The Renewables Obligation (Scotland) Order 2009

PART 1 INTERPRETATION

1.—(1) In this Schedule–

[F1 “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;]

“AD” means electricity generated from gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill;

[F2 “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;]

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 “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;]

[F4 “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;]

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 “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;]

[F4 “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;]

[F6 “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;]

[F7 “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;]

[F8 “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;]

F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“electricity generated from landfill gas” means electricity generated from gas formed by the digestion of material in a landfill;

“electricity generated from sewage gas” means electricity generated from gas formed by the anaerobic digestion of sewage (including sewage which has been treated or processed);

“energy from waste with CHP” means electricity generated from the combustion of waste (other than [F10 an advanced fuel or] a fuel produced by means of anaerobic digestionF11 ...) in a qualifying combined heat and power generating station in a month in which the station generates electricity only from renewable sources and those renewable sources include waste which is not biomass;

[F12 “enhanced tidal stream” means electricity generated from the capture of the energy created from the motion of naturally occurring tidal currents in water, where such electricity is not generated by devices built with or maintained by capital or revenue funding under a statutory grant programme operated by the Scottish Ministers or the Secretary of State [F13 in respect of which a statutory grant was awarded on or before 19th September 2008];]

[F12 “enhanced wave” means electricity generated from the motion of naturally occurring waves on water, where such electricity is not generated by devices built with or maintained by capital or revenue funding under a statutory grant programme operated by the Scottish Ministers or the Secretary of State [F14 in respect of which a statutory grant was awarded on or before 19th September 2008];]

“geopressure” means electricity generated using naturally occurring subterranean pressure;

“geothermal” means electricity generated using naturally occurring subterranean heat;

[F4 “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;]

[F4 “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;]

[F4 “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;]

“hydroelectric” means electricity generated by a hydro generating station;

[F4 “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;]

[F4 “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;]

[F4 “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;]

[F4 “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;]

[F4 “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;]

“offshore wind” means electricity generated from wind by a generating station that is offshore, F15 ...

“onshore wind” means electricity generated from wind by a generating station that is not offshore;

[F4 “regular bioliquid” means bioliquid other than—

(a)

advanced fuel;

(b)

fuel produced by means of anaerobic digestion;

(c)

energy crops;]

[F4 “regular solid or gaseous biomass” means regular biomass other than bioliquid;]

[F4 “relevant fossil fuel CHP generating station” means a relevant fossil fuel generating station which is a qualifying combined heat and power generating station;]

[F4 “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;]

“solar photovoltaic” means electricity generated from the direct conversion of sunlight into electricity;

[F16 “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;]

F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 “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;]

[F4 “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;]

“tidal impoundment – tidal barrage” means electricity generated by a generating station driven by the release of water impounded behind a barrier using the difference in tidal levels where the barrier is connected to both banks of a river and the generating station has a declared net capacity of less than 1 gigawatt;

“tidal impoundment – tidal lagoon” means electricity generated by a generating station driven by the release of water impounded behind a barrier using the difference in tidal levels where the barrier is not a tidal barrage and the generating station has a declared net capacity of less than 1 gigawatt;

“tidal stream” means electricity generated from the capture of the energy created from the motion of naturally occurring tidal currents in water; and

[F4 “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;]

[F4 “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;]

“wave” means electricity generated from the capture of the energy created from the motion of naturally occurring waves on water.

(2) For the purposes of this Schedule–

(a) fossil fuel does not include waste which is a renewable source; F18 ...

(b) in determining how electricity has been generated, no account is to be taken of any fossil fuel or waste which a generating station uses for permitted ancillary purposes;

[F19 (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.]

Textual Amendments

F1 Words in Sch. 2 para. 1(1) inserted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(2) (with art. 29)

F2 Words in Sch. 2 para. 1(1) substituted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(3) (with art. 29)

F3 Words in Sch. 2 para. 1(1) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(4) (with art. 29)

F4 Words in Sch. 2 para. 1(1) inserted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(5) (with art. 29)

F5 Words in Sch. 2 para. 1(1) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(6) (with art. 29)

F6 Words in Sch. 2 para. 1(1) substituted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(9) (with art. 29)

F7 Words in Sch. 2 para. 1(1) substituted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(10) (with art. 29)

F8 Words in Sch. 2 para. 1(1) substituted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(11) (with art. 29)

F9 Words in Sch. 2 para. 1(1) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(7) (with art. 29)

F10 Words in Sch. 2 para. 1(1) inserted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(12)(a) (with art. 29)

F11 Words in Sch. 2 para. 1(1) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(12)(b) (with art. 29)

F12 Words in Sch. 2 Pt. 1 para. 1(1) inserted (17.7.2009) by The Renewables Obligation (Scotland) Amendment Order 2009 (S.S.I. 2009/276), arts. 1, 2(2)(a)

F13 Words in Sch. 2 Pt. 1 para. 1(1) inserted (1.4.2011) by The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 17(a) (with art. 19)

F14 Words in Sch. 2 Pt. 1 para. 1(1) inserted (1.4.2011) by The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 17(b) (with art. 19)

F15 Words in Sch. 2 Pt. 1 para. 1(1) omitted (1.4.2011) by virtue of The Renewables Obligation (Scotland) Amendment Order 2011 (S.S.I. 2011/225), arts. 1, 17(c) (with art. 19)

F16 Words in Sch. 2 para. 1(1) substituted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(13) (with art. 29)

F17 Words in Sch. 2 para. 1(1) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(8) (with art. 29)

F18 Word in Sch. 2 para. 1(2)(a) omitted (1.4.2013) by virtue of The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(14) (with art. 29)

F19 Sch. 2 para. 1(2)(c)(d) inserted (1.4.2013) by The Renewables Obligation (Scotland) Amendment Order 2013 (S.S.I. 2013/116), arts. 1(1), 26(15) (with art. 29)