The Renewables Obligation (Scotland) Order 2009

Made: 31st March 2009

Coming into force in accordance with Article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 32 to 32M of the Electricity Act 1989 and all other powers enabling them to do so.

In accordance with section 32L(3) of that 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 that Act the Scottish Ministers have had regard to the matters referred to in that section.

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

PART 1 — Introductory provisions

Citation and commencement

1

This Order may be cited as the Renewables Obligation (Scotland) Order 2009 and comes into force on the day after the day on which it is made.

Interpretation

2

• (1) In this Order–

• “2013/14 capacity” means—in relation to a generating station accredited on or before 31st March 2013, any capacity which—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; anddoes not form part of the capacity of the station as accredited;in relation to a generating station which is registered under article 58ZA as a grace period generating station, any capacity which—in the Authority’s view, forms part of the station from a date no later than 31st March 2014; anddoes not form part of the capacity of the station as accredited;in relation to a generating station which—was not accredited on or before 31st March 2013;was accredited on or before 31st March 2014; andis 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—2013/14 capacity; or2014/15 capacity;

• “2014/15 capacity” means—in relation to a generating station accredited on or before 31st March 2014, any capacity which—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; anddoes not form part of the capacity of the station as accredited;in relation to a generating station which—was not accredited on or before 31st March 2014; andwas 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—in relation to a generating station accredited on or before 31st March 2015, any capacity which—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; anddoes not form part of the capacity of the station as accredited;in relation to a generating station which—was not accredited on or before 31st March 2015; andwas 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;

• “the Act” means the Electricity Act 1989;

• “the 2007 Order” means the Renewables Obligation (Scotland) Order 2007 ;

• “the 2015 Order” means the Renewables Obligation Order 2015;

• “accreditation” in relation to a generating station, means accreditation of the station as one which is capable of generating electricity from renewable sources by the Authority or the Northern Ireland authority (and includes accreditation granted before 1st April 2009) and “accredited” should be construed accordingly;

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

• “anaerobic digestion” means the bacterial fermentation of organic material in the absence of free oxygen;

• “animal excreta” means excreta produced by animals and includes biomass wholly derived from excreta produced by animals;

• “biomass” is to be construed in accordance with article 4;

• “biomaterial” means the biodegradable part of—products, waste and residues of biological origin resulting from agriculture (including vegetal and animal substances), forestry and related industries (including fisheries and aquaculture); andindustrial, commercial and municipal waste;

• “CEN/TS 15359:2006” means the document identified by Standard Number DD CEN/TS 15359 and entitled “Solid recovered fuels. Specifications and classes.” published by the European Committee for Standardisation on 30th June 2006 ;

• “CEN/TS 15402:2006” means the document identified by Standard Number DD CEN/TS 15402 and entitled “Solid recovered fuels. Methods for the determination of the content of volatile matter.” published by the European Committee for Standardisation on 30th November 2006 ;

• “CEN/TS 15415:2006” means the document identified by Standard Number DD CEN/TS 15415 and entitled “Solid recovered fuels. Determination of particle size and particle size distribution by screen method.” published by the European Committee for Standardisation on 30th November 2006 ;

• “CEN/TS 15590:2007” means the document identified by Standard Number DD CEN/TS 15590 and entitled “Solid recovered fuels. Determination of potential rate of microbial self heating using the real dynamic respiration index.” published by the European Committee for Standardisation on 29th June 2007 ;

• “CFD” has the meaning given in section 6(2) of the Energy Act 2013 (regulations to encourage low carbon electricity generation);

• “CHPQA” means the Combined Heat and Power Quality Assurance Standard, Issue 6, October 2016 and Guidance Note 44 (Use of CHPQA in respect of the Renewables Obligation and Contracts for Difference), Issue 6, October 2016;

• “civil works”, in relation to a hydro generating station, are to be regarded as all man made structures, and man made works for holding water which are located on the inlet side of a turbine (turbine A), excluding any such structures or works which supply another turbine before water is supplied to the structures and works which supply turbine A;

• “combined heat and power generating station” means a station which generates electricity and is (or may be) operated for purposes including the supply to any premises of–heat produced in association with electricity; orsteam produced from, or air or water heated by, such heat;

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

• “commissioned”, in relation to a generating station, means the completion of such procedures and tests in relation to that station as constitute, at the time they are undertaken, the usual industry standards and practices for commissioning that type of station in order to demonstrate that that station is capable of commercial operation;

• “connected person”, in relation to the owner or operator of a generating station, or any party to a NFFO arrangement, means any person connected to the owner, operator or party within the meaning of section 1122 of the Corporation Tax Act 2010;

• “declared net capacity” in relation to a generating station, means the maximum capacity at which the station 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) less the amount of electricity that is consumed by the plant;

• “demonstration lease” means a lease granted by the Crown Estate Commissioners or a relevant person, one of whose purposes is testing, demonstrating and approving the viability of a wind turbine;

• “designated electricity supplier” is to be construed in accordance with article 5(1);

• “EII excluded electricity” means electricity which constitutes EII excluded electricity within the meaning of regulation 6(1) of the Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015;

• “electricity interconnector” means so much of an electric line or other electric plant as subsists wholly or primarily for the purposes of the conveyance of electricity between a transmission or distribution system in Great Britain and an equivalent system in another country (including Northern Ireland);

• “energy content”, in relation to any substance, means the energy contained within that substance (whether measured by a calorimeter or determined in some other way) expressed in terms of the substance's gross calorific value within the meaning of British Standard BS 7420:1991 (Guide for determination of calorific values of solid, liquid and gaseous fuels (including definitions) published by the British Standards Institution on 28th June 1991 );

• “energy crops” means—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—Acer pseudoplatanus (also known as sycamore);Alnus (also known as alder);Betula (also known as birch);Castanea sativa (also known as sweet chestnut);Corylus avellana (also known as hazel);Fraxinus excelsior (also known as ash);Populus (also known as poplar);Salix (also known as willow); orTilia cordata (also known as small-leaved lime); ora perennial crop which is one of the following—Arundo donax (also known as giant reed);Bambuseae, where the crop was planted after 31st December 1989 and is grown primarily for the purpose of being used as a fuel;Miscanthus;Panicum;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)); orPhalaris;

• “excepted generating station” means a generating station—which was accredited on or before 31st March 2011;which, since being accredited, has not ceased to be accredited at any time; andin respect of which, if it was not accredited as at 31st March 2009, preliminary accreditation was held on and from that date until the date on which it was accredited;

• “excluded capacity” means—generating capacity which in the Authority’s view—formed part of a generating station from a date no earlier than 1st April 2014;does not form part of the capacity of the station as accredited;is not registered under article 58B (registration of additional capacity); andis not a wind turbine forming part of a generating station which is offshore; in relation to a large hydro generating station, generating capacity which in the Authority’s view—formed part of the station from a date no earlier than 20th November 2018; anddoes not form part of the capacity of the station as accredited;a wind turbine which in the Authority’s view—is not registered under article 58A (registration of offshore wind turbines);forms part of a generating station which is offshore; andwhere the generating station was accredited as at 31st March 2011, is a registrable additional turbine; ora combustion unit in relation to which a CFD transfer notice has come into force, and for the purposes of this definition—“CFD transfer notice” has the meaning given in article 21B(4) (combustion units in relation to which a CFD or investment contract has been entered into); andthe date on which a CFD transfer notice comes into force is to be determined in accordance with article 21B(8);

• “fossil derived bioliquid” means bioliquid produced directly or indirectly from—coal,lignite,natural gas (within the meaning of the Energy Act 1976),crude liquid petroleum, orpetroleum products (within the meaning of the Energy Act 1976);

• “gasification” means the substoichiometric oxidation or steam reformation of a substance to produce a gaseous mixture containing two or all of the following: oxides of carbon, methane and hydrogen;

• “greenhouse gas emission criteria” means—in the case of bioliquid, the criteria set out in Schedule A1 (greenhouse gas emission criteria for bioliquid); andin all other cases, the criteria set out in Part 1 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass);

• “hazardous waste” is as defined in Articles 3(2) and 7 of Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as amended by Commission Regulation (EU) No 1357/2014 replacing Annex III of Directive 2008/98/EC;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “hydro generating station” means a generating station driven by water (other than a generating station driven by tidal flows, waves, ocean currents or geothermal sources) and includes all turbines supplied with water by or from the same civil works, except any turbine driven by a compensation flow supplied by or from those civil works in a natural water course where there is a statutory obligation to maintain that compensation flow in that water course (in which case that turbine and associated infrastructure is to be regarded as a separate hydro generating station);

• “investment contract” has the meaning given in paragraph 1 of Schedule 2 to the Energy Act 2013 (meaning of “investment contract”);

• “ISAE 3000” means the International Standard on Assurance Engagements 3000 promulgated by the International Federation of Accountants;

• “land criteria” means the criteria set out in Schedule A2;

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

• “landfill gas” means gas formed by the digestion of material in a landfill;

• “large hydro generating station” means a hydro generating station which has, or has had at any time since 1st April 2002, a declared net capacity of more than 20 megawatts;

• “linked person” in relation to a person who is a party to a NFFO arrangement (“the first person”) means another person who has given or who has arranged to give to the first person or has ensured or arranged to ensure that the first person is given a financial or other inducement relating to any right or interest in, or in respect of, the construction or operation of a generating station at the location;

• “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;

• “micro hydro generating station” means a hydro generating station which–has a declared net capacity of 1.25 megawatts or less;has always been in private ownership and operation; andhas never generated electricity under an arrangement which has been a qualifying arrangement as defined in section 33 of the Act (as that section was originally enacted);

• “municipal waste” means—waste from households; andother waste that, because of its nature or composition, is similar to waste from households;

• “national system operator” has the meaning given in section 8(3) of the Energy Act 2013 (duties of a CFD counterparty);

• “NFFO arrangement” means an arrangement which was originally made pursuant to a Non-Fossil Fuel Order (and includes any replacement of such an arrangement where that replacement was made pursuant to an order made under section 67 of the Utilities Act 2000 );

• “NIRO Order” means any order made under Article 52 to 55F of the Northern Ireland Energy Order;

• “nominated person” has the same meaning as it has in the Electricity from Non-Fossil Fuel Sources Saving Arrangements Order 2000 or in the Electricity from Non-Fossil Fuels Sources (Scotland) Saving Arrangements Order 2005 (as the case may be);

• “Non-Fossil Fuel Order” means any of the following Orders: the Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1994 ; the Electricity (Non-Fossil Fuel Sources) (Scotland) Order 1994 ; the Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1997 ; the Electricity (Non-Fossil Fuel Sources) (Scotland) Order 1997 ; the Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1998 ; and the Electricity (Non-Fossil Fuel Sources) (Scotland) Order 1999 ;

• “Northern Ireland certificate” means a renewables obligation certificate issued by the Northern Ireland authority under the Northern Ireland Energy Order and pursuant to a NIRO Order;

• “Northern Ireland Energy Order” means the Energy (Northern Ireland) Order 2003 ;

• ...

• “obligation period” means any of the periods referred to in the first column of Schedule 1;

• “offshore”, in relation to a generating station which generates electricity from wind, means a generating station which—has its wind turbines situated wholly in offshore waters; andis not connected to dry land by means of a permanent structure which provides access to land above the mean low water mark;

• “offshore waters” means–waters in or adjacent to the United Kingdom which are between the mean low water mark and the seaward limits of the territorial sea; andwaters within an area designated under section 1(7) of the Continental Shelf Act 1964 ;

• “on land”, in relation to the location of a generating station, means wholly or partly on land above mean high water level;

• “permitted ancillary purposes” is to be construed in accordance with article 22(3) (fossil fuel or waste used for permitted ancillary purposes);

• “plant”, with reference to crops or plant matter, includes shrubs and trees;

• “post-2016 capacity” means—in relation to a generating station accredited on or before 31st March 2016, any capacity which—in the Authority’s view, forms part of the station from a date no earlier than 1st April 2016; anddoes not form part of the capacity of the station as accredited;in relation to a generating station which—is accredited; andwas 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—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;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;

• “preliminary accreditation” in relation to a generating station, means accreditation of the station as one which (when commissioned) will be capable of generating electricity from renewable sources by the Authority or the Northern Ireland authority (and includes a preliminary accreditation granted before 1st April 2009);

• “pyrolysis” means the thermal degradation of a substance in the absence of any oxidising agent (other than that which forms part of the substance itself) to produce char and one or both of gas and liquid;

• “qualifying combined heat and power generating station” means a combined heat and power generating station which has been accredited under the CHPQA;

• “qualifying power output”, in relation to a qualifying combined heat and power generating station, has the meaning given to it in the CHPQA;

• “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;

• “Register” has the meaning given to it in article 59(1);

• “registered holder” has the meaning given to it in paragraph 3(a) of Schedule 4;

• “registrable additional turbine” means a wind turbine which—forms part of the capacity of a generating station which is offshore;does not form part of the capacity of the station as accredited; andwas not used to generate electricity before 1st April 2011;

• “regular biomass” means biomass other than–sewage gas;landfill gas; advanced fuel; energy crops; orfuel produced by means of anaerobic digestion...;

• “relevant electricity” means—in respect of—any obligation period in respect of which article 12A applies; orany month of an obligation period in respect of which a revised obligation level applies in accordance with article 12B(6)(a)(ii) or (b)(ii) or (7)(a) or (b)(ii),any electricity supplied to customers in Scotland other than EII excluded electricity; andin respect of any other period, any electricity supplied to customers in Scotland;

• “relevant material” is to be construed in accordance with article 4(1A)(a);

• “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests;

• “relevant target” has the meaning given by paragraph 1 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass);

• “Renewable Energy Zone” has the same meaning as in section 84 of the Energy Act 2004 ;

• “Renewables Directive” means Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, and in article 54A and Schedules A1 and A2 to this Order references to Annex 5 to the Renewables Directive are to Annex 5 as amended from time to time;

• “renewables obligation” has the meaning given to it in article 5;

• “renewables obligation certificate” means–a renewables obligation certificate issued by the Authority under a renewables obligation order made by the Scottish Ministers;a renewables obligation certificate issued by the Authority under a renewables obligation order made by the Secretary of State; ora Northern Ireland certificate;

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• “Respiratory Index” means the rate of oxygen uptake expressed in milligrams of oxygen per kilogram of volatile solids per hour;

• “retail prices index” means–the general index of retail prices (for all items) published by the Office of National Statistics; orwhere the index is not published for a year, any substituted index or figures published by that Office;

• ...

• “RO capacity”, in relation to a generating station, means the generating capacity of the station other than excluded capacity;

• “RO eligible renewable output” is to be construed in accordance with articles 25 (calculating a generating station’s RO eligible renewable output) and 26 (RO eligible renewable output of a qualifying combined heat and power generating station);

• “Solid Recovered Fuel” means solid fuel which–complies with the classification and specification requirements in CEN/TS 15359:2006;is prepared from a waste which is not a hazardous waste;has a maximum Respiratory Index value of no more than 1500 milligrams of oxygen per kilogram of volatile solids per hour when measured using the real dynamic respiration test specified in CEN/TS 15590:2007; andwhen subject to a methodology for the determination of particle size in accordance with CEN/TS 15415:2006 is able to pass through an opening measuring no more than 150 millimetres in all dimensions;

• “SROC” means a renewables obligation certificate issued by the Authority under a renewables obligation order made by the Scottish Ministers;

• “SROC identifier” has the meaning given by paragraph 3(b) of Schedule 4;

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

• “specified day”, in relation to an obligation period, means the 1st September immediately following it;

• “sustainability information” means information submitted to the Authority by the operator of a generating station for the purpose of demonstrating that a bioliquid meets the greenhouse gas emission criteria and the land criteria;

• “total input electricity”, in relation to a generating station, means—the total amount of electricity used by the station for purposes directly related to its operation (including for fuel handling, fuel preparation, maintenance and the pumping of water) whether or not that electricity is generated by the station or used while the station is generating electricity; andwhere the station generates electricity wholly or partly from hydrogen (other than hydrogen that constitutes fossil fuel), any electricity—in respect of which SROCs are or have been issued;in respect of which SROCs cannot be issued by virtue of any provision of Part 4 (cases and circumstances when a SROC must not be issued); orwhich was not generated from renewable sources;and which is used in the production of that hydrogen (regardless of where or by whom the hydrogen is produced);

• “total installed capacity” in relation to references to a generating station or to generating capacity of any description means the maximum capacity at which that generating station or 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);

• “total output electricity”, in relation to a generating station, means the total amount of electricity generated by that station;

• “total power output”, in relation to a qualifying combined heat and power generating station, has the meaning given to it in the CHPQA;

• “transmission or distribution system” means a transmission or distribution system within the meaning of Part 1 of the Act or an equivalent system in Northern Ireland;

• “volatile solids” means any mass loss, corrected for moisture, when a solid is heated out of contact with air under the specified conditions and using the methods in CEN/TS 15402:2006; and

• “waste” has the meaning given in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste but—also includes anything derived from waste; and does not include landfill gas, sewage gas or any substance intentionally modified or contaminated to fall within the meaning of “waste” given in Article 3(1) of that Directive.

• (2) Where–

• (a) waste, fossil derived bioliquid or biomass is used in a generating station (whether alone or together or in combination with another fuel);

• (b) a proportion of that waste, fossil derived bioliquid or biomass is, or is derived from, fossil fuel; and

• (c) in any month during which that waste, fossil derived bioliquid or biomass is used that proportion varies,

references in this Order to the energy content of that waste, fossil derived bioliquid or biomass and fossil fuel are references to the overall energy content of that waste, fossil derived bioliquid or biomass and fossil fuel used to fuel the generating station during that month.

• (3) Where two or more of the fuels listed in paragraph (4) are mixed together to form one substance which is then used in a generating station to generate electricity, the provisions of this Order apply in relation to the electricity so generated in the same way as they would apply if the electricity had been generated using those fuels without mixing them together.

• (4) The fuels referred to in paragraph (3) are—

• (a) fossil derived bioliquid;

• (b) bioliquid (not being fossil derived bioliquid);

• (c) biomass (not being bioliquid);

• (d) waste which constitutes a renewable source (not being bioliquid or biomass); and

• (e) fossil fuel including waste (other than waste falling within sub-paragraphs (a) to (d)).

• (5) Any reference in this Order to the provision of information “in writing” includes the provision of such information by electronic mail, facsimile or similar means which are capable of producing a document containing the text of any communication.

• (6) Any reference in this Order to the supply of electricity made to customers in Northern Ireland is to be construed in accordance with the definition of “supply” in Article 3 of the Electricity (Northern Ireland) Order 1992 .

• (7) Any reference in this Order to a numbered Schedule is a reference to the Schedule bearing that number in this Order.

• (8) Any reference in this Order to a “type of generating capacity” is to be construed in accordance with article 25(9) (calculating a generating station’s RO eligible renewable output).

• (9) A reference in this Order to residue does not, in the case of residue from processing, include a reference to any substance that is a primary aim of a production process or that the process has been deliberately modified to produce.

Waste as a renewable source

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• (1) For the purposes of sections 32 to 32M of the Act and this Order, the term “renewable sources” includes waste of which not more than 90 per cent is waste which is, or is derived from, fossil fuel.

• (2) The proportion of waste which is, or is derived from, fossil fuel–

• (a) is to be determined by the Authority, and

• (b) is—

• (i) for any waste that is a fossil derived bioliquid, the energy content of the fossil fuel from which the fossil derived bioliquid is directly or indirectly produced expressed as a percentage of the energy content of that fossil derived bioliquid as a whole;

• (ii) for all other waste, the energy content of the fossil fuel from which the waste is in part composed or derived expressed as a percentage of the energy content of that waste as a whole.

• (3) Where waste is used (whether on its own or not) to fuel a generating station, it is for the operator of the generating station to demonstrate to the Authority's satisfaction what proportion of the waste is, or is derived from, fossil fuel.

• (4) Without prejudice to paragraph (3), when determining that proportion the Authority is entitled to have regard to any material (whether or not produced to it by the operator of the generating station) if, in its opinion, that material may indicate what proportion of the waste is, or is derived from, fossil fuel.

• (5) Where the operator of a generating station in which municipal waste is used satisfies the Authority–

• (a) by reference to data published by an allocating authority, a waste disposal authority or a waste collection authority, that the proportion of the municipal waste so used which is, or is derived from, fossil fuel, is unlikely to exceed 50 per cent; and

• (b) that the municipal waste so used has not been subject to any process before being so used that is likely to have materially increased that proportion,

that constitutes sufficient evidence of the fact that the proportion of the municipal waste so used which is, or is derived from, fossil fuel is 50 per cent.

• (6) Where–

• (a) municipal waste is used in a generating station and–

• (i) the Authority is not satisfied as to the matters identified in paragraph (5); or

• (ii) the operator of the station claims that the proportion of that waste which is, or is derived from, fossil fuel is less than 50 per cent; or

• (b) waste (not being municipal waste) is used in a generating station and the Authority is not satisfied as to what proportion of the waste is, or is derived from, fossil fuel,

the Authority may require the operator of the generating station to arrange for samples of any fuel used (or to be used) in the station, or of any gas or other substance produced as a result of the use of such fuel, to be taken by a person, and analysed in a manner approved by the Authority, and for the results of that analysis to be made available to the Authority.

• (7) In this article–

• “allocating authority” ... and “waste disposal authority” have the same meaning as in Chapter 1 of Part 1 of the Waste and Emissions Trading Act 2003; and

• “waste collection authority” has the same meaning as in Part 2 of the Environmental Protection Act 1990.

Biomass and fuels which are to be treated as biomass

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• (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, algae or bacteria (“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 relevant material;

• (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.

• (2) For the purposes of this Order except for article 54 (information to be provided to the Authority where electricity is generated from biomass), a fuel which is used in a generating station with biomass but which is not biomass (including, where two or more of the fuels listed in article 2(4) are mixed together before being so used, each of those fuels which is not biomass) is to be treated as biomass if–

• (a) the energy content of the fuel is derived in part from relevant material and in part from fossil fuel;

• (b) either–

• (i) the fossil fuel is present in it following a process–

• (aa) to which its relevant material has been subject; and

• (bb) 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; or

• (ii) it is waste and the fossil fuel forming part of it was not added to it with a view to its being used as a fuel; and

• (c) at least 90 per cent of the total energy content of the fuel and the biomass with which the fuel is used is derived from relevant material.

• (3) Accordingly, any reference in this Order to biomass, other than in article 54, is to be construed as a reference to biomass or fuel which (by virtue of paragraph (2)) is to be treated as biomass.

• (4) Where biomass (not being waste or fossil derived bioliquid) is used, whether on its own or not, to fuel a generating station and a proportion of it is composed of fossil fuel, the proportion of it which is composed of fossil fuel–

• (a) is to be determined by the Authority; and

• (b) is the energy content of the fossil fuel from which it is in part composed expressed as a percentage of its energy content as a whole.

• (5) It is for the operator of the generating station to demonstrate to the Authority's satisfaction what proportion of the biomass is fossil fuel.

• (6) When determining that proportion the Authority is entitled to have regard to any material (whether or not produced to it by the operator of the generating station) if, in its opinion, that material may indicate what proportion of the biomass is fossil fuel.

• (7) For the purposes of this article, fossil fuel is not to be regarded as being derived directly or indirectly from relevant material.

PART 2 — The renewables obligation

The renewables obligation

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• (1) The renewables obligation is imposed on each electricity supplier supplying electricity to customers in Scotland (a “designated electricity supplier”).

• (2) The renewables obligation is that, subject to articles 43 and 44, each designated electricity supplier must, by the specified day, produce to the Authority, in respect of each megawatt hour of relevant electricity that it supplies during an obligation period–

• (a) subject to sub-paragraph (b), the number of renewables obligation certificates determined in accordance with article 12, 12A , 12B or 12C, as the case may be;

• (b) where the obligation period commences on 1st April 2009, 0.097 renewables obligation certificates for each megawatt hour so supplied.

• (3) To enable the number referred to in paragraph (2)(a) to be determined, the Scottish Ministers must first determine for the obligation period in question, calculations A and B and the total number of renewables obligation certificates required to be produced by designated electricity suppliers in accordance with articles 6 to 11.

• (4) Where the number of renewables obligation certificates that a designated electricity supplier is required to produce by virtue of paragraph (2) is not a whole number, it is to be rounded to the nearest whole number (one half being rounded upwards).

• (5) For the purposes of this Order, electricity generated by a generating station which cannot be shown to have been supplied to customers in Scotland, is to be regarded as having been so supplied if and to the extent that the condition in paragraph (6) has been met.

• (6) The condition is met if–

• (a) the generating station is located in Scotland;

• (b) the electricity has been supplied to customers or premises in a Renewable Energy Zone, or any part of such a Zone, which is designated by Order under section 84(5) of the Energy Act 2004 (areas in relation to which Scottish Ministers have functions); and

• (c) those customers or premises are connected to a transmission or distribution system (or part of such a system) located in Scotland.

Calculation A

6

• (1) Calculation A for the obligation period is the part of calculation A referable to Great Britain in article 7, added to the part of calculation A referable to Northern Ireland in article 8, rounded to the nearest whole number (one half being rounded upwards).

• (2) References to calculation A are to be construed accordingly.

Part of calculation A referable to Great Britain

7

The part of calculation A referable to Great Britain is the estimate of megawatt hours of electricity likely to be supplied to customers in Great Britain during a particular obligation period, as estimated by the Secretary of State under article 8(1) of the 2015 Order (Part of calculation A referable to Great Britain), multiplied by the figure which corresponds to that particular obligation period in the second column of Schedule 1.

Part of calculation A referable to Northern Ireland

8

The part of calculation A referable to Northern Ireland is the estimate of megawatt hours of electricity likely to be supplied to customers in Northern Ireland during a particular obligation period, as estimated by the Secretary of State under article 9(1) of the 2015 Order (Part of calculation A referable to Northern Ireland), multiplied by the figure which corresponds to that particular obligation period in the third column of Schedule 1.

Calculation B

9

• (1) Calculation B is the number of renewables obligation certificates likely to be issued in respect of renewable electricity for a particular obligation period, as estimated by the Secretary of State under article 11(2) of the 2015 Order, increased by—

• (a) in relation to the obligation period ending on 31st March 2011, 8 per cent and rounded up to the nearest whole number (one half being rounded upward); and

• (b) in relation to any other obligation period, 10 per cent and rounded up to the nearest whole number (one half being rounded upward).

• (2) References to calculation B are to be construed accordingly.

• (3) In this article “renewable electricity” means electricity which is generated from renewable sources and in respect of which renewables obligation certificates may be issued.

Calculation C

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determining the total number of renewables obligation certificates to be produced in an obligation period

11

• (1) Following the determination of calculations A and B for an obligation period ..., the Scottish Ministers are to determine the total number of renewables obligation certificates required to be produced by designated electricity suppliers (“the total obligation”) for that period in accordance with paragraphs (2) to (5).

• (2) Where calculation A is greater than or equal to calculation B for an obligation period, the total obligation for that period is calculation A.

• (3) ... Where calculation B is greater than calculation A for an obligation period, the total obligation for that period is calculation B.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) References to the total obligation are to be construed accordingly.

Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation

12

• (A1) This article applies in respect of an obligation period other than an obligation period in respect of which article 12A applies.

• (1) Subject to article 12B, where the total obligation for an obligation period is calculation A, the number of renewables obligation certificates that a designated electricity supplier is required to produce in order to discharge its renewables obligation in respect of electricity that it supplies to customers in Scotland during that period is, for each megawatt hour so supplied, the figure set out in the second column of Schedule 1 that corresponds to that period.

• (2) Subject to article 12B, where the total obligation for an obligation period is calculation B, the number of renewables obligation certificates that a designated electricity supplier is required to produce in order to discharge its renewables obligation in respect of electricity that it supplies to customers in Scotland during that period is, for each megawatt hour so supplied, equal to–

$figuresetoutinsecondcolumnofSchedule1forthatperiod×calculation B for that periodcalculation A for that period$

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Scottish Ministers must publish, by the 1st October preceding an obligation period, the number of renewables obligation certificates that a designated electricity supplier is required to produce in respect of each megawatt hour of electricity that it supplies to customers in Scotland during that period in order to discharge its renewables obligation for that period .

Further provision in relation to the production of renewables obligation certificates

13

• (1) A designated electricity supplier may discharge its renewables obligation by the production to the Authority of Northern Ireland certificates.

• (2) A designated electricity supplier may discharge up to 25 per cent of its renewables obligation in respect of an obligation period by producing to the Authority renewables obligation certificates relating to electricity supplied in the immediately preceding obligation period.

• (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.

• (7) A designated electricity supplier must not produce to the Authority a renewables obligation certificate which has previously been or is produced to the Northern Ireland authority under a NIRO Order.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Matters to be certified by and content of SROCs

Matters to be certified by SROCs

14

Where a SROC does not certify the matters within subsection (3) or (4) of section 32B of the Act, it must certify the matters within subsection (5), (6), (7) or (8) of that section.

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

15

• (1) For the purposes of sections 32 to 32L of the Act (in particular, for the purposes of a SROC certifying the matters within section 32B(3) or (5)), electricity generated by a generating station which cannot be shown to have been supplied to customers in Great Britain is to be regarded as having been so supplied if and to the extent that the conditions in paragraph (2) or (3) are met.

• (2) The conditions in this paragraph are met if–

• (a) the generating station is located in Northern Ireland;

• (b) the operator of the generating station or an intermediary acting on the operator's behalf sells the electricity generated by the station through the SEM Pool;

• (c) an electricity supplier purchases (directly or indirectly) from the SEM Pool an amount of electricity (the “relevant amount”) which is conveyed from a transmission or distribution system located wholly or partly in Northern Ireland to Great Britain through an electricity interconnector;

• (d) the supplier–

• (i) has previously agreed with the operator to purchase from the SEM Pool the relevant amount; and

• (ii) supplies the electricity so purchased to customers in Great Britain; and

• (e) the relevant amount in any month, when taken together with the electricity which other electricity suppliers have agreed with the operator to purchase from the SEM Pool in that month, does not exceed the total amount of electricity which the operator sells through the SEM Pool in that month.

• (3) The conditions in this paragraph are met if–

• (a) the generating station is located in Northern Ireland and has a declared net capacity of less than 10 megawatts;

• (b) the operator of the generating station sells electricity to an electricity supplier under a contract to which the operator and supplier are parties; and

• (c) the electricity conveyed to the supplier under the contract–

• (i) is conveyed from a transmission or distribution system located wholly or partly in Northern Ireland to Great Britain through an electricity interconnector; and

• (ii) is supplied to customers in Great Britain.

• (4) For the purposes of sections 32 to 32L of the Act (in particular, for the purposes of a SROC certifying the matters within section 32B(4) or (6)), electricity which cannot be shown to have been supplied to customers in Northern Ireland is to be regarded as having been so supplied if it has been sold through the SEM Pool or under a contract in circumstances where, had the electricity been generated by a generating station mentioned in article 54(1) of the Northern Ireland Energy Order, the Northern Ireland authority would have been entitled to issue a Northern Ireland certificate in respect of it.

• (5) For the purposes of this article, a generating station is to be treated as if it is located in Northern Ireland if it is neither in Northern Ireland nor on land but is connected directly to a transmission or distribution system (or the part of such a system) that is located in Northern Ireland (and to no other system or part thereof).

• (6) In this article–

• “intermediary”, in relation to the operator of a generating station, and “SEM Pool” have the same meaning as they have in article 16 of the Renewables Obligation Order (Northern Ireland) 2007 or, where that order has been revoked, as they have in any NIRO Order for the time being in force; and

• “Northern Ireland” has the same meaning as in article 54(1) of the Northern Ireland Energy Order.

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

16

• (1) For the purposes of section 32B(7) and (8) of the Act (in particular, for the purposes of a SROC certifying the matters within section 32B(7) or (8)), electricity generated by a generating station of any description is used in a permitted way if, subject to paragraph (2), it is used in any of the ways mentioned in section 32B(10) of the Act.

• (2) Electricity is not used in a permitted way if it is supplied to customers in Great Britain through a private wire network and–

• (a) the generating station from which the electricity is conveyed has a declared net capacity in excess of 10 megawatts; and

• (b) at some point before the electricity is supplied to customers through the private wire network it is conveyed through a transmission or distribution system operated under a licence granted under section 6 of the Act.

PART 4 — Cases and circumstances when a SROC must not be issued

Excluded generating stations

17

• (1) SROCs are not to be issued in respect of any electricity generated by a generating station located in England and Wales.

• (2) SROCs are not to be issued in respect of any electricity generated by a generating station mentioned in Article 54(1) of the Northern Ireland Energy Order where the electricity has been supplied to customers in Northern Ireland.

• (3) SROCs are not to be issued in respect of any electricity generated by a generating station located beyond the seaward limits of the territorial sea adjacent to the United Kingdom unless–

• (a) it is connected directly to a transmission or distribution system (or the part of such a system) located in Northern Ireland (and to no other system or part thereof); or

• (b) it is an area designated under section 1(7) of the Continental Shelf Act 1964 or in a Renewable Energy Zone designated by the Renewable Energy Zone (Designation of Areas) (Scottish Ministers) Order 2005 as an area to which the Scottish Ministers are to have functions.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this article–

• “Northern Ireland” has the same meaning as in Article 54(1) of the Northern Ireland Energy Order;

• “England and Wales” includes–so much of the internal waters and territorial sea of the United Kingdom as are adjacent to England and Wales;a Renewable Energy Zone, or any part of such a Zone, designated by the Renewable Energy Zone (Designation of Area) Order 2004 as does not include the area designated by the Renewable Energy Zone (Designation of Area) (Scottish Ministers) Order 2005 as an area in relation to which the Scottish Ministers are to have functions.

Generating stations first commissioned before 1st January 1990

18

• (1) This article applies to a generating station–

• (a) which was first commissioned before 1st January 1990;

• (b) the main components of which have not been renewed since 31st December 1989; and

• (c) which is not a micro hydro generating station.

• (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 unless all of the electricity generated by that station during that month–

• (a) is generated–

• (i) partly from fossil fuel; and

• (ii) partly from renewable sources which consist wholly of–

• (aa) biomass;

• (bb) biomass and Solid Recovered Fuel; or

• (cc) a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion; or

• (b) is generated from biomass and the following conditions are met–

• (i) where that station generated electricity in any month prior to April 2003, no less than 75 per cent of the energy content of the fuel used to generate that electricity was derived from fossil fuel;

• (ii) the first month in which all of the electricity generated by that station was generated from biomass occurred after March 2004; and

• (iii) in relation to electricity generated in any month after that first month by that station, no more than 75 per cent of the energy content of the fuel used to generate that electricity was derived from fossil fuel.

• (3) For the purposes of paragraph (1)(b), the main components of a generating station are only to be regarded as having been renewed since 31st December 1989–

• (a) in the case of a hydro generating station, where the following parts have been installed in the generating station after 31st December 1989 and were not used for the purpose of electricity generation prior to their installation–

• (i) all the turbine runners or all the turbine blades or the propeller; and

• (ii) all the inlet guide vanes or all the inlet guide nozzles;

• (b) in the case of any other generating station, where all the boilers and turbines (driven by any means including wind, water, steam or gas) have been installed in the generating station after 31st December 1989 and were not used for the purpose of electricity generation prior to their installation.

• (4) For the purposes of paragraph (2)–

• (a) in sub-paragraph (a)(i), fossil fuel does not include waste which is a renewable source; and

• (b) in determining whether or not the requirements of sub-paragraph (a) or (b) are met, no account is to be taken of any fossil fuel or waste which the generating station uses for permitted ancillary purposes.

Generating stations generating under arrangements referred to in the Electricity (Northern Ireland) Order 1992

19

No SROCs are to be issued in respect of any electricity generated by a generating station which generates electricity under the arrangements or additional arrangements referred to in Article 35(1) of the Electricity (Northern Ireland) Order 1992 .

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

20

• (1) This article applies where–

• (a) a NFFO arrangement (“the applicable NFFO arrangement”) provided for the building of a generating station at a specified location (“the location”);

• (b) the applicable NFFO arrangement was terminated due to the operator of the generating station to which it applied having committed an unremedied breach of it; and

• (c) the last period in the tables contained in Schedule 1 to the Non-Fossil Fuel Order which relates to the applicable NFFO arrangement has not expired.

• (2) Subject to paragraph (3), where this article applies no SROCs are to be issued in respect of any electricity generated by a generating station–

• (a) which is situated wholly or partly at the location;

• (b) to which the applicable NFFO arrangement applied at the time it was commissioned; and

• (c) which is owned or operated by a person–

• (i) who was a party to the applicable NFFO arrangement; or

• (ii) who is a connected person or a linked person in relation to any such party.

• (3) Paragraph (2) does not apply in relation to electricity generated by a generating station in a month in which all of the electricity generated by that station is sold pursuant to another NFFO arrangement.

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

21

• (1) This article applies where a NFFO arrangement (“the applicable NFFO arrangement”) provides for the building of a generating station (“the specified station”) at a specified location (“the location”) and the specified station has not been commissioned.

• (2) Subject to paragraph (3), where this article applies no SROCs are to be issued in respect of any electricity generated by a generating station which–

• (a) is situated wholly or partly at the location; and

• (b) is owned or operated by a person who is a party to the applicable NFFO arrangement or who is a connected person or a linked person in relation to any such party.

• (3) Paragraph (2) does not apply in relation to electricity generated by a generating station in a month in which all of the electricity generated by that station is sold pursuant to another NFFO arrangement.

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

22

• (1) No SROCs are to be issued in respect of any electricity generated by a generating station in a month during all or part of which it generates electricity–

• (a) wholly from renewable sources which consist of or include waste unless–

• (i) the waste is biomass ...;

• (ii) the waste is a liquid consisting wholly or mainly of hydrocarbon compounds;

• (iii) the waste is in the form of a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion; or

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

• (b) partly from renewable sources and partly from fossil fuel unless the renewable sources consist of–

• (i) biomass ...;

• (ii) biomass ... and Solid Recovered Fuel; or

• (iii) a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion;

• (c) partly from renewable sources and partly from fossil fuel where the fossil fuel consists of or includes waste unless that waste is–

• (i) liquid consisting wholly or mainly of hydrocarbon compounds;

• (ii) in the form of a liquid or gaseous fuel produced by means of gasification, pyrolysis or anaerobic digestion; or

• (iii) Solid Recovered Fuel;

• (d) wholly or partly from peat.

• (2) In this article–

• (a) in paragraph (1)(a) and (c), waste includes anything derived directly or indirectly from waste;

• (b) in paragraph (1)(b) and (c), fossil fuel does not include waste which is a renewable source; and

• (c) in determining how electricity has been generated for the purposes of paragraph (1)(a), (b) or (c), no account is to be taken of any fossil fuel or waste which the generating station uses for permitted ancillary purposes.

• (3) For the purposes of paragraph (2)(c), fossil fuel or waste (which includes anything derived directly or indirectly from waste) is used for permitted ancillary purposes if–

• (a) it is used in a generating station for–

• (i) cleansing other fuels from the generating station's combustion system prior to using fossil fuel or waste to heat the combustion system to its normal temperature;

• (ii) the heating of the station's combustion system to its normal operating temperature or the maintenance of that temperature;

• (iii) the ignition of fuels of low or variable calorific value;

• (iv) emission control; ...

• (v) standby generation or the testing of standby generation capacity, ...

• (vi) corrosion control; or

• (vii) fouling reduction; and

• (b) the energy content of the fossil fuel or waste so used during a month (or, where both are so used during a month, their combined energy content) does not exceed 10 per cent of the energy content of all the energy sources used by that generating station to generate electricity during that month.

• (4) In this article, “standby generation” means the generation of electricity by equipment which is not used frequently or regularly to generate electricity and where all the electricity generated by that equipment is used by the generating station.

Circumstances in which no SROCs are to be issued by virtue of section 32C(8)(a) of the Act

23

No SROCs certifying the matters within section 32B(4) or (6) of the Act are to be issued where the Northern Ireland authority has notified the Authority that it is not satisfied that the electricity in respect of which the SROCs are to be issued has been supplied to customers in Northern Ireland.

PART 5 — SROCs to be issued by Authority in respect of RO eligible renewable output

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

24

• (1) The Authority is to issue SROCs.

• (2) Subject to paragraphs (2A) and (3) and article 60 (modification of this Order in relation to microgenerators in certain circumstances), SROCs–

• (a) are to be issued in respect of a generating station's RO eligible renewable output in a month; and

• (b) must not be issued before the end of the second month following that month.

• (2A) Where—

• (a) electricity was generated—

• (i) by a generating station with a total installed capacity of at least one megawatt; and

• (ii) using biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste); and

• (b) the greenhouse gas emissions from the use of that biomass are above the relevant target,

SROCs in respect of that electricity must not be issued before the end of the second month following the obligation period in which the electricity was generated.

• (2B) For the purposes of paragraph (2A), the greenhouse gas emissions from the use of biomass must be calculated in accordance with paragraphs 3 to 5 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass).

• (3) When issuing SROCs in respect of electricity generated in a month by a generating station or, in the case of SROCs certifying the matters within section 32B(5), (6) or (8) of the Act, two or more generating stations, the Authority must–

• (a) determine the RO eligible renewable output of that generating station or, as the case may be, those generating stations in that month in accordance with article 25 or 26 (whichever is applicable);

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) issue SROCs in respect of that station's or those stations' RO eligible renewable output, the amount of electricity to be stated in each SROC being determined in accordance with articles 27 to 32 (banding and grandfathering).

• (4) Where a generating station generates electricity–

• (a) wholly from renewable sources a proportion of which is composed of fossil fuel;

• (b) wholly from renewable sources and the RO input electricity used by the generating station in generating that electricity exceeds 0.5% of the RO output electricity;

• (ba) partly using excluded capacity;

• (bb) partly from an ineligible renewable source;

• (c) partly from renewable sources and partly from fossil fuel,

SROCs are to be issued in respect of a proportion only of the electricity generated by the station.

• (5) Where the number of megawatt hours of RO eligible renewable output in respect of which SROCs are to be issued does not equate to a whole number of SROCs, the number of megawatt hours is to be rounded to the nearest figure which does so equate (and where there are two such figures, the number of megawatt hours is to be rounded upwards).

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Calculating a generating station's renewable output

25

• (1) Subject to article 26, the RO eligible renewable output of a generating station in any month is equal to—

• (a) where the RO input electricity used by the generating station during that month does not exceed 0.5% of the RO output electricity of that station during that month, $A− F$; and

• (b) in any other case, $(A×BC)− F$.

• (2) In paragraph (1)—

• (a) A is equal to

$$C ×DE$where—C is the RO output electricity of the generating station during the month in question;D is the energy content of all of the renewable sources used in generating that station’s RO output electricity during that month, less the energy content of—any fossil fuel from which those renewable sources are in part composed (other than fossil fuel from which a fuel the energy content of which is deducted by virtue of sub-head (bb) or (cc) is in part composed);any of those renewable sources which is Solid Recovered Fuel (other than Solid Recovered Fuel which constitutes biomass); andexcept in the case of an excepted generating station, any of those renewable sources which is a gaseous fuel produced by means of gasification or pyrolysis and which has a gross calorific value when measured at 25 degrees Celsius and 0.1 megapascals at the inlet to the station of less than 2 megajoules per metre cubed; andE is the energy content of all of the fuels used in generating that station’s RO output electricity during that month;B is the RO output electricity of that station during that month less the RO input electricity it uses during that month;C has the same meaning as in sub-paragraph (a)(i); andF is the total amount of electricity generated by that station from an ineligible renewable source during that month.$

• (3) Paragraphs (4) and (7) apply for the purposes of this Part and Part 6.

• (4) Where during any month the RO eligible renewable output of a generating station is generated in two or more ways, the proportion of the station’s RO eligible renewable output which is generated in each of those ways is—

• (a) in the case of electricity generated in the way described as “landfill gas heat recovery” in Schedule 2, $GH$;

• (b) in the case of electricity generated using mixed gas in the way described as “AD” in Schedule 2, $IJ×KL$;

• (c) in the case of electricity generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 2, $IJ×ML$; and

• (d) in the case of electricity generated in a way not falling within sub-paragraph (a), (b) or (c), $NP$.

• (5) In paragraph (4)—

• (a) G is the maximum capacity in that month at which the station could generate electricity—

• (i) in the way described as “landfill gas heat recovery” in Schedule 2;

• (ii) using RO capacity; and

• (iii) 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);

• (b) H is the total installed capacity of the RO capacity of the station in that month;

• (c) I is the energy content of the mixed gas used in generating the station’s RO output electricity during that month;

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

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

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

• (h) N is the energy content of the renewable sources used when generating the station’s RO output 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 head (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); and

• (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 2 megajoules per metre cubed; and

• (i) P is the energy content of all of the renewable sources used in generating the station’s RO output electricity 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 fuel the energy content of which is deducted by virtue of head (ii) or (iii) is in part composed);

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

• (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 as the inlet to the station of less than 2 megajoules per metre cubed.

• (6) References in paragraph (4) to a way of generating RO eligible renewable output are references 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) (low-range co-firing of relevant energy crops);

• (c) generating electricity in the way described in article 28E(1)(c) (low-range co-firing of relevant energy crops with CHP);

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

• (7) Where during any month two or more types of generating capacity form part of the RO capacity of a generating station, the proportion of the station’s RO eligible renewable output which is generated using each of those types of generating capacity is $QR$.

• (8) In paragraph (7)—

• (a) Q is the total installed capacity of that type of generating capacity of the station in that month (other than any of that type of generating capacity which forms part of the excluded capacity of the station); and

• (b) R is the total installed capacity of the RO capacity of the station in that month.

• (9) References in paragraph (7) to a type of generating capacity are references 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.

• (10) In this article—

• “dry mass”, in relation to a fuel, means the mass of the fuel when any water present in it has been removed; and

• “mixed gas” means gas formed by the anaerobic digestion of sewage together with—waste which constitutes a renewable source (other than sewage); orbiomass (other than sewage).

Renewable output of a qualifying combined heat and power generating station

26

• (1) For the purposes of determining the RO eligible renewable output of a qualifying combined heat and power generating station in any month during which it generates electricity from waste (other than waste which constitutes biomass or is used for permitted ancillary purposes or is an advanced fuel or is in the form of a liquid or gaseous fuel produced by means of ...anaerobic digestion), article 25 applies subject to the following modifications.

• (2) For paragraph (2)(a)(ii) of article 25, substitute–

(ii) D is the energy content of all of the renewable sources used in generating that station's RO output electricity during that month, less the energy content of– (aa) 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 sub-paragraph (cc) is in part composed); (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (cc) 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 2 megajoules per metre cubed, multiplied by the proportion which the qualifying power output of that station bears to its total power output;

• (3) For paragraph (5)(h) and (i) of that article, substitute—

(h) N is the energy content of the renewable sources used in generating the station’s RO output 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 head (ii) is in part composed); and (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 2 megajoules per metre cubed.”; and (i) P is the energy content of all of the renewable sources used in generating the station’s RO output electricity 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 head (ii) is in part composed); and (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 2 megajoules per metre cubed.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 — Banding and grandfathering

The amount of electricity to be stated in each SROC

27

• (1) Each SROC is to state the amount of electricity in respect of which it has been issued.

• (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

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) This article is subject to article 32.

Microgenerators

29

• (1) This article applies to a generating station which–

• (a) is a microgenerator; and

• (b) has not had a declared net capacity in excess of 50 kilowatts at any time after 31st March 2009.

• (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 $12$ 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 $1019$ 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 $59$ of a megawatt hour.

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

Generating stations which were accredited as at 11th July 2006

30

• (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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

• (4) Where, at the time it generates the electricity, the generating station's total installed capacity is greater than it was on 11th July 2006, paragraph (3) applies only in relation to SROCs which are to be issued in respect of–

• (a) where electricity generated using the total installed capacity of the station as at 11th July 2006 (“the original capacity”) is measured separately from electricity generated using capacity which has been added to the station since that date (“additional capacity”), the electricity to which this article applies which is generated using the station's original capacity;

• (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).

• (5) In relation to the remainder of the electricity to which this article applies, the amount of electricity to be stated in each SROC is to be determined in accordance with article 27(4)... except to the extent that the electricity–

• (a) is generated using additional capacity which was operational before 1st April 2011 (“relevant additional capacity”); and

• (b) is generated in a way described in the first column of Part 4 of Schedule 2.

• (6) Where the electricity to which this article applies is generated using relevant additional capacity in a way described in the first column of Part 4 of Schedule 2, the amount of electricity to be stated in each SROC which is to be issued in respect of that electricity is the amount which corresponds to that description in the second column of that Part of that Schedule.

• (7) In paragraphs (5) and (6), the reference to electricity being generated using relevant additional capacity is a reference to–

• (a) where electricity generated using relevant additional capacity is measured separately from electricity generated otherwise than by using such capacity, the electricity which is generated using that capacity;

• (b) in any other case, the appropriate percentage of the electricity to which this article applies (the appropriate percentage for these purposes being the relevant additional capacity of the station at the date of generation of the electricity expressed as a percentage of the total installed capacity of the pre-2013 capacity at that date).

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

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

31

• (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