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The Renewables Obligation Order 2015

Type Statutory-Instrument

Publication 2015-11-26

Last updated 2025-12-15

State In force

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Made: 26th November 2015

Coming into force in accordance with article 1

This Order is made by the Secretary of State in exercise of the powers conferred by sections 32 to 32K, 32LA and 32M of the Electricity Act 1989 (“the 1989 Act”) and section 2(2) of the European Communities Act 1972 (“the 1972 Act”) (as read with paragraph 1A of Schedule 2 to the 1972 Act) .

The Secretary of State is a Minister designated for the purposes of section 2(2) of the 1972 Act in relation to energy and energy sources .

This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for the references to Annex 5 to Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources in article 83 of and Schedules 1 and 3 to this Order to be construed as references to Annex 5 to that Directive as amended from time to time.

The Secretary of State has consulted the Gas and Electricity Markets Authority, the National Association of Citizens Advice Bureaux, the Scottish Association of Citizens Advice Bureaux , electricity suppliers to whom this Order applies and such generators of electricity from renewable sources and other persons as the Secretary of State considered appropriate in accordance with section 32L(1) of the 1989 Act.

In exercising the power to make provision under section 32D(1) of the 1989 Act, the Secretary of State has had regard to the matters specified in section 32D(4).

In accordance with section 32L(2) of the 1989 Act, and paragraph 2(2) of Schedule 2 to the 1972 Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Accordingly the Secretary of State makes the following Order:

PART 1 — Introductory provisions

Citation, commencement and extent

1

(1) This Order may be cited as the Renewables Obligation Order 2015.

(2) Subject to paragraph (3), this Order comes into force on the first day of the month following that in which it is made.

(3) Articles 45(4)(d) and (5)(a) and 48 come into force on the first day of the second month following that in which this Order is made.

(4) Subject to paragraph (5), this Order extends to England and Wales only.

(5) Article 97 also extends to Scotland.

Interpretation

2

(1) In this Order—

“the Act” means the Electricity Act 1989 ;

“2009 Order” means the Renewables Obligation Order 2009 ;

“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 original capacity of the station,in relation to 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 original capacity of the station,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 a grace period generating station,the original capacity of the station, 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 or 2014/15 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 original capacity of the station,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 original capacity of the station, 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 original capacity of the station,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 original capacity of the station, 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;

“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 an accreditation granted before this Order came into force);

“accredited” is to be construed in accordance with the definition of “accreditation”;

“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;

“ancillary purposes”, in relation to fossil fuel or waste used in a combustion unit or by a generating station, means fossil fuel or waste which is used in that combustion unit or by the station for—cleansing other fuels from the station's combustion system prior to using fossil fuel or waste to heat the combustion system to its normal temperature,the heating of the station's combustion system to its normal operating temperature or the maintenance of that temperature,the ignition of fuels of low or variable calorific value,corrosion control,emission control,fouling reduction, orstandby generation or the testing of standby generation capacity (where “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);

“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 3, except for the purposes of article 95;

“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;

“BS EN 15359:2011” means the document identified by Standard Number BS EN:15359:2011 and entitled “Solid recovered fuels. Specifications and classes” published by the British Standards Institution on 30th November 2011 ;

“BS EN 15402:2011” means the document identified by Standard Number BS EN 15402:2011 and entitled “Solid recovered fuels. Determination of the content of volatile matter” published by the British Standards Institution on 31st March 2011 ;

“BS EN 15415-1:2011” means the document identified by Standard Number BS EN 15415-1:2011 and entitled “Solid recovered fuels. Determination of particle size distribution. Screen method for small dimension particles” published by the British Standards Institution on 30th September 2011 ;

“BS EN 15590:2011” means the document identified by Standard Number BS EN 15590:2011 and entitled “Solid recovered fuels. Determination of the current rate of aerobic microbial activity using the real dynamic respiration index” published by the British Standards Institution on 30th September 2011 ;

“CFD” has the meaning given in section 6(2) of the Energy Act 2013 ;

“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;

“CHP 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;

“civil works”, in relation to a hydro generating station, means 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;

“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 generating station in order to demonstrate that that generating 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 that 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 station;

“delivery body” means—the person operating the national transmission system for Great Britain (“the national system operator”), orif the national system operator's functions under Chapter 2 of Part 2 of the Energy Act 2013 have been transferred to an alternative delivery body, that body;

“designated electricity supplier” has the meaning given by article 7(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;

“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 Standard Institute 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 twenty 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),Tilia 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 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)),Phalaris;

“excluded capacity” has the meaning given in article 45;

“feed-in tariff scheme” means a scheme of financial incentives which the Secretary of State establishes, or for the administration of which the Secretary of State makes arrangements, in exercise of the power in section 41(1) of the Energy Act 2008 ;

“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);

“forest” means land of an area more than one hectare which includes trees providing a tree canopy cover of at least 20%;

“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;

“grace period generating station” has the meaning given by article 6;

“greenhouse gas criteria” means—in the case of bioliquid, the criteria set out in Schedule 1,in all other cases, the criteria set out in Part 1 of Schedule 2;

“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);

“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);

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

“ISAE 3000” means the International Standard on Assurance Engagements 3000 Revised, Assurance Engagements Other than Audits or Reviews of Historical Financial Information published by the International Federation of Accountants;

“land criteria” means the criteria set out in Schedule 3;

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

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

“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 which has a declared net capacity of 50 kilowatts or less;

“municipal waste” has the same meaning as in section 21 of the Waste and Emissions Trading Act 2003 ;

“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 Articles 52 to 55F of the Energy (Northern Ireland) Order 2003 ;

“Non-Fossil Fuel Order” means any of the following Orders—the Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1997 , andthe Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1998 ;

“Northern Ireland certificate” means a renewables obligation certificate issued by the Northern Ireland authority under the Energy (Northern Ireland) Order 2003 and pursuant to a NIRO Order;

“obligation period” means the period starting on 1st April 2016 and ending on 31st March 2017 or any subsequent period of 12 months (ending with the period of 12 months ending on 31st March 2037), except for the purposes of article 95;

“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 ;

“offshore wind turbine” means a wind turbine which forms part of a generating station which is offshore;

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

“original capacity”, in relation to a generating station, means the generating capacity of the station as accredited;

“permitted ancillary purposes” means—in relation to fossil fuel or waste used in a combustion unit, the use of fossil fuel or waste—in the combustion unit for ancillary purposes, andin a month in which the energy content of the fossil fuel or waste so used (or, where both are so used, their combined energy content) does not exceed 10% of the energy content of all the energy sources used in the combustion unit to generate electricity during that month,in relation to fossil fuel or waste used by a generating station, the use of fossil fuel or waste—by the station for ancillary purposes, andin a month in which the energy content of the fossil fuel or waste so used (or, where both are so used, their combined energy content) does not exceed 10% of the energy content of all the energy sources used by the station to generate electricity during that month;

“plant”, with reference to 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 original capacity of the station,in relation to a generating station which—is accredited, andwas not accredited on or before 31st March 2016,the original capacity of the station, 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 original capacity of the station, 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 grace period generating station, the original capacity of the station;

“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 this Order came into force);

“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 CHP station” means a CHP station which has been certified under the CHPQA;

“qualifying power output”, in relation to a qualifying CHP station, has the meaning given to it in the CHPQA;

“qualifying proportion”, in relation to electricity generated by a qualifying CHP 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 93(1);

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

“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 83 and Schedules 1 and 3 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 7(1), except for the purposes of article 95;

“renewable waste” means waste of which not more than 90% is waste which is, or is derived from, fossil fuel;

“ROC” means a renewables obligation certificate issued by the Authority under this Order (or under the 2009 Order);

“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 29 and 30;

“RO input electricity” has the meaning given to it in article 26;

“RO output electricity” has the meaning given to it in article 27;

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

“Solid Recovered Fuel” means solid fuel which—complies with the classification and specification requirements in BS EN:15359:2011,is prepared from a waste which is not a hazardous waste (where hazardous waste has the meaning given in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council on waste , as last amended by Directive (EU) 2018/851),has a maximum rate of oxygen uptake 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 BS EN 15590:2011, andwhen subject to a methodology for the determination of particle size in accordance with BS EN 15415-1:2011, is able to pass through an opening measuring no more than 150 millimetres in all dimensions;

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

“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 ROCs are or have been issued,in respect of which ROCs cannot be issued by virtue of any provision of Part 7, 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 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 CHP 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;

“UK ROC” means—a ROC,a renewables obligation certificate issued by the Authority under a renewables obligation order made by the Scottish Ministers, ora Northern Ireland certificate;

“volatile solids” means any mass loss, corrected for moisture, when a solid is heated out of contact with air under the conditions specified, and using the methods, in BS EN 15402:2011; 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 biomass or waste is used in a generating station (whether alone or together or in combination with another fuel) and—

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

(b) in any month during which that biomass or waste is used that proportion varies,

references in this Order to the energy content of that biomass or waste and fossil fuel are references to the overall energy content of that biomass or waste and fossil fuel used to fuel the 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);

(d) renewable waste (not being bioliquid or biomass);

(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) 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.

Biomass and fuels which are to be treated as biomass

3

(1) In this Order, “biomass” means fuel which—

(a) falls within paragraph (2),

(b) falls within paragraph (3), or

(2) Fuel falls within this paragraph if—

(a) at least 90% of its energy content is derived from 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.

(3) Fuel falls within this paragraph if—

(a) at least 90% of its energy content is derived from relevant material,

(b) it is waste, and

(4) For the purposes of this Order except for articles 28, 63, 82 and 84, 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 the 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% of the total energy content of the fuel and the biomass with which the fuel is used is derived from relevant material.

(5) Accordingly, any reference in this Order to biomass, other than in articles 28, 63, 82 and 84, is to be construed as a reference to biomass or fuel which (by virtue of paragraph (4)) is to be treated as biomass.

(6) 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.

(7) For the purposes of this article, “relevant material” means material, other than fossil fuel, which is, or is derived directly or indirectly from, plant matter, animal matter, fungi, algae or bacteria.

Fossil derived bioliquid

4

(1) For the purposes of this Order, fossil derived bioliquid is to be treated as being in part composed of (or in part derived from) fossil fuel.

(2) Where fossil derived bioliquid (not being waste) is used, whether on its own or not, to fuel a generating station, the proportion of the fossil derived bioliquid which is to be treated as being composed of (or derived from) fossil fuel—

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

(b) is 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 the fossil derived bioliquid as a whole.

Waste as a renewable source

5

(1) For the purposes of sections 32 to 32M of the Act and this Order, the term “renewable sources” includes renewable waste.

(2) Subject to paragraph (3), where waste is being used to fuel a generating station, the proportion of the 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 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%, 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%.

(4) Where—

(a) municipal waste is used in a generating station and—

(i) the Authority is not satisfied as to the matters identified in paragraph (3), or

(ii) the operator of the station is claiming that the proportion of that waste which is, or is derived from, fossil fuel is less than 50%; 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.

(5) 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 ;

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

Grace period generating stations

6

(1) In this Order, “grace period generating station” means a generating station to which paragraph (2) applies.

(2) This paragraph applies to a generating station if—

(a) it was registered by the Authority as a grace period generating station under article 58ZA of the 2009 Order (before that article was revoked by this Order), and

(b) the Authority has not withdrawn the registration in question.

(3) In circumstances where the Authority has reason to believe that the information on which its decision to register a generating station as a grace period generating station was based was incorrect in a material particular, and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may withdraw the registration in question.

(4) The Authority must notify the operator of the generating station in writing of any withdrawal of registration of the station as a grace period generating station.

PART 2 — The renewables obligation

The renewables obligation

7

(1) The renewables obligation is imposed on each electricity supplier supplying electricity in England and Wales (a “designated electricity supplier”).

(2) The renewables obligation is that, subject to articles 67 and 68, 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, the number of UK ROCs determined in accordance with articles 13 to 13C.

(3) To enable the number referred to in paragraph (2) to be determined, the Secretary of State must first determine, for the obligation period in question, calculations A and B and the total number of UK ROCs required to be produced by designated electricity suppliers in accordance with articles 8 to 12.

(4) Where the number of UK ROCs 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) In this Part, “relevant electricity” means—

(a) in respect of—

(i) any obligation period beginning on or after 1st April 2019; or

(ii) any month of an obligation period in respect of which a revised obligation level applies in accordance with article 13B(7)(a)(ii), (b)(ii), (8)(a) or (b)(ii),

any electricity supplied to customers in England and Wales other than EII excluded electricity; and

(b) in respect of any other period, any electricity supplied to customers in England and Wales.

Part of calculation A referable to Great Britain

8

(1) Before the start of each obligation period, the Secretary of State is to estimate, in megawatt hours, the total amount of electricity likely to be supplied to customers in Great Britain during that period by designated electricity suppliers and electricity suppliers on whom the renewables obligation has been imposed by an order made under sections 32 to 32M of the Act by the Scottish Ministers.

(2) The figure representing the number of megawatt hours so estimated for an obligation period is to be multiplied by 0.154.

Part of calculation A referable to Northern Ireland

9

(1) Before the start of each obligation period, the Secretary of State is to estimate, in megawatt hours, the total amount of electricity likely to be supplied to customers in Northern Ireland during that period by electricity suppliers on whom an obligation has been imposed by an order made under Articles 52 to 55F of the Energy (Northern Ireland) Order 2003.

(2) The figure representing the number of megawatt hours so estimated for an obligation period is to be multiplied by 0.063.

Calculation A

10

(1) The product of the calculation in article 8(2), added to the product of the calculation in article 9(2), is (for the obligation period to which those calculations relate) calculation A.

(2) Where calculation A is not a whole number, it is to be rounded to the nearest whole number (one-half being rounded upwards).

(3) References to calculation A in this Part are to be construed accordingly.

Calculation B

11

(1) Before the start of each obligation period, the Secretary of State is to estimate, in megawatt hours, the total amount of renewable electricity likely to be supplied to customers in the United Kingdom during that period by designated electricity suppliers and electricity suppliers on whom an obligation has been imposed under an order made under sections 32 to 32M of the Act by Scottish Ministers or Articles 52 to 55F of the Energy (Northern Ireland) Order 2003.

(2) Having regard to this estimate, the Secretary of State is to calculate how many UK ROCs are likely to be issued in respect of that renewable electricity during that obligation period.

(3) The figure representing the number of UK ROCs likely to be so issued, increased by 10%, is calculation B for that obligation period.

(4) Where calculation B is not a whole number, it is to be rounded to the nearest whole number (one-half being rounded upwards).

(5) References to calculation B in this Part are to be construed accordingly.

(6) In this article “renewable electricity” means electricity which is generated from renewable sources and in respect of which UK ROCs may be issued.

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

12

(1) Having determined calculations A and B for an obligation period, the Secretary of State is to determine the total number of UK ROCs required to be produced by designated electricity suppliers (“the total obligation”) for that period in accordance with paragraphs (2) to (4).

(2) Where calculation A is equal to or greater than 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) References to the total obligation in this Part are to be construed accordingly.

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

13

(A1) This article applies in respect of an obligation period ending on or before 31st March 2019.

(1) Subject to article 13B, where the total obligation for an obligation period is calculation A, in order to discharge its renewables obligation in respect of electricity that it supplies to customers in England and Wales during that period, a designated electricity supplier is required to produce 0.154 UK ROCs for each megawatt hour of electricity so supplied.

(2) Subject to article 13B, where the total obligation for an obligation period is calculation B, the number of UK ROCs 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 England and Wales during that period is, for each megawatt hour so supplied, equal to—

$calculation B for that period × 0 .154 calculation A for that period$

(3) The Secretary of State must publish, by the 1st October preceding an obligation period, the number of UK ROCs that a designated electricity supplier is required to produce in respect of each megawatt hour of electricity that it supplies to customers in England and Wales during that period in order to discharge its renewables obligation for that period.

Further provision in relation to the production of UK ROCs

14

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

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

(3) Subject to paragraph (4), no more than 4% of a designated electricity supplier's renewables obligation may be satisfied by the production of UK ROCs issued in respect of electricity generated from bioliquid.

(4) The limit set out in paragraph (3) does not apply to the production of UK ROCs issued in respect of electricity—

(a) generated by a generating station to which article 34 applies,

(b) generated by a qualifying CHP station which has, as at the date of generation of the electricity, a total installed capacity of less than 1 megawatt,

(d) generated in the way described as “energy from waste with CHP” in Schedule 5.

(5) A designated electricity supplier must not produce to the Authority a UK ROC which is previously been or has previously been produced to the Northern Ireland authority under a NIRO Order.

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

Matters to be certified by ROCs

15

Where a ROC 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

16

(1) For the purposes of sections 32 to 32L of the Act (in particular, for the purposes of a ROC 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 that—

(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 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 that—

(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

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

(ii) is supplied to customers in Great Britain.

(4) For the purposes of paragraphs (2) and (3), 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).

(5) For the purposes of sections 32 to 32L of the Act (in particular, for the purposes of a ROC 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 Energy (Northern Ireland) Order 2003, the Northern Ireland authority would have been entitled to issue a Northern Ireland certificate in respect of it.

(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 34 of the Renewables Obligation Order (Northern Ireland) 2009 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 Energy (Northern Ireland) Order 2003.

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

17

(1) For the purposes of section 32B(7) and (8) of the Act (in particular, for the purposes of a ROC 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—

(a) it is supplied to customers in Great Britain through a private wire network,

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

(c) 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 — Issue and revocation of ROCs

Issue of ROCs to generators and suppliers

18

(1) The Authority is to issue ROCs.

(2) Subject to paragraphs (3) to (5) and article 19, the Authority is to issue a ROC to the operator of the generating station by which the electricity to which the ROC relates was generated.

(3) Where electricity—

(a) is required to be generated by a generating station from renewable sources under a NFFO arrangement, or

(b) in compliance with such an arrangement, is required to be made available to the nominated person,

ROCs are to be issued as set out in paragraphs (4) and (5).

(4) Where by virtue of the NFFO arrangement the nominated person is entitled to the electricity, ROCs are to be issued to electricity suppliers notified to the Authority by the nominated person as being purchasers of the electricity and to each in such numbers as are appropriate to the amount of the electricity which the nominated person notifies the Authority each has purchased (subject to the total number of ROCs available to be issued in respect of the electricity).

(5) Where electricity suppliers are entitled to electricity under a NFFO arrangement, ROCs are to be issued to those electricity suppliers, each in proportion to its entitlement.

(6) In this article, “nominated person” has the same meaning as it has in the Electricity from Non-Fossil Fuel Sources Saving Arrangements Order 2000 .

Issue of ROCs to agents

19

(1) This article applies to a ROC which certifies the matters within section 32B(5), (6) or (8) of the Act (a “relevant ROC”).

(2) Where the generating stations to which a relevant ROC relates are operated by two or more persons (“the operators”), that ROC must be issued to an agent appointed for the purpose by the operators.

(3) The Authority must be notified in writing of—

(a) the agent's appointment, name and address; and

(b) any termination of the agent's appointment.

(4) A notification under paragraph (3) is to be given by the operators (or any of them) or the agent.

(5) Where notice is given under paragraph (3)(b) and received by the Authority, the termination takes effect (subject to paragraph (6)) at the end of the obligation period during which it is given, and until the expiration of that obligation period the Authority must continue to issue any relevant ROCs to the agent.

(6) Notwithstanding that termination of the agent's appointment, after the expiration of that obligation period the Authority must continue to issue relevant ROCs to the agent where those ROCs relate to electricity generated during that obligation period.

(7) Paragraphs (5) and (6) do not apply in any case where the Authority is satisfied, by evidence produced to it, that owing to exceptional circumstances the termination should have immediate effect (in which case the termination takes effect on receipt of the notice under paragraph (3)(b)).

(8) Where any provision of this Order requires or permits something to be done by, to or in respect of an agent appointed under this article and the agent's appointment is terminated before that thing is done, references to that agent (however framed) are to be construed—

(a) where a successor to the agent has been appointed under this article, as references to that successor;

(b) in any other case, as references to the operators of the generating stations for whom the agent acted before they terminated the appointment.

Confirmations required from the person being issued with a ROC

20

(1) Subject to paragraphs (2) and (3), once during each obligation period the person to whom a ROC is to be issued must confirm to the Authority in writing, whether before or after the generation of the electricity to which the ROC relates, that that electricity, to the best of the person's knowledge and belief, has been or (as the case may be) will be—

(a) in the case of a ROC certifying the matters within section 32B(3) or (5) of the Act, supplied by an electricity supplier to customers in Great Britain;

(b) in the case of a ROC certifying the matters within section 32B(4) or (6) of the Act, supplied by a Northern Ireland supplier to customers in Northern Ireland;

(2) Where a ROC certifying the matters within section 32B(3) or (5) of the Act is to be issued and paragraph (1)(a) cannot be complied with because the electricity in respect of which the ROC is to be issued cannot be shown to have been supplied to customers in Great Britain, the person to whom the ROC is to be issued must confirm to the Authority in writing—

(a) that the electricity in question is to be regarded as having been supplied to customers in Great Britain by virtue of article 16(2) or (3); and

(b) where it is located otherwise than on land, that the generating station to which the ROC relates 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).

(3) Where a ROC certifying the matters within section 32B(4) or (6) of the Act is to be issued and paragraph (1)(b) cannot be complied with because the electricity in respect of which the ROC is to be issued cannot be shown to have been supplied to customers in Northern Ireland, the person to whom the ROC is to be issued must confirm to the Authority in writing that the electricity in question is to be regarded as having been supplied to customers in Northern Ireland by virtue of article 16(5).

(4) In this article “Northern Ireland” has the same meaning as in Article 54(1) of the Energy (Northern Ireland) Order 2003.

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

21

(1) This article applies to a ROC certifying the matters within section 32B(3) or (5) of the Act which is to be issued in respect of electricity generated by a generating station which—

(a) is not located on land, and

(b) is not connected directly to a transmission or distribution system (or a part of such a system) that is located in Northern Ireland.

(2) Once during each obligation period, the person to be issued with a ROC to which this article applies must confirm to the Authority in writing, whether before or after the generation of the electricity to which the ROC relates, that—

(a) the generating station to which the ROC relates is connected directly to a transmission or distribution system in Great Britain, and

(b) the electricity in respect of which the ROC is to be issued cannot be or have been conveyed to Great Britain through an interconnector.

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

22

(1) Subject to paragraph (2), once during each obligation period the person to be issued with a ROC certifying the matters within section 32B(3), (4), (5) or (6) of the Act must confirm to the Authority in writing, whether before or after the generation of the electricity to which the ROC relates—

(a) that they are not a person who has been a party to an applicable NFFO arrangement (within the meaning of article 52);

(b) that they are not (and to the best of their knowledge and belief will not during the obligation period in which the confirmation is given become) a person who is a party to an applicable NFFO arrangement (within the meaning of article 53); and

(c) that they are not (and to the best of their knowledge and belief will not during the obligation period in which the confirmation is given become) a person who is a connected person or a linked person in relation to any such party.

(2) Paragraph (1) does not apply where the person to be issued with a ROC is an electricity supplier.

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

23

(1) Once during each obligation period, the person to be issued with a ROC certifying the matters within section 32B(5), (6) or (8) of the Act must confirm to the Authority in writing, whether before or after the generation of the electricity to which the ROC relates, the matters set out in paragraph (2).

(2) Those matters are—

(a) that each of the generating stations in relation to which the ROC is to be issued—

(i) is a microgenerator, and

(ii) is accredited as a generating station capable of generating electricity in the same way from the same renewable source; and

(b) where the generating stations in relation to which the ROC is to be issued are operated by two or more persons (“the operators”), that the operators have each—

(i) appointed the person providing the confirmation to act as agent to receive the ROC on their behalf in accordance with article 19, and

(ii) agreed that their entitlement to ROCs should be determined in the same way (either on a monthly basis or on an annual basis, depending on whether or not a notice has been given to the Authority under article 94(2)).

Refusing to issue and revoking ROCs

24

(1) The Authority may refuse to issue a ROC where, in its opinion—

(a) any confirmation required under articles 20 to 23 in respect of that ROC has not been provided,

(b) any confirmation provided to it under this Part is not accurate and reliable, or

(2) Where, in relation to any electricity generated by a generating station in a month, the Authority is satisfied that—

(a) any confirmation provided to it under this Part is false,

(b) any information requested under or required to be provided by article 78 or 80 is false, or

(c) a ROC was issued on the basis of any fraudulent behaviour, statement or undertaking on the part of the operator of that generating station or a connected person or, where ROCs are issued to an agent by virtue of article 19, that agent,

the Authority may revoke all ROCs issued in respect of that electricity in that month.

(3) The Authority must revoke any ROC which it has issued where the ROC certifies the matters within section 32B(4) or (6) of the Act and the Northern Ireland authority has notified the Authority that it is not satisfied that the electricity in respect of which the ROC was issued has been supplied to customers in Northern Ireland.

(4) Where the Authority—

(a) is no longer satisfied that a ROC is accurate or should have been issued,

(b) has reasonable doubts as to the accuracy or reliability of the information upon which it relied prior to the issue of a ROC, or

(c) has been unable, due to a failure or refusal by any person (whether inside or outside England and Wales) to provide it with any information reasonably requested by it, to check the accuracy of either a ROC or any information which it relied upon prior to the issue of a ROC,

it may revoke the ROC (or another ROC which is identical in all material respects and which has been issued to the same person).

(5) In determining whether to revoke a ROC under paragraph (3) or (4), the Authority may disregard any changes to the amounts for RO input electricity, RO output electricity, total input electricity and total output electricity which were used by it to determine a generating station's RO eligible renewable output in a month if satisfied that, in all the circumstances, it is reasonable for it to do so.

(6) Where the Authority revokes a ROC it must delete that ROC from the Register and as soon as reasonably practicable afterwards give notice in writing of such revocation to the person who was the registered holder of the ROC at the time of its revocation.

(7) This article is subject to article 25(2) to (4).

Where ROCs cannot be revoked

25

(1) A ROC cannot be revoked where it has been produced to the Authority under article 7 or under article 5 of the 2009 Order.

(2) Nor can a ROC be revoked by the Authority under article 24(2) or (4) more than six years after it has been issued.

(3) Where the Authority would have revoked a ROC (“the original ROC”) under article 24(2) or (4) but for the fact that it has already been produced to it under article 7 or under article 5 of the 2009 Order, the Authority must, subject to paragraph (4), refuse to issue a further ROC (“the further ROC”) in respect of electricity generated by the generating station in relation to which the original ROC was issued.

(4) The Authority must refuse to issue the further ROC under paragraph (3) only if the original ROC was—

(a) issued no more than six years previously; and

(b) not issued to an electricity supplier under article 18(3) to (5).

PART 5 — RO eligible renewable output

Meaning of RO input electricity

26

(1) This article applies for the purposes of this Part.

(2) In any month where the total installed capacity of a generating station does not include any excluded capacity, “RO input electricity”, in relation to that station, means the total input electricity of the station during that month.

(3) Subject to paragraphs (4) and (5), in any month where the total installed capacity of a generating station includes excluded capacity, the “RO input electricity” of the station is equal to

(a) A is the total input electricity of the station during that month,

(b) B is the total installed capacity of the excluded capacity, and

(4) Subject to paragraph (5), in any month where the total installed capacity of a generating station includes excluded capacity and electricity which is used by the station solely for purposes directly related to the operation of the excluded capacity is measured separately from the remainder of the electricity used by the station, the “RO input electricity” of the station is equal to

(a) A is the total input electricity of the station during that month, and

(b) D is the total amount of electricity measured as being used by the station solely for purposes directly related to the operation of the excluded capacity during that month.

(5) In any month where—

(a) the total installed capacity of a generating station includes excluded capacity,

(b) all of the electricity which is used by the station for purposes directly related to the operation of the RO capacity is measured separately from the remainder of the electricity used by the station, and

(c) the station does not generate electricity wholly or partly from hydrogen (other than hydrogen that constitutes fossil fuel),

in relation to that station, “RO input electricity” means the total amount of electricity measured as being used by the station for purposes directly related to the operation of the RO capacity during that month.

(6) In this article, references to electricity used by a generating station for purposes directly related to the operation of excluded capacity or RO capacity include electricity used for those purposes whether or not the electricity was generated by the station or used while the station was generating electricity.

(7) In this article, “operation” includes fuel handling, fuel preparation, maintenance and the pumping of water.

Meaning of RO output electricity

27

(1) This article applies for the purposes of this Part.

(2) In any month where the total installed capacity of a generating station does not include any excluded capacity, “RO output electricity”, in relation to that station, means the total output electricity of the station during that month.

(3) Subject to paragraph (4), in any month where the total installed capacity of a generating station includes excluded capacity and all of the electricity generated by the excluded capacity is measured separately from any electricity generated by the station using RO capacity, the “RO output electricity” of the station is equal to

(a) E is the total output electricity of the station during that month, and

(b) F is the total amount of electricity measured as being generated by the excluded capacity during that month.

(4) In any month where the total installed capacity of a generating station includes excluded capacity and all of the electricity generated by the station using RO capacity is measured separately from any electricity generated by the station using excluded capacity, “RO output electricity”, in relation to that station, means the total amount of electricity measured as being generated by the RO capacity during that month.

ROCs to be issued by the Authority in respect of a generating station's RO eligible renewable output

28

(1) Subject to paragraphs (2) and (5) and article 94, ROCs—

(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.

(2) Where—

(a) electricity was generated—

(i) by a generating station with a total installed capacity of at least 1 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,

ROCs 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.

(3) For the purposes of paragraph (2), the greenhouse gas emissions from the use of biomass must be calculated in accordance with paragraphs 3 to 5 of Schedule 2.

(4) When issuing ROCs in respect of electricity generated in a month by a generating station or, in the case of ROCs 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 29 or 30 (whichever is applicable); and

(b) issue ROCs in respect of that station's or those stations' RO eligible renewable output, the amount of electricity to be stated in each ROC being determined in accordance with articles 31 to 41.

(5) Where the number of megawatt hours of RO eligible renewable output in respect of which ROCs are to be issued does not equate to a whole number of ROCs, 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) In this article, “relevant target” has the same meaning as in Part 1 of Schedule 2.

(7) This article is subject to Schedule 6.

Calculating a generating station's RO eligible renewable output

29

(1) Subject to article 30, the RO eligible renewable output of a generating station in any month is equal to

(2) In paragraph (1)—

(a) A is the RO output electricity of the station during the month in question, less—

(i) any electricity generated by the station during that month from fossil fuel, and

(ii) any ineligible electricity generated by the station during that month; and

(b) B is—

(i) where the RO input electricity used by the station during the month in question does not exceed 0.5% of the RO output electricity of the station during that month, zero; and

(ii) in any other case, the RO input electricity used by the station during that month.

(3) For the purposes of paragraph (2), where a generating station generates electricity from fossil fuel in any month, the amount of electricity so generated is equal to

(4) In paragraph (3)—

(a) “B” has the same meaning as in paragraph (2);

(b) C is the RO output electricity of the station during the month in question;

(c) D is the energy content of all of the fossil fuel used in generating the RO output electricity of the station during that month;

(d) E is the energy content of any fossil fuel used by the station to generate ineligible electricity during that month; and

(e) F is the energy content of all of the fuels used in generating that station's RO output electricity during that month.

(5) In this article, “ineligible electricity” means electricity which is generated using the RO capacity of a generating station and which is—

(a) electricity in respect of which ROCs are not to be issued by virtue of Part 7, or

(b) electricity in respect of which the Authority has decided to refuse to issue a ROC in accordance with article 24(1) or 25(3).

Calculating the RO eligible renewable output of a qualifying CHP station

30

(1) This article applies to a qualifying CHP station in any month during which it generates electricity from waste (other than waste which constitutes biomass or is used by the station 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).

(2) The RO eligible renewable output of a generating station to which this article applies in any month is equal to

(3) In this article—

(a) “A” and “B” have the same meanings as in article 29;

(b) G is the qualifying power output of the station; and

PART 6 — Banding

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

31

(1) References in this Part to a category of generating capacity are references to one of the following—

(a) pre-2013 capacity;

(b) 2013/14 capacity;

(d) 2015/16 capacity;

(e) post-2016 capacity.

(2) Paragraph (3) applies for the purposes of this Part.

(3) Where during any month two or more categories of generating capacity form part of the RO capacity of a generating station, the proportion of a station's RO eligible renewable output which is generated by each category of generating capacity is

(4) In paragraph (3)—

(a) A is the total installed capacity of that category of generating capacity of the station in the month in question (other than any of that category of generating capacity which forms part of the excluded capacity of the station), and

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

Calculating the amount of electricity generated in a particular way

32

(1) References in this Part to a way of generating electricity are references to—

(a) one of the ways of generating electricity described in the first column of Parts 2, 3 or 5 of Schedule 5;

(b) generating electricity in the way described in article 36(1)(c);

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

(2) Paragraph (3) applies for the purposes of this Part.

(3) 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 a way that does not use fuel,

(b) in the case of electricity generated using mixed gas in the way described as “AD” in Schedule 5,

(c) in the case of electricity generated using mixed gas in the way described as “electricity generated from sewage gas” in Schedule 5,

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

(4) In paragraph (3)—

(a) B is the total installed capacity of the RO capacity of the station in that month;

(b) C is the maximum capacity in that month at which the station could generate electricity—

(i) in the way in question,

(ii) using RO capacity, and

(iii) for a sustained period without causing damage to the station (assuming the source of power used by the station to generate electricity was available to it without interruption);

(i) from fuel,

(ii) using RO capacity, and

(iii) for a sustained period without causing damage to the station (assuming the fuel used by the station to generate electricity was available to it without interruption);

(d) E is the energy content of the mixed gas used in generating the station's RO output electricity during that month less the energy content of any fossil fuel from which the mixed gas is in part composed;

(e) F 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 any fossil fuel from which those renewable sources are in part composed;

(f) G is the dry mass of—

(i) any renewable waste (other than sewage), and

(ii) any biomass (other than sewage or renewable waste),

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;

(g) H 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;

(h) I is the dry mass of the sewage from which the mixed gas used in generating the station's RO output electricity during that month is formed; and

(i) J is the energy content of the renewable sources used in generating the station's RO output electricity in the way in question during that month less the energy content of any fossil fuel from which those renewable sources are in part composed.

(5) For the purposes of paragraphs (3) and (4)(c), electricity generated in the way described as “landfill gas heat recovery” in Schedule 5 is to be regarded as not generated from fuel.

(6) 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—renewable waste (other than sewage), orbiomass (other than sewage).

The amount of electricity to be stated in each ROC

33

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

(2) Subject to articles 34 to 41, the amount of electricity to be stated in each ROC is to be determined in accordance with paragraphs (3) to (8).

(3) Each ROC 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 5,

must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule.

(4) Each ROC 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 3 of Schedule 5,

must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule.

(5) Each ROC 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 3 of Schedule 5,

must state the amount of electricity which corresponds to that description in the third column of that Part of that Schedule.

(6) Each ROC 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 3 of Schedule 5,

must state the amount of electricity which corresponds to that description in the fourth column of that Part of that Schedule.

(7) Each ROC 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 3 of Schedule 5,

must state the amount of electricity which corresponds to that description in the fifth column of that Part of that Schedule.

(8) The amount of electricity to be stated in each ROC to be issued in respect of electricity generated in a way which is not described in the first column of Part 2 of Schedule 5 is 1 megawatt hour.

Microgenerators

34

(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) Each ROC to be issued in respect of electricity generated—

(a) by a generating station to which this article applies, and

(b) using a category of generating capacity described in the first column of Part 4 of Schedule 5,

must state the amount of electricity which corresponds to that description in the second column of that Part of that Schedule.

(3) This article is subject to article 41.

Electricity generated by qualifying CHP stations

35

(1) This article applies to electricity (“relevant electricity”)—

(a) which is generated by a qualifying CHP station in a way described in the first column of Part 5 of Schedule 5,

(b) to which article 36 does not apply, and

(2) Subject to paragraphs (3) to (6), the amount of electricity to be stated in each ROC issued in respect of relevant electricity is to be determined in accordance with article 33(3) to (7).

(3) Where relevant electricity is generated using pre-2013 capacity, the amount of electricity to be stated in each ROC is—

(a) in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 5 of Schedule 5 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 5 of Schedule 5 which corresponds to the description of the way in which the electricity is generated in the first column of that Part of that Schedule.

(3A) But paragraph (3) does not apply in the case of relevant electricity generated using pre-2013 capacity by a relevant qualifying CHP station unless a declaration has been made in accordance with paragraph (7) in respect of the pre-2013 capacity of the station.

(3B) In paragraph (3A), “relevant qualifying CHP station” means a qualifying CHP station that—

(a) was accredited on or before 31st March 2013; and

(b) became a qualifying CHP station for the first time on or after the date on which the Renewables Obligation (Amendment) Order 2018 comes into force.

(4) Where a declaration has been made in accordance with paragraph (7) in respect of the 2013/15 capacity of a station, and relevant electricity is generated by that station using 2013/15 capacity, the amount of electricity to be stated in each ROC is—

(a) in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 5 of Schedule 5 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 5 of Schedule 5 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 station, and relevant electricity is generated by that station using 2015/16 capacity, the amount of electricity to be stated in each ROC is—

(a) in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 6 of Schedule 5 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 6 of Schedule 5 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 station, and relevant electricity is generated by that station using post-2016 capacity, the amount of electricity to be stated in each ROC is—

(a) in respect of the qualifying proportion of that electricity, the amount of electricity in the second column of Part 7 of Schedule 5 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 7 of Schedule 5 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 pre-2013 capacity, 2013/15 capacity, 2015/16 capacity or post-2016 capacity of the station;

(ba) in the case of a declaration made in respect of the pre-2013 capacity of the station, it confirms that—

(i) pre-2013 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;

(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 bioliquid, biomass 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 bioliquid, biomass 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 ROCs may be issued, the operator of the station will not claim support under any relevant scheme for heat produced by the station using the category 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 41.

Low-range co-firing of relevant energy crops

36

(1) This article applies to electricity which is generated—

(a) before 1st April 2019,

(b) by a generating station to which article 34 does not apply, and

(i) the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month, and

(ii) the generating station generates electricity partly from fossil fuel and partly from renewable sources.

(2) Subject to paragraph (4), the amount of electricity to be stated in each ROC issued in respect of electricity to which this article applies is 1 megawatt hour.

(3) Paragraph (4) applies where electricity to which this article applies is generated—

(a) by a qualifying CHP station,

(b) in a month in which the fossil fuel used by the station to generate electricity has been burned in a separate combustion unit from the relevant energy crops used by the station to generate electricity, and

(i) pre-2013 capacity, or

(ii) 2013/15 capacity, 2015/16 capacity or post-2016 capacity in respect of which a declaration has been made in accordance with article 35(7).

(4) Where this paragraph applies, the amount of the electricity to be stated in each ROC is—

(a) in respect of the qualifying proportion of the electricity,

(b) in respect of the remainder of the electricity, 1 megawatt hour.

(5) Paragraphs (a), (b) and (d) of paragraph 1(2) of Part 1 of Schedule 5 apply for the purposes of this article as they apply for the purposes of that Schedule.

(6) In this article, “relevant energy crops” means energy crops which are supplied to the operator of a generating station in accordance with an agreement made—

(a) in writing,

(b) before 7th September 2012, and

(c) between the owner or operator of the generating station and a person who is not connected to the owner or operator of the station within the meaning of section 1122 of the Corporation Tax Act 2010 .

(7) This article is subject to article 41.

Generating stations which were accredited as at 11th July 2006

37

(1) This article applies to electricity which is—

(a) generated 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 34 does not apply;

(b) generated using pre-2013 capacity, and

(i) from landfill gas,

(ii) from sewage gas,

(iii) in the way described as “offshore wind” in Schedule 5,

(iv) in the way described as “solar photovoltaic” in Schedule 5, or

(v) in the way described as “wave” in Schedule 5.

(2) Subject to paragraphs (3) to (5), the amount of electricity to be stated in each ROC issued in respect of electricity to which this article applies is 1 megawatt hour.

(3) 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 (2) applies only in relation to ROCs 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 July 2006 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 July 2006 capacity;

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