)any fossil fuel forming part of the fuel is present following a process—

(i)to which the relevant material has been subject; and

(ii)the undertaking of which has caused the fossil fuel to be present in, on or with that material even though that was not the object of the process.

(1B) Fuel falls within this paragraph if—

(a)at least 90 per cent of its energy content is derived from material which is, or is derived directly or indirectly from, plant matter, animal matter, fungi or algae;

(b)it is waste; and

(c)any fossil fuel forming part of it was not added to it with a view to the fossil fuel being used as a fuel..

Further provision in relation to the production of renewables obligation certificates

5.—(1) Article 13 (further provision in relation to the production of renewables obligation certificates) is amended as follows.

(2) For paragraphs (3) to (6) substitute—

(3) Subject to paragraph (4), no more than 4 per cent of a designated electricity supplier’s renewables obligation may be satisfied by the production of renewables obligation certificates issued in respect of electricity generated from bioliquid.

(4) The limit set out in paragraph (3) does not apply to the production of renewables obligation certificates issued in respect of electricity—

(a)generated by a generating station to which article 29 applies;

(b)generated by a qualifying combined heat and power generating station which has, as at the date of generation of the electricity, a total installed capacity of less than one megawatt;

(c)generated from advanced fuel;

(d)generated in the way described as “energy from waste with CHP” in Schedule 2; or

(e)generated before 1st April 2013..

(3) Omit paragraph (8).

Circumstances in which no SROCs are to be issued in respect of electricity generated from renewable sources

6.—(1) Article 22 (circumstances in which no SROCs are to be issued in respect of electricity generated from renewable sources) (9) is amended as follows.

(2) In paragraph (1)(a)(i) and (b)(i) and (ii) omit each reference to “or fossil derived bioliquid”.

(3) After paragraph (3)(a)(iv) omit “or”.

(4) After paragraph (3)(a)(v)—

(a)omit “and”; and

(b)insert—

(vi)corrosion control; or

(vii)fouling reduction; and.

Electricity generated by certain types of biomass station

7.  After article 22B (common agricultural policy requirements) insert—

Electricity generated by certain types of biomass generating station

22C.(1) This article applies to a generating station which—

(a)is first commissioned after 31st March 2014;

(b)has a total installed capacity of more than 15 megawatts;

(c)generates electricity from relevant biomass.

(2) No SROCs are to be issued in respect of any electricity generated in any month by a generating station to which this article applies—

(a)unless the generating station is a qualifying combined heat and power station;

(b)if the generating station has not been a qualifying combined heat and power station during the whole or part of 5 or more obligation periods.

(3) In this article “relevant biomass” means biomass which is composed wholly or partly from wood which is not an energy crop..

SROCs to be issued by Authority in respect of a generating station’s renewable output

8.  After article 24(3)(a) (SROCs to be issued by Authority in respect of a generating station’s renewable output) insert—

(aa)deduct from that station’s or those stations’ renewable output any electricity which is generated from landfill gas other than electricity—

(i)to be deducted by virtue of sub-paragraph (b);

(ii)generated by a generating station to which article 29 applies;

(iii)generated using pre-2013 capacity;

(iv)generated in the way described as “closed landfill gas” in Schedule 2; or

(v)generated using the heat from a turbine or engine;.

Calculating a generating station’s renewable output

9.—(1) Article 25 (calculating a generating station’s renewable output) is amended as follows.

(2) In paragraph (2)(a)(ii)(aa) for “sub-heads (bb) to (dd)” substitute “sub-paragraphs (bb) and (dd)”.

(3) Omit paragraph (2)(a)(ii)(cc).

(4) For paragraphs (3) to (5) substitute—

(3) Paragraphs (4) to (4E) apply for the purposes of article 24 and Part 6.

(4) In any month where the renewable output of the station is generated in a single way, the proportion of the station’s renewable output in that month which is generated using—

(a)pre-2013 capacity is ;

(b)2013/14 capacity is ;

(c)2014/15 capacity is ;

(d)2015/16 capacity is ;

(e)post-2016 capacity is .

(4A) In any month where pre-2013 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways, the proportion of the station’s renewable output in that month which is generated in each of those ways using pre-2013 capacity—

(a)in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is ;

(b)in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is ;

(c)in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is ;

(d)in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is .

(4B) In any month where 2013/14 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways, the proportion of the station’s renewable output in that month which is generated in each of those ways using 2013/14 capacity—

(a)in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is ;

(b)in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is ;

(c)in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is ;

(d)in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is .

(4C) In any month where 2014/15 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways, the proportion of the station’s renewable output in that month which is generated in each of those ways using 2014/15 capacity—

(a)in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is ;

(b)in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is ;

(c)in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is ;

(d)in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is .

(4D) In any month where 2015/16 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways, the proportion of the station’s renewable output in that month which is generated in each of those ways using 2015/16 capacity—

(a)in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is ;

(b)in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is ;

(c)in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is ;

(d)in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is .

(4E) In any month where post-2016 capacity forms all or part of the total installed capacity of a generating station and the renewable output of the station is generated in two or more ways, the proportion of the station’s renewable output in that month which is generated in each of those ways using post-2016 capacity—

(a)in the case of renewable output generated in the way described as “landfill gas heat recovery” in Schedule 2, is ;

(b)in the case of renewable output generated using mixed gas in the way described as “AD” in Schedule 2, is ;

(c)in the case of renewable output generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, is ;

(d)in the case of renewable output generated in a way not falling within sub-paragraph (a), (b) or (c), is .

(5) In paragraphs (4) to (4E)—

(a)F is the energy content of the renewable sources used when generating electricity in that way during that month less the energy content of—

(i)any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraphs (ii) or (iii) is in part composed);

(ii)any of those renewable sources which is Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass);

(iii)except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than two megajoules per metre cubed;

(b)G is the energy content of all of the renewable sources used in generating the station’s gross output during that month less the energy content of—

(i)any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraphs (ii) or (iii) is in part composed);

(ii)any of those renewable sources which is Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass);

(iii)except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than two megajoules per metre cubed;

(c)H is the energy content of the mixed gas used when generating the station’s renewable output during that month;

(d)I is the energy content of all of the renewable sources used in generating the station’s renewable output during that month;

(e)J is the dry mass of—

(i)any waste which constitutes a renewable source (other than sewage); and

(ii)any biomass (other than sewage),

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

(f)K is the dry mass of the sewage from which the mixed gas used in generating the station’s renewable output during that month is formed;

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

(h)M is the maximum capacity in that month at which the station could generate electricity in that way for a sustained period without causing damage to the station (assuming the heat used by the station to generate electricity was available to it without interruption);

(i)N is the total installed capacity of the station in that month;

(j)P is the total installed capacity of the pre-2013 capacity of the station in that month;

(k)Q is the total installed capacity of the 2013/14 capacity of the station in that month;

(l)R is the total installed capacity of the 2014/15 capacity of the station in that month;

(m)S is the total installed capacity of the 2015/16 capacity of the station in that month; and

(n)T is the total installed capacity of the post-2016 capacity of the station in that month..

(5) After paragraph (6) insert—

(7) Any reference in this article to a way of generating renewable output is a reference to—

(a)one of the ways of generating electricity described in Schedule 2;

(b)generating electricity in the way described in article 28D(1)(c);

(c)generating electricity in the way described in article 28E(1)(c);

(d)generating electricity from renewable sources in a way not falling within sub-paragraphs (a), (b) or (c)..

Renewable output of a qualifying combined heat and power generating station

10.—(1) Article 26 (renewable output of a qualifying combined heat and power generating station) is amended as follows.

(2) In paragraph (1)—

(a)after “permitted ancillary purposes” insert “or is an advanced fuel”; and

(b)omit “gasification, pyrolysis or”.

(3) In paragraph (2) (modification of article 25 of the 2009 order) in substitute paragraph (ii)—

(a)in sub-paragraph (aa) for “sub-paragraph (bb) or (cc)” substitute “sub-paragraph (cc)”; and

(b)omit sub-paragraph (bb).

(4) For paragraph (3) substitute—

(3) For paragraphs (5)(a) and (5)(b) of that article, substitute—

(a)F is the energy content of the renewable sources used when generating electricity in that way during that month less the energy content of—

(i)any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraph (ii) is in part composed);

(ii)except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than two megajoules per metre cubed;

(b)G is the energy content of all of the renewable sources used in generating the station’s gross output during that month less the energy content of—

(i)any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of paragraph (ii) is in part composed);

(ii)except in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than two megajoules per metre cubed;..

(5) Omit paragraph (4).

The amount of electricity to be stated in each SROC

11.  In article 27 (the amount of electricity to be stated in each SROC) for paragraphs (2) to (5) substitute—

(2) The amount of electricity to be stated in each SROC depends on—

(a)the way in which the electricity in respect of which it is to be issued has been generated; and

(b)the type of generating capacity used to generate the electricity in respect of which the SROC is to be issued.

(3) Subject to articles 28 to 32, the amount of electricity to be stated in each SROC is to be determined in accordance with paragraphs (4) to (10).

(4) Each SROC 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 2,

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

(5) Each SROC 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 2A of Schedule 2,

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

(6) Each SROC 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 2A of Schedule 2,

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

(7) Each SROC 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 2A of Schedule 2,

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

(8) Each SROC 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 2A of Schedule 2,

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

(9) The amount of electricity to be stated in each SROC to be issued in respect of electricity generated—

(a)using pre–2013 capacity; and

(b)in a way which is not described in the first column of Part 2 of Schedule 2,

is one megawatt hour.

(10) The amount of electricity to be stated in each SROC to be issued in respect of electricity generated—

(a)using 2013/14 capacity, 2014/15 capacity, 2015/16 capacity or post-2016 capacity; and

(b)in a way which is not described in the first column of Part 2A of Schedule 2,

is one megawatt hour..

Qualifying combined heat and power generating stations

12.  For article 28 (qualifying combined heat and power generating stations) substitute—

Electricity generated by qualifying combined heat and power generating stations

28.(1) This article applies to electricity—

(a)which is generated by a qualifying combined heat and power generating station in a way described in the first column of Part 2B of Schedule 2;

(b)to which none of articles 28A to 28E apply; and

(c)which is generated by a generating station to which article 29 does not apply.

(2) Subject to paragraphs (3) to (6), the amount of electricity to be stated in each SROC issued in respect of electricity to which this article applies is to be determined in accordance with article 27(4) to (8).

(3) Where electricity to which this article applies is generated using pre-2013 capacity, the amount of electricity to be stated in each SROC is—

(a)in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2B of Schedule 2 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 2B of Schedule 2 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.

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

(a)in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2B of Schedule 2 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 2B of Schedule 2 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 generating station, and electricity to which this article applies is generated by that station using 2015/16 capacity, the amount of electricity to be stated in each SROC is—

(a)in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2C of Schedule 2 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 2C of Schedule 2 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 generating station, and electricity to which this article applies is generated by that station using post-2016 capacity, the amount of electricity to be stated in each SROC is—

(a)in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 2D of Schedule 2 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 2D of Schedule 2 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 2013/15 capacity, 2015/16 capacity or post-2016 capacity of the station;

(c)in the case of a declaration made in respect of the 2013/15 capacity of the station, it confirms that—

(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 biomass, bioliquid 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 biomass, bioliquid 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 SROCs may be issued, the operator of the station will not claim support under any relevant scheme for heat produced by the station using the type 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).

(10) This article is subject to article 32..

Co-firing

13.  After article 28 (qualifying combined heat and power generating stations) insert—

High-range co-firing in the 2013/14 obligation period

28A.(1) This article applies to electricity which is generated—

(a)before 1st April 2014;

(b)in the way described as “high-range co-firing” in Schedule 2; and

(c)by a generating station to which article 29 does not apply.

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

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

(a)in the way described as “high-range co-firing with CHP” in Schedule 2; and

(b)using—

(i)pre-2013 capacity; or

(ii)2013/15 capacity in respect of which a declaration has been made in accordance with article 28(7).

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

(a)in respect of the qualifying proportion of the electricity to which this paragraph applies, of a megawatt hour; and

(b)in respect of the remainder of the electricity to which this paragraph applies, of a megawatt hour.

(5) This article is subject to article 32.

Co-firing of regular bioliquid in the 2013/14 and 2014/15 obligation periods

28B.(1) This article applies to electricity which is generated—

(a)before 1st April 2015;

(b)in the way described as “co-firing of regular bioliquid” in Schedule 2; and

(c)by a generating station to which article 29 does not apply.

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

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

(a)in the way described as “co-firing of regular bioliquid with CHP” in Schedule 2; and

(b)using—

(i)pre-2013 capacity; or

(ii)2013/15 capacity in respect of which a declaration has been made in accordance with article 28(7).

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

(a)in respect of the qualifying proportion of the electricity to which this paragraph applies, of a megawatt hour; and

(b)in respect of the remainder of the electricity to which this paragraph applies, of a megawatt hour.

(5) This article is subject to article 32.

Low-range co-firing in the 2013/14 and 2014/15 obligation periods

28C.(1) This article applies to electricity which is generated—

(a)before 1st April 2015;

(b)in the way described as “low-range co-firing” in Schedule 2; and

(c)by a generating station to which article 29 does not apply.

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

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

(a)in the way described as “low-range co-firing with CHP” in Schedule 2; and

(b)using—

(i)pre-2013 capacity; or

(ii)2013/15 capacity in respect of which a declaration has been made in accordance with article 28(7).

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

(a)in respect of the qualifying proportion of the electricity to which this paragraph applies, of a megawatt hour; and

(b)in respect of the remainder of the electricity to which this paragraph applies, of a megawatt hour.

(5) This article is subject to articles 28D, 28E and 32.

Low-range co-firing of relevant energy crops

28D.(1) This article applies to electricity which is generated—

(a)before 1st April 2019;

(b)by a generating station to which article 29 does not apply; and

(c)from relevant energy crops burned in a combustion unit in a month in which—

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

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

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

(a)in the case of electricity generated before 1st April 2015, of a megawatt hour; and

(b)in the case of electricity generated on or after 1st April 2015, one megawatt hour.

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

(4) 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(11).

(5) This article is subject to articles 28E and 32.

Low-range co-firing of relevant energy crops with CHP

28E.(1) This article applies to electricity which is generated—

(a)before 1st April 2019;

(b)by a qualifying combined heat and power generating station to which article 29 does not apply;

(c)from relevant energy crops burned in a combustion unit in a month in which—

(i)the energy content of the biomass burned in that combustion unit is less than 50 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

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

(iii)the fossil fuel and the relevant energy crops have been burned in separate combustion units; and

(d)using—

(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 28(7).

(2) Paragraph (3) applies to electricity to which this article applies which is generated before 1st April 2015.

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

(a)in respect of the qualifying proportion of the electricity to which this paragraph applies, of a megawatt hour; and

(b)in respect of the remainder of the electricity to which this paragraph applies, of a megawatt hour.

(4) Paragraph (5) applies to electricity to which this article applies which is generated on or after 1st April 2015.

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

(a)in respect of the qualifying proportion of the electricity to which this paragraph applies, of a megawatt hour; and

(b)in respect of the remainder of the electricity to which this paragraph applies, one megawatt hour.

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

(7) In this article, “relevant energy crops” has the same meaning as in article 28D.

(8) This article is subject to article 32..

Microgenerators

14.  For article 29(2) (microgenerators) substitute—

(2) The amount of electricity to be stated in each SROC issued in respect of electricity generated—

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

(b)using—

(i)pre-2013 capacity;

(ii)2013/14 capacity; or

(iii)2014/15 capacity,

is of a megawatt hour.

(3) The amount of electricity to be stated in each SROC issued in respect of electricity generated—

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

(b)using 2015/16 capacity,

is of a megawatt hour.

(4) The amount of electricity to be stated in each SROC issued in respect of electricity generated—

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

(b)using post-2016 capacity,

is of a megawatt hour.

(5) (5)This article is subject to article 32..

Generating stations which were accredited as at 11th July 2006

15.—(1) Article 30 (generating stations which were accredited as at 11th July 2006) is amended as follows.

(2) For paragraph (1) substitute—

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

(a)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 29 does not apply;

(b)using pre-2013 capacity; and

(c)in one of the ways described in the first column of Part 3 of Schedule 2..

(3) Omit paragraph (2).

(4) For paragraph (3) substitute—

(3) The amount of electricity to be stated in each SROC issued in respect of electricity to which this article applies is (subject to paragraphs (4) to (6)) the amount in the second column of Part 3 of Schedule 2 which corresponds to the description in the first column of that Part of that Schedule of the way in which the electricity was generated..

(5) In paragraph (4)(a), after “the electricity” insert “to which this article applies”.

(6) For paragraph (4)(b) substitute—

(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)..

(7) In paragraph (5)—

(a)for “generated by the generating station” substitute “to which this article applies”; and

(b)omit “and (5)”.

(8) In paragraph (6), for “generated by the generating station” substitute “to which this article applies”.

(9) In paragraph (7)(b)—

(a)for “generated by the generating station” substitute “to which this article applies”; and

(b)for “total installed capacity of the station” substitute “total installed capacity of the pre-2013 capacity”.

Offshore wind generating stations using 2006/10 wind turbines

16.—(1) Article 30A (offshore wind generating stations using relevant wind turbines)(12) is amended as follows.

(2) For the heading substitute—

Offshore wind generating stations using 2006/10 wind turbines.

(3) For paragraph (1) substitute—

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

(a)from wind;

(b)by a generating station which is offshore; and

(c)using 2006/10 wind turbines..

(4) Omit paragraphs (2) and (3).

(5) For paragraph (4) substitute—

(4) The amount of electricity to be stated in each SROC issued in respect of electricity to which this article applies is of a megawatt hour..

(6) In paragraph (5)—

(a)omit “generated by a generating station”; and

(b)for “relevant wind turbines” substitute “2006/10 wind turbines”.

(7) For paragraph (7) substitute—

(7) In this article, “2006/10 wind turbine”, in relation to a generating station, means a wind turbine which, in the Authority’s view, forms part of the station from a date no earlier than 12th July 2006 and no later than 31st March 2010..

Wave and tidal stream generating stations

17.  After article 30A (offshore wind generating stations using relevant wind turbines) insert—

Wave and tidal stream generating stations

30B.(1) This article applies to electricity which is generated—

(a)using 2012/17 marine capacity; and

(b)by a generating station to which article 29 does not apply.

(2) Where the total installed capacity of the 2012/17 marine capacity of the 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 SROC issued in respect of electricity to which this article applies is of a megawatt hour.

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

(a)issued in respect of the relevant proportion of the electricity to which this article applies, is of a megawatt hour;

(b)issued in respect of the remainder of the electricity to which this article applies, is to be determined in accordance with article 27(4) to (8).

(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 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 generating station in the month in question.

(6) In this article—

“2012/17 marine capacity”, in relation to a generating station, means any capacity which—

(a)

generates electricity from the capture of the energy created from—

(i)

the motion of naturally occurring tidal currents in water; or

(ii)

the motion of naturally occurring waves on water;

(b)

in the Authority’s view, forms part of the station from a date no earlier than 1st April 2012 and no later than 31st March 2017;

(c)

has, on or before 31st March 2017, generated electricity in respect of which SROCs may be issued; and

(d)

in the case of a generating station accredited on or before 31st March 2012, does not form part of the capacity of the station as accredited;

“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;

“total installed capacity”, in relation to 2012/17 marine capacity, means the maximum capacity at which the 2012/17 marine capacity could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption).

(7) This article is subject to article 32..

Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009

18.—(1) Article 31 (generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009) is amended as follows.

(2) For paragraphs (1) to (4) substitute—

(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;

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

(iii)to which article 29 does not apply;

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

(c)using pre-2013 capacity.

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

(a)by a generating station—

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

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

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

(aa)as at 31st March 2009; and

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

(iv)to which article 29 does not apply;

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

(c)using pre-2013 capacity.

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

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

(3) In paragraph (5)(a), after “the electricity” insert “to which this article applies”.

(4) For paragraph (5)(b) substitute—

(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)..

(5) In paragraph (6)—

(a)for “generated by the generating station” substitute “to which this article applies”; and

(b)omit “and (5)”.

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

19.  In article 32(3) (generating stations in respect of which a statutory grant has been awarded) for “article 27 or 28” substitute “any of articles 27 to 28E”.

Review of banding provisions

20.—(1) Article 33 (review of banding provisions) is amended as follows.

(2) In paragraph (3)(c)(ii), after “Part 2” insert “or Part 2A”.

(3) In paragraph (3)(e), after “Part 2” insert “or Part 2A”.

(4) For paragraph (3)(f) substitute—

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

General criteria for the issue of SROCS

21.  After article 36(5) (general criteria for the issue of SROCS) insert—

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

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

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

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

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

Information to be provided to the Authority where electricity is generated from biomass or fossil derived bioliquid

22.—(1) Article 54 (information to be provided to the Authority where electricity is generated from biomass or fossil derived bioliquid)(13) is amended as follows.

(2) In the heading, omit “or fossil derived bioliquid”.

(3) At the beginning of paragraph (3)(j) insert “where the biomass was not a bioliquid,”.

(4) Omit paragraph (7).

Bioliquid sustainability audit report

23.—(1) Article 54A (bioliquid sustainability audit report)(14) is amended as follows.

(2) At the end of paragraph (3)(d) omit “and”.

(3) After paragraph (3)(e) insert—

(f)identify whether the bioliquid was certified under an environmental quality assurance scheme, and if so—

(i)state the name of the scheme; and

(ii)identify whether the European Commission has adopted a decision under article 18(4) of the Renewables Directive in respect of the scheme; and

(g)where the bioliquid was not derived from waste or residue and the actual value method or the mixed value method was used for the purpose of calculating the greenhouse gas emissions from the use of the bioliquid, identify—

(i)whether a restored degraded land bonus was included in the calculation of the greenhouse gas emissions from the use of the bioliquid; and

(ii)whether an emission saving from soil carbon accumulation via improved agricultural management was included in the calculation of the greenhouse gas emissions from the use of the bioliquid..

(4) For paragraph (8) substitute—

(8) In this article—

“actual value method” has the same meaning as in Schedule A1;

“emission saving from soil carbon accumulation via improved agricultural management” has the same meaning as in Part C of Annex 5 to the Renewables Directive;

“environmental quality assurance scheme” has the same meaning as in article 54;

“mixed value method” has the same meaning as in Schedule A1;

“relevant sustainability information”, in relation to a consignment of bioliquid, means the sustainability information submitted by the operator of the generating station in respect of the consignment;

“restored degraded land bonus” means the bonus referred to in paragraphs 7 and 8 of Part C of Annex 5 to the Renewables Directive..

Registration as a grace period generating station

24.  After article 58 (preliminary accreditation and accreditation of generating stations) insert—

Registration as a grace period generating station

58ZA.(1) This article applies to a generating station—

(a)which is first commissioned on or after 1st April 2013; and

(b)in respect of which an application for accreditation is made under article 58(4) on or before 30th September 2013.

(2) The operator of a generating station to which this article applies may submit a request to the Authority for the generating station to be registered under this article as a grace period generating station.

(3) A request for a generating station to be registered as a grace period generating station must be accompanied by—

(a)the documents specified in paragraph (4)(a), (b) and (c);

(b)the documents specified in paragraph (4)(d), (e) and (f); or

(c)the documents specified in paragraph (4)(a), (b), (d), (e) and (g).

(4) The documents specified in this paragraph are—

(a)a copy of a grid connection agreement specifying a grid connection date which is no later than 31st March 2013;

(b)a letter from a network operator who is a party to the grid connection agreement confirming (whether or not such confirmation is subject to any conditions or other terms) that—

(i)the grid connection was made after the grid connection date; and

(ii)in the network operator’s opinion, the failure to make the grid connection on or before the grid connection date was not due to any breach of the grid connection agreement by a relevant person;

(c)a declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 31st March 2013 if the grid connection had been made on or before the grid connection date;

(d)a copy of a radar works agreement specifying a radar works completion date which is no later than 31st March 2013;

(e)a letter from a party to the radar works agreement who is not a relevant person confirming (whether or not such confirmation is subject to any conditions or other terms) that—

(i)the radar works were completed after the radar works completion date; and

(ii)in that person’s opinion, the failure to complete the radar works on or before the radar works completion date was not due to any breach of the radar works agreement by a relevant person;

(f)a declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 31st March 2013 if the radar works had been completed on or before the radar works completion date;

(g)a declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 31st March 2013 if—

(i)the grid connection had been made on or before the grid connection date; and

(ii)the radar works had been completed on or before the radar works completion date.

(5) Where the operator of a generating station to which this article applies submits a request for registration of the station as a grace period generating station, the Authority must not register the station under this article as a grace period generating station unless—

(a)the request to register the generating station as a grace period generating station was received by the Authority before the Authority had made its decision on the application for accreditation of the station;

(b)the Authority is satisfied that the request complies with the requirements of paragraph (3);

(c)the Authority is satisfied that the station was commissioned before 1st October 2013; and

(d)the Authority decides to grant the application for accreditation of the station.

(6) In circumstances where the Authority has reason to believe that the information on which a decision to register a generating station as a grace period generating station was based was incorrect in a material particular, and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may withdraw the registration in question.

(7) The Authority must notify the operator of the generating station in writing of—

(a)its decision on a request to register the station as a grace period generating station;

(b)any withdrawal of registration of the station as a grace period generating station.

(8) The written notification under paragraph (7)(a) must be provided by the Authority at the same time as the written notification under article 58(9) of its decision on the application for accreditation of the generating station.

(9) In this article—

“grid connection” means a connection between a generating station and a transmission system or distribution system for the purpose of enabling electricity to be conveyed from the station to that system;

“grid connection agreement” means an agreement between a relevant person and a network operator for the making of a grid connection;

“grid connection date” in relation to a grid connection agreement, means the earliest of any date specified in the grid connection agreement by which—

(a)

the grid connection is required to be made; or

(b)

it is estimated that the grid connection would be made;

“network operator” means a—

(a)

distribution exemption holder;

(b)

distribution licence holder; or

(c)

transmission licence holder;

“radar works” means—

(a)

the construction of a radar station;

(b)

the installation of radar equipment;

(c)

the carrying out of modifications to a radar station or to radar equipment; or

(d)

the testing of a radar station or radar equipment;

“radar works agreement” means an agreement between a relevant person and a person who is not a relevant person for the carrying out of radar works;

“radar works completion date”, in relation to a radar works agreement, means the earliest of any date specified in the radar works agreement by which—

(a)

the radar works are required to be completed; or

(b)

it is estimated that the radar works would be completed;

“relevant person”, in relation to a request for a generating station to be registered as a grace period generating station, means—

(a)

the operator of the station; or

(b)

a person who arranged for the construction of the station..

Modification of this Order in relation to microgenerators in certain circumstances

25.  In article 60(4) (modification of this Order in relation to microgenerators in certain circumstances) omit “13,”.

Part 1 of Schedule 2

26.—(1) Paragraph 1(1) of Part 1 of Schedule 2 (interpretation)(15) is amended in accordance with paragraphs (2) to (13).

(2) Before the definition of “AD” insert—

“2009/11 dedicated biomass generating station” means a generating station which has, in any month after March 2009 and before November 2011, generated electricity—

(a)

only from biomass; and

(b)

in respect of which SROCs were issued for all or part of the electricity so generated during that month;.

(3) For the definition of “advanced gasification” substitute—

“advanced gasification/pyrolysis” means electricity generated from an advanced fuel which—

(a)

in the case of a gaseous fuel, has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least 4 megajoules per metre cubed; and

(b)

in the case of a liquid fuel, has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least 10 megajoules per kilogram;.

(4) Omit the definition of “advanced pyrolysis”.

(5) At the appropriate places insert—

“building mounted solar PV” means electricity generated from the direct conversion of sunlight into electricity by equipment not installed on the ground either—

(a)

directly; or

(b)

on a frame, plinth or other structure installed—

(i)

on the ground; and

(ii)

wholly or mainly for the purpose of supporting that equipment;;

“closed landfill gas” means electricity generated—

(a)

from landfill gas (other than electricity generated using the heat from a turbine or engine); and

(b)

in a month in which the generating station generates electricity only from gas formed by the digestion of material in a landfill which has finally ceased to accept waste for disposal;;

“co-firing of regular bioliquid” means electricity generated from regular bioliquid burned in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month; and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;;

“co-firing of regular bioliquid with CHP” means electricity generated from regular bioliquid burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources; and

(c)

the fossil fuel and regular bioliquid have been burned in separate combustion  units;;

“ground mounted solar PV” means electricity generated from the direct conversion of sunlight into electricity by equipment installed on the ground either—

(a)

directly; or

(b)

on a frame, plinth or other structure installed—

(i)

on the ground; and

(ii)

wholly or mainly for the purpose of supporting that equipment;;

“high-range co-firing” means electricity generated from energy crops or regular solid or gaseous biomass burned in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is at least 85 per cent but is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month; and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;;

“high-range co-firing with CHP” means—

(a)

electricity generated from regular solid or gaseous biomass burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(i)

the energy content of the biomass burned in that combustion unit is at least 85 per cent but is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

(ii)

the generating station generates electricity partly from fossil fuel and partly from renewable sources; and

(iii)

the fossil fuel and regular solid or gaseous biomass have been burned in separate combustion units;

(b)

electricity generated from energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(i)

the energy content of the biomass burned in that combustion unit is at least 85 per cent but is less than 100 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

(ii)

the generating station generates electricity partly from fossil fuel and partly from renewable sources; and

(iii)

the fossil fuel and energy crops have been burned in separate combustion units;;

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

“low-range co-firing” means electricity generated from energy crops or regular solid or gaseous biomass burned in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is less than 50 per cent of the energy content of all of the energy sources burned in that combustion unit during that month; and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;;

“low-range co-firing with CHP” means—

(a)

electricity generated from regular solid or gaseous biomass burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(i)

the energy content of the biomass burned in that combustion unit is less than 50 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

(ii)

the generating station generates electricity partly from fossil fuel and partly from renewable sources; and

(iii)

the fossil fuel and regular solid or gaseous biomass have been burned in separate combustion units;

(b)

electricity generated from energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(i)

the energy content of the biomass burned in that combustion unit is less than 50 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

(ii)

the generating station generates electricity partly from fossil fuel and partly from renewable sources; and

(iii)

the fossil fuel and energy crops have been burned in separate combustion units;;

“mid-range co-firing” means electricity generated from energy crops or regular solid or gaseous biomass burned in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is at least 50 per cent but is less than 85 per cent of the energy content of all of the energy sources burned in that combustion unit during that month; and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;;

“mid-range co-firing with CHP” means—

(a)

electricity generated from regular solid or gaseous biomass burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(i)

the energy content of the biomass burned in that combustion unit is at least 50 per cent but is less than 85 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

(ii)

the generating station generates electricity partly from fossil fuel and partly from renewable sources; and

(iii)

the fossil fuel and regular solid or gaseous biomass have been burned in separate combustion units;

(b)

electricity generated from energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(i)

the energy content of the biomass burned in that combustion unit is at least 50 per cent but is less than 85 per cent of the energy content of all of the energy sources burned in that combustion unit during that month;

(ii)

the generating station generates electricity partly from fossil fuel and partly from renewable sources; and

(iii)

the fossil fuel and energy crops have been burned in separate combustion units;;

“regular bioliquid” means bioliquid other than—

(a)

advanced fuel;

(b)

fuel produced by means of anaerobic digestion;

(c)

energy crops;;

“regular solid or gaseous biomass” means regular biomass other than bioliquid;;

“relevant fossil fuel CHP generating station” means a relevant fossil fuel generating station which is a qualifying combined heat and power generating station;;

“relevant fossil fuel generating station” means—

(a)

a generating station—

(i)

which is not a 2009/11 dedicated biomass generating station; and

(ii)

which has, in any 6 month period since it was first commissioned, generated electricity from fossil fuel, where the energy content of the fossil fuel was more than 15 per cent of the energy content of all of the energy sources used by the station to generate electricity during that 6 month period, or

(b)

a generating station—

(i)

which is a 2009/11 dedicated biomass generating station; and

(ii)

which has, in any 6 month period since 1st November 2011, generated electricity from fossil fuel, where the energy content of the fossil fuel was more than 15 per cent of the energy content of all of the energy sources used by the station to generate electricity during that 6 month period;;

“station conversion” means electricity generated—

(a)

from regular biomass or from energy crops;

(b)

by a relevant fossil fuel generating station; and

(c)

in a month in which the station generates electricity only from biomass or only from energy crops;;

“station conversion with CHP” means electricity generated—

(a)

from regular biomass or from energy crops;

(b)

by a relevant fossil fuel CHP generating station; and

(c)

in a month in which the station generates electricity only from biomass or only from energy crops;;

“unit conversion” means electricity generated from regular biomass or energy crops burned in a combustion unit in a month in which—

(a)

that combustion unit burns only biomass or burns only energy crops; and

(b)

the generating station generates electricity partly from fossil-fuel and partly from renewable sources;;

“unit conversion with CHP” means electricity generated from regular biomass or energy crops burned by a qualifying combined heat and power generating station in a combustion unit in a month in which—

(a)

that combustion unit burns only biomass or burns only energy crops; and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;.

(6) Omit the definitions of “co-firing of biomass”, “co-firing of biomass with CHP”, “co-firing of energy crops” and “co-firing of energy crops with CHP”.

(7) Omit the definition of “dedicated energy crops with CHP”.

(8) Omit the definition of “standard pyrolysis”.

(9) For the definition of “dedicated biomass” substitute—

“dedicated biomass” means electricity generated from regular biomass by a generating station—

(a)

which is not a relevant fossil fuel generating station; and

(b)

in a month in which it generates electricity only from biomass;.

(10) For the definition of “dedicated biomass with CHP” substitute—

“dedicated biomass with CHP” means electricity generated from regular biomass by a qualifying combined heat and power generating station—

(a)

which is not a relevant fossil fuel generating station; and

(b)

in a month in which it generates electricity only from biomass;.

(11) For the definition of “dedicated energy crops” substitute—

“dedicated energy crops” means electricity generated from energy crops by a generating station—

(a)

which is not a relevant fossil fuel generating station; and

(b)

in a month in which the generating station generates electricity only from energy crops or only from biomass;.

(12) In the definition of “energy from waste with CHP”—

(a)after “other than” insert “an advanced fuel or”; and

(b)omit “, gasification or pyrolysis”.

(13) For the definition of “standard gasification” substitute—

“standard gasification/pyrolysis” means electricity generated from an advanced fuel which—

(a)

in the case of a gaseous fuel, has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station which is at least two megajoules per metre cubed but is less than 4 megajoules per metre cubed; and

(b)

in the case of a liquid fuel, has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the generating station which is less than 10 megajoules per kilogram;.

(14) After paragraph 1(2)(a) of Part 1 of Schedule 2 omit “and”.

(15) After paragraph 1(2)(b) of Part 1 of Schedule 2 insert—

(c)in determining the energy content of the energy sources used by a generating station to generate electricity, no account is to be taken of any fossil fuel or waste which the station uses for permitted ancillary purposes; and

(d)in determining the energy content of the energy sources burned in a combustion unit, no account is to be taken of any fossil fuel or waste which is used—

(i)in that combustion unit for a purpose listed in article 22(3)(a); and

(ii)in a month in which the energy content of the fossil fuel or waste used in that combustion unit for a purpose listed in article 22(3)(a) (or, where both fossil fuel and waste are so used during a month, their combined energy content) does not exceed 10 per cent of the energy content of all of the energy sources burned in that combustion unit during that month..

Substitution of Part 2 of Schedule 2

27.  For Part 2 of Schedule 2 (amount of electricity to be stated in SROCs generally) substitute—

Articles 27(4) and (9) and 33(3)

PART 2AMOUNT OF ELECTRICITY TO BE STATED IN SROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY

Generation type

Amount of electricity (in megawatt hours) to be stated in a SROC issued for electricity generated using pre-2013 capacity

AD
Advanced gasification/pyrolysis
Co-firing of regular bioliquid2
Dedicated biomass
Dedicated energy crops
Electricity generated from landfill gas4
Electricity generated from sewage gas2
Energy from waste with CHP1
Enhanced tidal stream
Enhanced wave
Geopressure1
Geothermal
High-range co-firing
Hydroelectric1
Low-range co-firing2
Mid-range co-firing
Offshore wind
Onshore wind1
Solar photovoltaic
Standard gasification/pyrolysis1
Station conversion1
Tidal impoundment – tidal barrage
Tidal impoundment – tidal lagoon
Tidal stream
Unit conversion1
Wave

Amount of electricity to be stated in SROCs issued for electricity generated using 2013/15 capacity, 2015/16 capacity or post-2016 capacity

28.  After Part 2 of Schedule 2 insert—

Articles 27(5) to (8),(10) and 33(3)

PART 2AAMOUNT OF ELECTRICITY TO BE STATED IN SROCs ISSUED FOR ELECTRICITY GENERATED USING 2013/14 CAPACITY, 2014/15 CAPACITY, 2015/16 CAPACITY OR POST-2016 CAPACITY

Generation type

Amount of electricity (in megawatt hours) to be stated in a SROC issued for electricity generated using—

2013/14 capacity

2014/15 capacity

2015/16 capacity

post-2016 capacity

AD

Advanced gasification/

pyrolysis

Building mounted solar PV
Closed landfill gas5555
Co-firing of regular bioliquid2222
Dedicated biomass
Dedicated energy crops
Electricity generated from sewage gas2222
Energy from waste with CHP1111
Enhanced tidal stream
Enhanced wave
Geopressure1111
Geothermal
Ground mounted solar PV
High-range co-firing
Hydroelectric1111
Landfill gas heat recovery10101010
Low-range co-firing2222
Mid-range co-firing
Offshore wind
Onshore wind

Standard gasification/

pyrolysis

Station conversion1111
Tidal impoundment – tidal barrage
Tidal impoundment – tidal lagoon
Tidal stream
Unit conversion1111
Wave

Article 28(3) and (4)

PART 2BAMOUNT OF ELECTRICITY TO BE STATED IN SROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY OR 2013/15 CAPACITY WHERE ARTICLE 28(3) OR (4) APPLIES

Generation type

Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the qualifying proportion of electricity generated using pre-2013 capacity or 2013/15 capacity

Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the remainder of the electricity generated using pre-2013 capacity or 2013/15 capacity

Co-firing of regular bioliquid with CHP12
Dedicated biomass with CHP
High-range co-firing with CHP
Low-range co-firing with CHP12
Mid-range co-firing with CHP
Station conversion with CHP1
Unit conversion with CHP1

Article 28(5)

PART 2CAMOUNT OF ELECTRICITY TO BE STATED IN SROCS ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 28(5) APPLIES

Generation type

Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the qualifying proportion of electricity generated using 2015/16 capacity

Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the remainder of the electricity generated using 2015/16 capacity

Co-firing of regular bioliquid with CHP12
Dedicated biomass with CHP
High-range co-firing with CHP
Low-range co-firing with CHP12
Mid-range co-firing with CHP
Station conversion with CHP1
Unit conversion with CHP1

Article 28(6)

PART 2DAMOUNT OF ELECTRICITY TO BE STATED IN SROCS ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 28(6) APPLIES

Generation type

Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the qualifying proportion of electricity generated using post-2016 capacity

Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the remainder of the electricity generated using post-2016 capacity

Co-firing of regular bioliquid with CHP12
Dedicated biomass with CHP
High-range co-firing with CHP
Low-range co-firing with CHP12
Mid-range co-firing with CHP
Station conversion with CHP1
Unit conversion with CHP1

Transitionals

29.  Nothing in this Order is to affect—

(a)the issue and revocation of a renewables obligation certificate in respect of electricity generated before 1st April 2013, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation, under the 2009 Order;

(b)any obligations or requirements imposed on an operator of a generating station or some other person in respect of the obligation period ending on 31st March 2013, and anything which falls to be done or determined (whether by the operator of the generating station or some other person) in relation to any such obligations and requirements, under the 2009 Order;

(c)any obligations and functions of the Authority in respect of that obligation period, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to it, under the 2009 Order.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

28th March 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Renewables Obligation (Scotland) Order 2009 (“the 2009 Order”) and makes transitional provision.

The 2009 Order imposes an obligation (“the renewables obligation”) on all electricity suppliers which supply electricity in Scotland. Suppliers must produce, by a specified day, a certain number of renewables obligation certificates (“SROCs”) in respect of each megawatt hour of electricity that each supplies during a specified period known as an obligation period. The renewables obligation is administered by the Gas and Electricity Markets Authority (“the Authority”) who issue SROCs to renewable electricity generators in respect of their renewable output.

Article 3 amends article 2 of the 2009 Order to insert new definitions for different types of generating capacity, “advanced fuel”, “combustion unit”, and “qualifying power output” and to amend the definitions of “energy crop”, “microgenerator”, “Renewables Directive” and “total installed capacity”. The definition of “regular biomass” is amended to exclude all “advanced fuels”.

Article 4 amends article 4 of the 2009 Order to expand the definition of biomass to include all fossil derived bioliquids. Articles 6(2) and 22(2) and (4) make consequential amendments to articles 22(1) and 54 of the 2009 Order.

Article 5 amends article 13 of the 2009 Order to remove the limit on the SROCs issued for co-firing that suppliers can submit in each obligation period. It also inserts limits on the SROCs issued for electricity generated using bioliquids that suppliers can submit in each obligation period. Consequential amendments are made by article 20(4) to article 33 of the 2009 Order and by article 25 to article 60 of the 2009 Order.

Article 6(4) amends article 22(3) of the 2009 Order to add corrosion control and fouling reduction to the uses of fossil fuel or waste which are permitted ancillary purposes.

Article 7 inserts a new article 22B into the 2009 Order which restricts the issuing of SROCs in relation to biomass generating stations which are partly fuelled by wood biomass in certain circumstances.

Article 8 amends article 24 of the 2009 Order to prevent SROCs from being issued in respect of electricity generated from landfill gas unless the electricity meets certain conditions.

Article 9 amends article 25 of the 2009 Order to remove the minimum gross calorific value requirements applying to liquid fuels produced by means of pyrolysis. It also sets rules for how renewable output is to be apportioned between different generating capacity accredited or installed during different obligation periods and where electricity is generated in different ways. Article 10(3) to (5) makes consequential amendments to article 26 of the 2009 Order.

Article 10(2) amends article 26(1) of the 2009 Order to exclude all advanced fuels from the scope of that article.

Article 11 amends article 27 of the 2009 Order to change the provisions for determining the amount of electricity that must be generated by a generating station in order to be eligible for a SROC depending on the way in which it has been generated (“bands”). Article 26 amends Part 1 of Schedule 2 to the 2009 Order to insert some new bands, to remove some existing bands and to amend the definitions of some existing bands. Article 27 substitutes Part 2 of Schedule 2 to the 2009 Order to set out the levels of support for the bands applying to generating capacity accredited, and additional capacity added, before 1st April 2013. Article 28 inserts a new Part 2A of Schedule 2 to the 2009 Order to set out the levels of support for the bands applying to generating capacity accredited, and additional capacity added on or after 1st April 2013. Consequential amendments are made by article 15 to article 30 of the 2009 Order, by article 18 to article 31 of the 2009 Order and by article 20 to article 33 of the 2009 Order.

Article 12 substitutes article 28 of the 2009 Order to replace the provisions for determining the amount of electricity which is eligible for a higher level of support by virtue of being generated by a qualifying combined heat and power generating station, and for determining what that higher level of support should be. The new bands are set out in Parts 2B to 2D of Schedule 2 to the 2009 Order, as inserted by article 28.

Article 13 inserts new articles 28A to 28E into the 2009 Order. New article 28A sets the level of support for electricity generated from high-range co-firing in the 2013/14 obligation period. New articles 28B and 28C set the level of support for electricity generated from co-firing of regular bioliquid and from low-range co-firing in the 2013/14 and 2014/15 obligation periods. New articles 28D and 28E set the level of support for low-range co-firing of energy crops supplied under contracts made before 7th September 2012. Article 19 makes consequential amendments to article 32 of the 2009 Order.

Article 14 amends article 29 of the 2009 Order to set the level of support for microgenerators.

Article 16 amends article 30A of the 2009 Order to set out the circumstances in which certain offshore wind generating stations will be entitled to 1.5 SROCs per megawatt hour.

Article 17 inserts a new article 30B into the 2009 Order to set out the circumstances in which electricity generated by certain wave and tidal stream generating stations will be entitled to 5 SROCs per megawatt hour.

Article 21 amends article 36 of the 2009 Order to enable the Authority to treat a notification by the operator of a generating station as sufficient evidence that the energy content of the biomass burned in a combustion unit makes up less than 50 per cent of the energy content of all the energy sources burned in that unit.

Article 23 amends article 54A of the 2009 Order to implement, in relation to the renewables obligation, Commission Decision 2011/13/EU on certain types of information about biofuels and bioliquids to be submitted by economic operators to Member States(16). Article 22(3) makes a consequential amendment to article 54 of the 2009 Order.

Article 24 inserts a new article 58ZA into the 2009 Order to enable generating stations to submit a request to the Authority to be registered as grace period generating stations, and so obtain the levels of support available to generating stations accredited on 31st March 2013. Requests may be submitted only in respect of stations first commissioned on or after 1st April 2013 and in respect of which an application for accreditation is made on or before 30th September 2013. The request must be accompanied by various documents, including a declaration that the station would have been commissioned on or before 31st March 2013 if the grid connection or certain radar works had been completed by the date specified in the agreement for the grid connection or the radar works.

Article 29 makes transitional provision in respect of the obligation period ending on 31st March 2013.

(1)

1989 c.29. Sections 32 to 32M were substituted by section 37 of the Energy Act 2008 (c.32). Section 32M(1) was amended by S.1. 2011/984.

(2)

1972 c.68. Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46) (“the 1998 Act”), (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

(3)

OJ L 140, 5.6.2009, p.16.

(5)

Section 32L(1) of the Electricity Act 1989 refers to “the Authority”, this is defined in section 111(1) as inserted by paragraph 40(a) of Schedule 6 to the Utilities Act 2000 (c.27).

(6)

Section 32L(1) of the 1989 Act refers to “the Council”, this is defined in section 111(1) as substituted by section 30(4)(b) of the Consumers, Estate Agents and Redress Act 2007 (c.27).

(8)

Article 2 was amended by article 3 of S.S.I. 2011/225.

(9)

Article 22 was amended by article 9 of S.S.I. 2011/225.

(11)

2010 c.4.

(12)

Article 30A was inserted by article 9 of S.S.I. 2010/147 and amended by article 11 of S.S.I. 2011/225.

(13)

Article 54 was amended by article 12 of S.S.I. 2010/147 and by article 12 of S.S.I. 2011/225.

(14)

Article 54A was inserted by article 13 of S.S.I. 2011/225.

(15)

Part 1 of Schedule 2 was amended by S.S.I. 2009/276, 2010/147 and 2011/225.

(16)

O.J. L 9, 13.1.2011, p.11.

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