The Renewables Obligation (Scotland) Amendment Order 2013
1
Citation, commencement and interpretation
2
Amendment of the Renewables Obligation (Scotland) Order 2009
3
Interpretation
4
Biomass and fuels which are to be treated as biomass
5
Further provision in relation to the production of renewables obligation certificates
6
Circumstances in which no SROCs are to be issued in respect of electricity generated from renewable sources
7
Electricity generated by certain types of biomass station
8
SROCs to be issued by Authority in respect of a generating station’s renewable output
9
Calculating a generating station’s renewable output
10
Renewable output of a qualifying combined heat and power generating station
11
The amount of electricity to be stated in each SROC
12
Qualifying combined heat and power generating stations
13
Co-firing
14
Microgenerators
15
Generating stations which were accredited as at 11th July 2006
16
Offshore wind generating stations using 2006/10 wind turbines
17
Wave and tidal stream generating stations
18
Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009
19
Generating stations in respect of which a statutory grant has been awarded
20
Review of banding provisions
21
General criteria for the issue of SROCS
22
Information to be provided to the Authority where electricity is generated from biomass or fossil derived bioliquid
23
Bioliquid sustainability audit report
24
Registration as a grace period generating station
25
Modification of this Order in relation to microgenerators in certain circumstances
26
Part 1 of Schedule 2
27
Substitution of Part 2 of Schedule 2
28
Amount of electricity to be stated in SROCs issued for electricity generated using 2013/15 capacity, 2015/16 capacity or post-2016 capacity
29
Transitionals
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”) and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”) 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 inserted by this Order into article 54A of the Renewables Obligation (Scotland) Order 2009 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 , the National Consumer Council , electricity suppliers to whom this Order applies, and such generators of electricity from renewable sources and other persons as they considered appropriate.
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.
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.
OJ L 140, 5.6.2009, p.16.
S.S.I. 2009/140 as amended by S.S.I. 2009/276, 2010/147 and 2011/225.
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).
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).