The Renewables Obligation Order 2015

PART 11 Modifications and transitional provisions

Modification of this Order in relation to microgenerators in certain circumstances

94.—(1) The operator of a microgenerator or, where ROCs relating to microgenerators are to be issued to an agent by virtue of article 19, that agent (and not the operators of the generating stations in question) may—

(a) where ROCs have not yet been issued in respect of any electricity generated during the course of an obligation period by the station or stations in question, during the course of that obligation period, or

(b) in any other case, not less than one month before the beginning of an obligation period (“the relevant obligation period”),

give notice in writing to the Authority that entitlement to ROCs in respect of electricity generated by the station or stations in question is to be determined on the basis set out in the remainder of this article.

(2) Paragraph (3) applies where the operator or, as the case may be, agent (“the notice-giver”) has given notice—

(a) as specified in paragraph (1)(a), for the remainder of the obligation period during which the notice was given and subsequent obligation periods; or

(b) as specified in paragraph (1)(b), for the relevant obligation period and subsequent obligation periods.

(3) Where this paragraph applies, the reference to “month” in each place where it occurs in the definition of “permitted ancillary purposes” in article 2(1), in articles 2(2), 24, 26 to 32, 43, 45, 56, 60 and 80 and in Schedule 4 is to be taken to be a reference to “obligation period”, subject to the following exceptions—

(a) in articles 28(1)(b) and (2) and 80(2) and (3) the reference to “the second month” is to remain unchanged;

(b) in paragraph 3(b)(i) of Schedule 4, the words “the month and year” is to be replaced by “the obligation period”.

(4) A notice-giver may, by notice in writing to the Authority, withdraw the notice given under paragraph (2)—

(a) if the notice was given under paragraph (2)(a), not less than one month before the beginning of any obligation period following the obligation period during which the notice was given; or

(b) if the notice was given under paragraph (2)(b), not less than one month before the beginning of any obligation period following the relevant obligation period.

(5) Where a notice-giver withdraws a notice given under paragraph (2), that notice ceases to have effect from the beginning of the obligation period in relation to which the notice under paragraph (5) was given.

Revocation and savings

95.—(1) Subject to paragraphs (2) to (5)—

(a) the 2009 Order is revoked; and

(b) the following instruments amending the 2009 Order are revoked—

(i) the Renewables Obligation (Amendment) Order 2010(1),

(ii) the Renewables Obligation (Amendment) Order 2010(2),

(iii) the Renewables Obligation (Amendment) Order 2011(3), except for article 2,

(iv) the Renewables Obligation (Amendment) Order 2013(4), and

(v) the Renewables Obligation (Amendment) Order 2014(5).

(2) Subject to paragraphs (3), the 2009 Order continues to have effect in relation to—

(a) the issue and revocation of ROCs in respect of electricity generated before this Order came into force, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation;

(b) any obligations or requirements imposed on any person in respect of the obligation period ending on 31st March 2016, and anything which falls to be done or determined in relation to any such obligation or requirement;

(c) any obligations or requirements imposed on any person in respect of electricity generated before this Order came into force, and anything which falls to be done or determined in relation to any such obligation or requirement;

(d) any obligations and functions of the Authority in respect of the obligation period ending on 31st March 2016, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to that obligation period.

(3) Where the 2009 Order continues to have effect by virtue of paragraph (2), it is to apply as if in article 2 of the 2009 Order, for the definition of “ROC” there was substituted—

““ROC” means a renewables obligation certificate issued by the Authority under a renewables obligation order made by the Secretary of State;”.

(4) Without prejudice to the generality of paragraph (2)—

(a) Parts 2 and 8 and articles 53(5) and (6), 56(1) and (3), 57(1)(e) and (f) and (2) and 87(1) of, and Schedules 1 and 3 to, the 2009 Order continue to apply in relation to the obligation period ending on 31st March 2016;

(b) article 53(1) and (2) of the 2009 Order continues to apply for the purpose of enabling the Authority to request information in respect of the discharge of the renewables obligation;

(c) articles 54 and 54B of the 2009 Order continue to apply in relation to consignments of biomass used before this Order came into force;

(d) article 54A of the 2009 Order continues to apply in relation to consignments of bioliquid used before this Order came into force;

(e) article 57(1)(g) of the 2009 Order continues to apply in relation to compliance by designated electricity suppliers in respect of obligation periods ending on or before 31st March 2016.

(5) In this article—

“biomass”, “obligation period” and “renewables obligation” have the same meanings as in the 2009 Order.

Transitional provisions

96.—(1) In relation to the obligation period starting with 1st April 2016—

(a) in article 7(2) the renewables obligation is to produce the number of UK ROCs equal to the number of renewables obligations certificates determined in accordance with article 12 of the 2009 Order after 1st October 2014, (accordingly) articles 7(3) to 13 do not apply; and

(b) article 14(2) applies as if the reference to “the immediately preceding obligation period” were a reference to the period starting with 1st April 2015 and ending with 31st March 2016”.

(2) For the purposes of article 19(3), notifications given to the Authority include notifications given before this Order came into force.

(3) In relation to a notice given under article 19(3) on or after 1st April 2015 and before 1st April 2016, articles 19(5) and (6) apply as if the obligation period referred to in those paragraphs was the period starting with 1st April 2015 and ending with 31st March 2016.

(4) In articles 20, 21, 22, 23, 28, 42, 82 to 84 and 86(2) and 94, references to “obligation period” include the obligation period within the meaning of the 2009 Order which ends on 31st March 2016 (as if that Order had not been revoked).

(5) For the purposes of articles 20, 21, 22 or 23, in relation to the period starting with 1st April 2015 and ending with 31st March 2016, confirmations given to the Authority include a confirmation which is given on or after 1st April 2015 and before this Order came into force.

(6) For the purposes of article 24, confirmations provided to the Authority under Part 4 include confirmations provided to the Authority under Part 7 of the 2009 Order.

(7) For the purposes of article 35, a declaration is to be treated as having been made in accordance with article 35(7) regardless of whether it was made before this Order came into force.

(8) For the purposes of articles 44, 45 and 91, a wind turbine registered under article 58A of the 2009 Order is to be treated as having been registered under article 91.

(9) For the purposes of article 45, generating capacity registered under article 58B of the 2009 Order is to be treated as having been registered under article 92.

(10) For the purposes of articles 45 and 50, a CFD transfer notice includes a CFD transfer notice within the meaning of article 21B(4) of the 2009 Order (as if that Order had not been revoked) which was given to the Authority before this Order came into force.

(11) For the purpose of articles 51(2)(b) and 81, notifications (and notices under article 81(3)) given to the Authority include notifications or notices given before this Order came into force.

(12) Articles 82 to 84 do not apply to consignments of biomass or bioliquid used before this Order came into force.

(13) In relation to biomass used before 1st April 2016, paragraph 2 of Schedule 2 has effect as if for sub-paragraph (b)(iii) there were substituted—

“(iii) the average greenhouse gas emissions from the relevant biomass used by the station to generate electricity during the period from the day this Order comes into force to 31st March 2016 are equal to, or less than, the relevant target.”.

(14) In paragraph (1) “renewables obligation certificate” has the same meaning as in the 2009 Order.

Consequential amendments to the Renewables Obligation Closure Order 2014

97.—(1) The Renewables Obligation Closure Order 2014(6) is amended as follows.

(2) In article 2(1)—

(a) in the definitions of “accredited”, ““commission” and “commissioned”” and “RO capacity”, for “Renewables Obligation Order 2009” substitute “Renewables Obligation Order 2015”;

(b) for ““relevant fossil fuel generating station” has the same meaning as in Schedule 2 to the Renewables Obligation Order 2009.” substitute ““relevant fossil fuel station” has the same meaning as in Schedule 5 to the Renewables Obligation Order 2015;”;

(c) at the appropriate places insert—

““landfill” has the meaning given in Article 2(g) of Council Directive 1999/31/EC(7);”;

““regular biomass” means biomass and bioliquids;”; and

““waste” has the meaning given in section 75(2) of the Environmental Protection Act 1990(8) but does not include gas derived from landfill sites or gas produced from the treatment of sewage.”.

(3) In article 2(2)—

(a) for “2009” substitute “2015”;

(b) omit ““regular biomass”;” and ““waste””; and

(c) after “total installed capacity” omit “;”.

(4) In article 2B(6) for “2009” substitute “2015”.

(5) In articles 8(1)(a)(i) and 12(1)(a)(ii) for “fossil fuel generating station” substitute “fossil fuel station”.

(6) In article 11(b), for “Schedule 2 to the Renewables Obligation Order 2009” substitute “Schedule 5 to the Renewables Obligation Order 2015”.

(7) In article 13(10) in the definition of “offshore waters” for “2009” substitute “2015”.

(1)

S.I. 2010/829.

(2)

S.I. 2010/1107.

(3)

S.I. 2011/984.

(4)

S.I. 2013/768.

(5)

S.I. 2014/893.

(6)

S.I. 2014/2388, amended by S.I. 2015/920.

(7)

OJ No L 182, 16.7.1999, p1.

(8)

1990 c.43. Section 75(2) has been amended by paragraph 3(8) of Schedule 4(1) to the Waste (England and Wales) Regulations 2011/988.