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The Renewables Obligation Order 2015

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Renewables Obligation Order 2015 No. 1947

  1. Introductory Text

  2. PART 1

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 3.Biomass and fuels which are to be treated as biomass

    4. 4.Fossil derived bioliquid

    5. 5.Waste as a renewable source

    6. 6.Grace period generating stations

  3. PART 2

    1. 7.The renewables obligation

    2. 8.Part of calculation A referable to Great Britain

    3. 9.Part of calculation A referable to Northern Ireland

    4. 10.Calculation A

    5. 11.Calculation B

    6. 12.Determining the total number of UK ROCs to be produced in an obligation period

    7. 13.Determining the number of UK ROCs to be produced by a designated electricity supplier in order to discharge its renewables obligation

    8. 14.Further provision in relation to the production of UK ROCs

  4. PART 3 ROCs

    1. 15.Matters to be certified by ROCs

    2. 16.When electricity is to be regarded as supplied to customers in Great Britain or Northern Ireland

    3. 17.When electricity is used in a permitted way for ROCs certifying matters within section 32B(7) or (8) of the Act

  5. PART 4 ROCs

    1. 18.Issue of ROCs to generators and suppliers

    2. 19.Issue of ROCs to agents

    3. 20.Confirmations required from the person being issued with a ROC

    4. 21.Further confirmations required for ROCs certifying matters within section 32B(3) and (5) of the Act where electricity generated otherwise than on land

    5. 22.Further confirmations required for ROCs certifying matters within section 32B(3) to (6) of the Act

    6. 23.Further confirmations required for ROCs certifying matters within section 32B(5), (6) and (8) of the Act

    7. 24.Refusing to issue and revoking ROCs

    8. 25.Where ROCs cannot be revoked

  6. PART 5

    1. 26.Meaning of RO input electricity

    2. 27.Meaning of RO output electricity

    3. 28.ROCs to be issued by the Authority in respect of a generating station’s RO eligible renewable output

    4. 29.Calculating a generating station’s RO eligible renewable output

    5. 30.Calculating the RO eligible renewable output of a qualifying CHP station

  7. PART 6

    1. 31.Calculating the amount of electricity generated by a particular category of generating capacity

    2. 32.Calculating the amount of electricity generated in a particular way

    3. 33.The amount of electricity to be stated in each ROC

    4. 34.Microgenerators

    5. 35.Electricity generated by qualifying CHP stations

    6. 36.Low-range co-firing of relevant energy crops

    7. 37.Generating stations which were accredited as at 11th July 2006

    8. 38.Landfill gas and sewage gas generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009

    9. 39.Offshore wind turbines installed between 2006 and 2010

    10. 40.Wave and tidal stream generating stations

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

    12. 42.Review of banding provisions

  8. PART 7 ROC

    1. 43.Generating stations not compliant with accreditation or metering requirements

    2. 44.Maximum period of eligibility for ROCs

    3. 45.Generating stations using excluded capacity to generate electricity

    4. 46.Generating stations located outside England and Wales

    5. 47.Electricity supplied to customers in Northern Ireland

    6. 48.Combustion units in relation to which a capacity agreement has been issued

    7. 49.Electricity in respect of which a CFD or investment contract applies

    8. 50.Combustion units in relation to which a CFD or investment contract has been entered into

    9. 51.Generating stations supported or potentially eligible for support under a feed-in tariff scheme

    10. 52.Generating stations in respect of which a NFFO arrangement applied but was terminated

    11. 53.Non-commissioned generating stations in respect of which a NFFO arrangement applies

    12. 54.Large hydro generating stations first commissioned on or before 1st April 2002

    13. 55.Generating stations first commissioned before 1st January 1990

    14. 56.Generating stations using peat

    15. 57.Generating stations using landfill gas

    16. 58.Generating stations using gaseous fuel produced by means of gasification or pyrolysis

    17. 59.Generating stations using Solid Recovered Fuel

    18. 60.Generating stations using waste or fossil fuel

    19. 61.Circumstances in which ROCs must not be issued in respect of electricity generated from bioliquid

    20. 62.Common agricultural policy requirements in the case of bioliquids

    21. 63.Circumstances in which ROCs must not be issued in respect of electricity generated from solid or gaseous biomass

    22. 64.Cases where a renewables obligation certificate has already been issued

    23. 65.Cases and circumstances when a ROC must not be issued: general provisions

  9. PART 8

    1. 66.Interpretation

    2. 67.Payments to discharge the renewables obligation

    3. 68.Late payments to discharge the renewables obligation

    4. 69.Dealing with the buy-out fund: payments into the Consolidated Fund and to the Northern Ireland authority

    5. 70.Dealing with the late payment fund: payments into the Consolidated Fund and to the Northern Ireland authority

    6. 71.Dealing with the buy-out and late payment funds: payments to UK suppliers

    7. 72.Determining whether a relevant shortfall has occurred

    8. 73.Calculating the total mutualisation sum in the case of a relevant shortfall

    9. 74.Payments to be made by suppliers towards the total mutualisation sum

    10. 75.Circumstances in which payments towards the total mutualisation sum are to be re-calculated

    11. 76.Re-calculated payments to be made by suppliers towards the total mutualisation sum and repayments by the Authority

    12. 77.Payments to be made to suppliers out of the mutualisation fund

  10. PART 9

    1. 78.Provision of information required by the Authority to carry out its functions

    2. 79.Provision of information to determine whether a supplier is discharging its renewables obligation

    3. 80.Provision of information to determine whether a ROC is to be, or should have been, issued

    4. 81.Notification by the operator of a low-range co-firing combustion unit

    5. 82.Information to be provided to the Authority where electricity is generated from biomass

    6. 83.Bioliquid sustainability audit report

    7. 84.Solid and gaseous biomass sustainability audit report

  11. PART 10

    1. 85.Determination of matters by the Authority

    2. 86.Functions of the Authority

    3. 87.Exchange of information with the Northern Ireland Authority

    4. 88.Preliminary accreditation of generating stations

    5. 89.Accreditation of generating stations

    6. 90.Preliminary accreditation and accreditation: common provisions

    7. 91.Registration of offshore wind turbines

    8. 92.Registration of additional capacity

    9. 93.ROC Register

  12. PART 11

    1. 94.Modification of this Order in relation to microgenerators in certain circumstances

    2. 95.Revocation and savings

    3. 96.Transitional provisions

    4. 97.Consequential amendments to the Renewables Obligation Closure Order 2014

  13. Signature

    1. SCHEDULE 1

      GREENHOUSE GAS CRITERIA FOR BIOLIQUID

      1. 1.Interpretation

      2. 2.The greenhouse gas criteria

      3. 3.Calculating the percentage difference

      4. 4.The mixed value method must not be used for the...

      5. 5.Where the mixed value method is used for the purposes...

      6. 6.The default percentage must not be used in relation to...

    2. SCHEDULE 2

      GREENHOUSE GAS CRITERIA FOR SOLID AND GASEOUS BIOMASS

      1. PART 1 Greenhouse gas criteria

        1. 1.Interpretation

        2. 2.The greenhouse gas criteria

        3. 3.Calculating the greenhouse gas emissions

        4. 4.The default value method must not be used to calculate...

        5. 5.For the purposes of paragraph 4(c), paragraph 7 of Part...

      2. PART 2 Actual value method

        1. 6.Where the greenhouse gas emissions from the use of biomass...

        2. 7.In paragraph 6— (a) η el is equal to A...

      3. PART 3 Default value method

        1. 8.The greenhouse gas emissions from the use of biomass are...

        2. 9.In paragraph 8— (a) η el , η h and...

      4. PART 4 Default greenhouse gas emissions from the production of biomass

    3. SCHEDULE 3

      LAND CRITERIA

      1. 1.Interpretation

      2. 2.Land criteria: bioliquids

      3. 3.Land criteria: woody biomass

      4. 4.Land criteria: other fuels

      5. 5.Protected sources

      6. 6.Sustainable source

      7. 7.Exempt purposes

    4. SCHEDULE 4

      THE ROC REGISTER

      1. 1.The Register must be at one or more of the...

      2. 2.The Register must identify whether or not a ROC subsists...

      3. 3.Particulars of a ROC comprise— (a) the name of the...

      4. 4.A person may only be the registered holder of a...

      5. 5.The Authority may from time to time draw up procedural...

      6. 6.The Authority must delete from the Register—

      7. 7.Where the registered holder of a ROC and a person...

      8. 8.Where the Authority receives requests under paragraph 7(b) it must...

      9. 9.Where— (a) a ROC is issued under this Order, or...

      10. 10.The substitute cannot be the registered holder of a ROC...

      11. 11.The Register may be amended by a decision of the...

      12. 12.The contents of the Register (including the entries referred to...

      13. 13.Where any person considers that an entry maintained in respect...

      14. 14.The Authority must in any procedural guidelines which it produces...

      15. 15.In this Schedule, “banking day” means a day on which...

    5. SCHEDULE 5

      ELECTRICITY TO BE STATED IN ROCs

      1. PART 1 INTERPRETATION

        1. 1.(1) In this Schedule— “2009/11 dedicated biomass station” means a...

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

      3. PART 3 AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING 2013/14 CAPACITY, 2014/15 CAPACITY, 2015/16 CAPACITY OR POST-2016 CAPACITY

      4. PART 4 AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED BY MICROGENERATORS TO WHICH ARTICLE 34 APPLIES

      5. PART 5 AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY OR 2013/15 CAPACITY WHERE ARTICLE 35(3) OR (4) APPLIES

      6. PART 6 AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 35(5) APPLIES

      7. PART 7 AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 35(6) APPLIES

  14. Explanatory Note

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