Legalize / United Kingdom / Statutory-Instrument

The Renewables Obligation Order 2015

Type Statutory-Instrument

Publication 2015-11-26

Last updated 2025-12-15

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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articles 9

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(a) determine whether a shortfall has occurred (within the meaning of paragraph (2)); and

(b) where such a shortfall has occurred and is a relevant shortfall (within the meaning of paragraph (3)), calculate the total sum to be recovered from relevant suppliers (“the total mutualisation sum”).

(2) A shortfall occurs in relation to the relevant period where the amount referred to in sub-paragraph (a) is less than the amount referred to in sub-paragraph (b) and is the difference between the two—

(a) the amount referred to in this sub-paragraph is the sum of—

(i) the amount held in the buy-out fund on the 1st September in the settlement period, and

(ii) the amount held in the late payment fund on 31st October in that period (excluding from that amount any interest paid pursuant to article 68(3)); and

(b) the amount referred to in this sub-paragraph is what the amount referred to in sub-paragraph (a) would have been if, on 31st October in the settlement period, each designated electricity supplier which, at the end of the late payment period, has not (and is not treated as having) discharged its renewables obligation in full were to pay to the Authority the amount notified to it by the Authority under article 68(1).

(3) A shortfall in relation to a relevant period is a relevant shortfall if it is equal to, or in excess of, the mutualisation threshold for that period.

(4) The mutualisation threshold for a relevant period is determined as 1% of A x B, rounded to the nearest £100,000 with £50,000 being rounded upwards, where—

(i) A is the total obligation for the relevant period determined under article 12;

(ii) B is the buy-out price for the relevant period referred to in article 67(4).

Calculating the total mutualisation sum in the case of a relevant shortfall

73

(1) Subject to paragraphs (2) to (4), where a relevant shortfall has occurred in relation to the relevant period, the total mutualisation sum for that period is the amount of that shortfall.

(2) Where any non-compliant UK supplier has produced UK ROCs to the Authority or the Northern Ireland authority in order to discharge, in part, any UK renewables obligation to which it was subject in the relevant period, the total mutualisation sum for that period is equal to

(a) S, subject to paragraphs (3) and (4), is the amount of the shortfall;

(b) C is the number of UK ROCs produced by non-compliant UK suppliers to the Authority or the Northern Ireland authority in order to discharge, in part, any UK renewables obligation to which they were subject in the relevant period; and

(c) D is the total number of UK ROCs produced by UK suppliers to the Authority or to the Northern Ireland authority in order to discharge, in whole or in part, any UK renewables obligation to which they were subject in the relevant period.

(3) If the total mutualisation sum for the relevant period has to be recalculated by virtue of article 75(5), for the purposes of that recalculation (whether under paragraph (1) or (2)) the amount of the shortfall is to be reduced by the sum of all payments mentioned in article 75(1)(b) received by UK suppliers.

(4) For the purposes of calculating or recalculating the total mutualisation sum for the relevant period, the amount (if any) by which the shortfall in relation to that period exceeds the mutualisation cap for that period is to be disregarded.

(5) The mutualisation cap for the relevant period depends on which obligation period constitutes the relevant period and is—

(a) for the relevant period commencing with 1st April 2016, the 2015/16 mutualisation cap increased or, as the case may be, decreased by the percentage increase or decrease in the retail prices index over the 12 month period ending on 31st December 2015 (the resulting figure being rounded to the nearest penny, with any half of a penny being rounded upwards); and

(b) for each obligation period thereafter, the mutualisation cap for the previous obligation period increased or, as the case may be, decreased by the percentage increase or decrease in the retail prices index over the 12 month period ending with the 31st December in the previous obligation period (the resulting figure being rounded to the nearest penny, with any half of a penny being rounded upwards).

(6) In paragraph (5), the “2015/16 mutualisation cap” is £267,035,558.91.

Payments to be made by suppliers towards the total mutualisation sum

74

(1) Where a relevant shortfall has occurred in relation to the relevant period, as soon as reasonably practicable after the 31st October in the settlement period the Authority must notify each relevant supplier of—

(a) the amount of the shortfall,

(b) the total mutualisation sum, and

(2) Where the Authority notifies relevant suppliers under paragraph (1) it must publish a notice stating the amount of the shortfall in relation to the relevant period and the total mutualisation sum.

(3) Where a relevant shortfall has occurred in relation to the relevant period, each relevant supplier must make a payment to the Authority (a “supplier payment”).

(4) The supplier payment for each relevant supplier is equal to

(a) T is the total mutualisation sum,

(b) E is the number of UK ROCs that the supplier, if it had made no payments under article 67 or 68, would have had to produce to the Authority in order for it to have discharged its renewables obligation for the relevant period in full, and

(c) F is the total number of UK ROCs that all relevant suppliers, if none of them had made payments under articles 67 or 68 would have had to produce in order for each of them to discharge their renewables obligation for the relevant period in full.

(5) Subject to article 75, each relevant supplier must make its supplier payment in the following instalments (“instalment payments”)—

(a) 25% of the supplier payment required must be paid to the Authority before 1st September in the mutualisation period;

(b) 25% of the supplier payment must be paid to the Authority before 1st December in that period;

(d) 25% of the supplier payment must be paid to the Authority before 1st June immediately following that period.

(6) Where a person required to make a supplier payment—

(a) fails to make payment in full, and

(b) at any time during or after the end of the relevant period ceases to hold a licence to supply electricity under section 6(1) of the Act ,

sections 25 to 28 of the Act are to apply in respect of that person in respect of the obligations imposed by this article, as if that person still held a licence to supply electricity.

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

75

(1) This article and article 76 apply where—

(a) a relevant shortfall has occurred in relation to the relevant period, and

(b) a designated electricity supplier which failed to discharge its renewables obligation for the relevant period makes a payment to other UK suppliers which, if it had been made to the Authority under article 67 or 68, would have increased the amounts that those suppliers would have received under article 71 from the buy-out and late payment funds, that payment being designed to compensate those suppliers for that loss.

(2) A designated electricity supplier which makes a payment mentioned in paragraph (1)(b) must, immediately after making the payment, notify the Authority—

(a) of the names of the UK suppliers to which the payment was made,

(b) how much each UK supplier received, and

(3) Any designated electricity supplier which receives a payment mentioned in paragraph (1)(b) must notify the Authority, immediately after receiving the payment, of the amount it received.

(4) Where a designated electricity supplier receives a payment from an electricity supplier supplying electricity in Scotland in relation to the electricity supplier's failure to discharge in full any UK renewables obligation imposed on it by a renewables obligation order made by the Scottish Ministers, the designated electricity supplier must notify the Authority, immediately after receiving the payment, of the amount it received.

(5) Where, before 1st August in the obligation period immediately following the mutualisation period, the Authority receives a notification under paragraph (2) or (3), relevant suppliers shall cease to be required to make instalment payments in respect of dates specified in article 74(5) which have not yet passed and the Authority must, as soon as is reasonably practicable—

(a) recalculate the total mutualisation sum (in relation to the relevant period),

(b) recalculate the supplier payment (in relation to the relevant period) which each relevant supplier is required to make (to take account of the recalculated total mutualisation sum),

(c) calculate, in accordance with article 76, the payments (if any) suppliers are required to make under that article, and

(d) notify each relevant supplier of—

(i) the recalculated total mutualisation sum,

(ii) its recalculated supplier payment, and

(iii) the payments (if any) the supplier is required to make under article 76.

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

76

(1) Where the sum of instalment payments already made by a relevant supplier is less than its recalculated supplier payment, the supplier must pay the difference between the two (“the outstanding amount”)—

(a) where the only date mentioned in article 74(5) which has not yet passed is the final one, on that date;

(b) where two or more of the dates mentioned in article 74(5) have not yet passed, in instalments on those dates (each instalment being equal to the outstanding amount divided by the number of dates which have not yet passed).

(2) Where the sum of instalment payments already made by a relevant supplier is more than the supplier's recalculated supplier payment and the Authority has received instalment payments, but has not yet paid out the mutualisation fund under article 77, the Authority must repay to the supplier from the mutualisation fund the difference between the amount that the supplier has paid (together with any interest earned on that amount) and the supplier's recalculated supplier payment.

(3) Where the Authority is required to repay sums to relevant suppliers in accordance with paragraph (2) and the mutualisation fund is insufficient to enable the Authority to repay each relevant supplier in full, the Authority must pay each relevant supplier an amount equal to

(a) G is the amount which the supplier would have received under paragraph (2) had the amount in the mutualisation fund been sufficient to enable the Authority to repay each relevant supplier in full,

(b) H is the sum of all payments that relevant suppliers would have received under paragraph (2) had the amount in the mutualisation fund been sufficient to enable the Authority to repay each relevant supplier in full, and

(4) Where any amount to be paid under paragraph (2) or (3) is not a whole number when expressed in terms of pounds sterling, it is to be rounded down to the nearest pound sterling.

(5) Where by virtue of the operation of paragraph (4) the Authority continues to hold any sum which otherwise would have been paid out under this article that sum is to be retained by the Authority and is to constitute part of the buy-out fund held in the obligation period immediately following the mutualisation period.

Payments to be made to suppliers out of the mutualisation fund

77

(1) The Authority must pay out the mutualisation fund to compliant UK suppliers in accordance with paragraphs (2) to (6).

(2) When there is money in it, the mutualisation fund is to be paid out by—

(a) 1st November in the mutualisation period;

(b) 1st February in that period;

(d) 1st August immediately following that period.

(3) On each occasion the mutualisation fund is paid out, each compliant UK supplier must be paid a proportion of the mutualisation fund.

(4) The proportion referred to in paragraph (3) is A ÷ K where—

(a) A is the number of UK ROCs produced by the compliant UK supplier to the Authority or Northern Ireland authority in order to discharge (in whole or in part) any UK renewables obligation to which it was subject in the relevant period, and

(b) K is the total number of UK ROCs produced by all compliant UK suppliers to the Authority or Northern Ireland authority in order to discharge (in whole or in part) any UK renewables obligation to which they were subject in that period.

(5) Where any amount to be paid under this article is not a whole number when expressed in terms of pounds sterling, it is to be rounded down to the nearest pound sterling.

(6) Where following the making of a payment to compliant UK suppliers the Authority continues, by virtue of the operation of paragraph (5), to hold any sum which otherwise would have been paid out under this article—

(a) the Authority must pay out that sum along with the next payment to be made under this article in respect of the relevant period; or

(b) where there are no further payments to be made under this article in respect of the relevant period that sum is to be retained by the Authority and is to constitute part of the buy-out fund held in the obligation period immediately following the mutualisation period.

PART 9 — Provision of information

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

78

(1) The Authority may, by the date (if any) specified by it, require any person who—

(a) is the operator of a generating station generating electricity in respect of which a ROC has been or may be issued,

(b) supplies, distributes or transmits such electricity, or

to provide it with such information as in its opinion it requires in order to carry out any of its functions under this Order.

(2) Information requested under paragraph (1) must be given to the Authority in whatever form it requires.

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

79

(1) Without prejudice to article 78, the Authority may, by the date (if any) specified by it, require a designated electricity supplier to provide it with information which in its opinion is relevant to the question whether the supplier is discharging, or has discharged, its renewables obligation.

(2) Without prejudice to paragraph (1) and article 78, each designated electricity supplier must provide the Authority with—

(a) estimates of the amount of electricity it has supplied to customers in England and Wales during each month of an obligation period by no later than the 1st June following that period;

(b) figures showing the amount of electricity it has actually supplied to customers in England and Wales during each month of an obligation period by no later than the 1st July following that period;...

(ba) estimates of the amount of EII excluded electricity it has supplied to customers in England and Wales during each month—

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

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

by no later than the 1st June following that period;

(bb) figures showing the amount of EII excluded electricity it has actually supplied to customers in England and Wales during each month—

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

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

by no later than the 1st July following that period; and

(c) an estimate of the number of UK ROCs it believes it would be required to produce to the Authority in order to discharge its renewables obligation for an obligation period if it did not discharge its renewables obligation for that period (in whole or in part) by some other means by no later than the 1st July following that period.

(3) When giving the information referred to in paragraph (2)(a) and (b), a designated electricity supplier must have regard to any sales figures relating to the electricity in respect of which it is giving that information which it has provided (or intends to provide) to the Department for Energy Security and Net Zero for publication in “Energy Trends”.

(4) Information requested under or required to be provided by this article must be given to the Authority in whatever form it requires.

(5) Any information provided to the Authority under this article must be provided to the Secretary of State at the same time.

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

80

(1) Without prejudice to article 78, the Authority may, by the date (if any) specified by it, require a person to provide it with information which in its opinion is relevant to the question whether a ROC is, or was or will in future be, required to be issued to the person.

(2) Without prejudice to paragraph (1) and article 78, for the purposes of determining the RO eligible renewable output of a generating station in a month (“the relevant month”) the operator of the station must provide the Authority with figures showing—

(a) the total input electricity and the RO input electricity used by the station in the relevant month, and

(b) the total output electricity and the RO output electricity of the station in that month,

by the end of the second month following the relevant month (and those figures may be estimated if the Authority has agreed to estimates being provided and to the way in which those estimates are to be calculated).

(3) Nothing in paragraph (2) prevents the Authority from accepting figures, or further figures, provided after the end of the second month following the relevant month if the Authority considers it appropriate to do so.

(4) Without prejudice to paragraph (1) and article 78, for the purposes of determining whether a ROC certifying the matters within section 32B(5), (6) or (8) of the Act should be issued the person to whom any such ROC would be issued must provide the Authority with—

(a) a figure representing the amount of electricity in respect of which ROCs should (in that person's opinion) be issued, and

(b) the data on which that person relied in arriving at that figure.

(5) Information requested under or required to be provided by this article must be given to the Authority in whatever form it requires.

(6) Any information which—

(a) is relevant to the question whether a ROC is to be issued, and

(b) is requested by or required to be provided to the Authority under this article or article 78,

must be (in the Authority's opinion) accurate and reliable.

(7) Where such information relates to the fuel used in the generation of that electricity and the fuel did not originate at the generating station, in determining whether that information is accurate and reliable the Authority must have regard to—

(a) the distance over which the fuel was transported, and

(b) the conditions under which the fuel was prepared and transported.

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

81

(1) The operator of a generating station which generates electricity by burning fuel in a combustion unit may notify the Authority in writing that, until such time as the notification is withdrawn, the energy content of any biomass burned in that combustion unit will be less than 50% of the energy content of all of the energy sources burned in that combustion unit.

(2) A notification under paragraph (1) constitutes sufficient evidence of the fact that the energy content of the biomass burned in the combustion unit referred to in the notification is less than 50% of the energy content of all the energy sources burned in that combustion unit.

(3) A notification under paragraph (1) may be withdrawn by a notice—

(a) in writing from the operator of the generating station to the Authority, and

(b) which specifies a date from which the withdrawal of the notification is to take effect.

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

82

(1) This article applies to a generating station—

(a) which generates electricity (wholly or partly) from biomass (other than municipal waste, landfill gas or sewage gas), and

(b) which is not a microgenerator.

(2) In relation to each consignment of biomass (other than municipal waste, landfill gas or sewage gas) used in a generating station to which this article applies, the operator of the station must, by the 30th June immediately following the obligation period during which the biomass is used (“the relevant date”), provide the Authority with—

(a) the information specified in paragraph (3),

(b) other than in the case of biomass which was gas formed by the anaerobic digestion of material which was—

(i) animal excreta, or

(ii) waste,

the information specified in paragraph (4), and

(i) was used in a generating station with a total installed capacity of at least 1 megawatt, or

(ii) was animal excreta, bioliquid or waste,

the information specified in paragraph (5).

(3) The information specified in this paragraph is information identifying, to the best of the operator's knowledge and belief—

(a) the material from which the biomass was composed;

(b) where the biomass was solid and can take different forms, the form of the biomass;

(d) where the biomass was plant matter or derived from plant matter, the country where the plant matter was grown; and

(e) where the information specified in sub-paragraph (d) is not known or the biomass was not plant matter or derived from plant matter, the country from which the operator obtained the biomass.

(4) The information specified in this paragraph is information identifying, to the best of the operator's knowledge and belief—

(a) where the biomass was solid, its mass (in tonnes);

(b) where the biomass was liquid, its volume (in litres) when measured at 25 degrees Celsius and 0.1 megapascals;

(d) where the biomass was an energy crop and was not a bioliquid—

(i) the type of energy crop in question, and

(ii) the use of the land on which the biomass was grown in the year before the land was first used to grow energy crops;...

(e) where the biomass was, or was derived from, wood and was not waste or bioliquid—

(i) the name of the forest or other location where that wood was grown,

(ii) a description of the forestry management practices or land management practices used in the forest or other location where that wood was grown,

(iii) where any of the wood was likely to be a protected or threatened species, the name of that species and the proportion of the biomass that is likely to be composed of, or derived from, that species,

(iv) the proportion of the biomass that was, or was derived from, a saw log, and the specification adopted by the operator in accordance with paragraph (6) for the purpose of determining the proportion of the biomass that was, or was derived from, a saw log, and

(v) the proportion of the biomass that was, or was derived from, hardwood and the proportion that was, or was derived from, softwood; and

(f) where the biomass was bioliquid used in a generating station on or after 1st January 2018, its energy content produced from each of the following categories of crop—

(i) starch-rich crops;

(ii) sugars;

(iii) oil crops;

(iv) any other crops grown as a main crop primarily for energy purposes on agricultural land.

(5) The information specified in this paragraph is information identifying, to the best of the operator's knowledge and belief—

(a) the greenhouse gas emissions from the use of the biomass to generate one megajoule of electricity;

(b) where the biomass does not meet the greenhouse gas criteria, the main reasons why biomass meeting the greenhouse gas criteria was not used;

(d) where the biomass does not meet the land criteria, the main reasons why biomass meeting the land criteria was not used; and

(e) where any of the information specified in sub-paragraphs (a) and (c) is not known—

(i) the main reasons why that information is not known, and

(ii) the main reasons why biomass for which that information is known was not used.

(6) For the purposes of paragraph (4)(e)(iv), the operator of the generating station must adopt a specification which is identical to—

(a) a specification for determining whether wood is a saw log—

(i) used by the sawmill closest to where the wood was grown, or

(ii) issued by a body exercising functions of a public nature and issued for use by sawmills in the area in which the wood was grown, or

(b) the specification in the second column of Table 1 of Forestry Commission Field Book 9 (other than the parts of that specification relating to “log category” and “species” set out in the first and second rows of that table).

(7) For the purposes of paragraph (5)(a), the operator of the generating station must calculate the greenhouse gas emissions from the use of the biomass in accordance with paragraphs 3(a), 4 and 5 of Schedule 2.

(8) Where, in relation to biomass used in a generating station to which this article applies, the operator of the station fails to provide the Authority with the information required by paragraph (2) by the relevant date, the Authority must, in relation to any ROCs to which the operator would otherwise be entitled, postpone the issue of those ROCs (up to the specified number) until such time as the information is provided.

(9) For the purposes of paragraph (8), the specified number is the number of ROCs which the Authority has or estimates that it has or, but for this article, it would have issued in respect of the electricity generated by the biomass in relation to which the information required by paragraph (2) should have been provided.

(10) In this article—

“Forestry Commission Field Book 9” means Forestry Commission Field Book 9, 2nd edition 1993, entitled “Classification and Presentation of Softwood Sawlogs”;

“protected or threatened species” means—a species listed in Appendices I, II or III of the Convention on International Trade in Endangered Flora and Fauna , ora species which is at risk of extinction;...

“saw log” means wood which is suitable for processing at a sawmill; and.

“starch-rich crops” includes—cereals (regardless of whether only the grains are used or the whole plant (such as in the case of green maize) is used);tubers and root crops (such as potatoes, Jerusalem artichokes, sweet potatoes, cassava and yams); andcorm crops (such as taro and cocoyam).

Bioliquid sustainability audit report

83

(1) This article applies to a generating station which generates electricity (wholly or partly) from bioliquid.

(2) In relation to each consignment of bioliquid used in a generating station to which this article applies, and in respect of which the operator has submitted sustainability information, the operator of the station must, by the 31st May immediately following the obligation period during which the bioliquid was used (“the relevant date”), provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3).

(3) The requirements specified in this paragraph are that the sustainability audit report must—

(a) be prepared by a person who is not—

(i) the owner or operator of the generating station; or

(ii) a connected person, in relation to the owner or operator of the generating station;

(b) consider whether the systems used to produce the sustainability information are likely to produce information which is reasonably accurate and reliable;

(c) consider whether there are controls in place to help protect the sustainability information against material misstatements due to fraud or error;

(d) consider the frequency and methodology of any sampling carried out for the purpose of obtaining or checking the data on which the operator relied in preparing the sustainability information;

(e) consider the robustness of the data on which the operator relied in preparing the sustainability information;

(f) state whether anything has come to the attention of the person preparing the report to indicate that the sustainability information is not accurate;

(g) be prepared to an adequate standard;

(h) identify whether the bioliquid was certified under an environmental quality assurance scheme, and if so—

(i) state the name of the scheme, and

(ii) identify whether the European Commission has adopted a decision under Article 18(4) of the Renewables Directive in respect of the scheme; and

(i) where the bioliquid was not derived from waste or residue and the actual value method or the mixed value method was used for the purpose of calculating the greenhouse gas emissions from the use of the bioliquid, identify—

(i) whether a restored degraded land bonus was included in the calculation of the greenhouse gas emissions from the use of the bioliquid, and

(ii) whether an emission saving from soil carbon accumulation via improved agricultural management was included in the calculation of the greenhouse gas emissions from the use of the bioliquid.

(4) Subject to paragraph (5), it is for the operator of the generating station to demonstrate to the Authority's satisfaction that the sustainability audit report was prepared to an adequate standard.

(5) A sustainability audit report shall be deemed to have been prepared to an adequate standard if it has been prepared in accordance with the requirements in respect of limited assurance engagements prescribed in ISAE 3000, or an equivalent standard.

(6) Where, in relation to bioliquid used in a generating station to which this article applies, the operator of the station fails to provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3) by the relevant date, the Authority must, in relation to any ROCs to which the operator would otherwise be entitled, postpone the issue of those ROCs (up to the specified number) until such time as the sustainability audit report is provided.

(7) For the purposes of paragraph (6), the specified number is the number of ROCs which the Authority has or estimates that it has or, but for this article, would have issued in respect of the electricity generated by the bioliquid in relation to which a sustainability audit report meeting the requirements specified in paragraph (3) should have been provided.

(8) In this article—

“actual value method” has the same meaning as in Schedule 1;

“emission saving from soil carbon accumulation via improved agricultural management” has the same meaning as in Part C of Annex 5 to the Renewables Directive;

“environmental quality assurance scheme” means a voluntary scheme which establishes environmental or social standards in relation to the production of a bioliquid or matter from which the bioliquid is derived;

“mixed value method” has the same meaning as in Schedule 1;

“restored degraded land bonus” means the bonus referred to in paragraphs 7 and 8 of Part C of Annex 5 to the Renewables Directive;

“sustainability information”, in relation to a consignment of bioliquid, means the information submitted to the Authority by the operator of a generating station for the purpose of demonstrating that the bioliquid meets the greenhouse gas criteria and the land criteria.

Solid and gaseous biomass sustainability audit report

84

(1) This article applies to a generating station which—

(a) has a total installed capacity of at least 1 megawatt, and

(b) generates electricity (wholly or partly) from biomass.

(2) In relation to each consignment of biomass used in a generating station to which this article applies, and in respect of which the operator of the station has submitted sustainability information, the operator of the station must, by the 30th June immediately following the obligation period during which the biomass was used (“the relevant date”), provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3).

(3) The requirements specified in this paragraph are that the sustainability audit report must—

(a) be prepared by a person who is not—

(i) the owner or operator of the generating station, or

(ii) a connected person, in relation to the owner or operator of the generating station;

(b) consider whether the systems used to produce the sustainability information are likely to produce information which is reasonably accurate and reliable;

(c) consider whether there are controls in place to help protect the sustainability information against material misstatements due to fraud or error;

(d) consider the frequency and methodology of any sampling carried out for the purpose of obtaining or checking the data on which the operator relied in preparing the sustainability information;

(e) consider the robustness of the data on which the operator relied in preparing the sustainability information;

(f) state whether anything has come to the attention of the person preparing the report to indicate that the sustainability information is not accurate; and

(g) be prepared in accordance with the requirements in respect of limited assurance engagements prescribed in ISAE 3000, or an equivalent standard.

(4) Where, in relation to biomass used in a generating station to which this article applies, the operator of the station fails to provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3) by the relevant date, the Authority must, in relation to any ROCs to which the operator would otherwise be entitled, postpone the issue of those ROCs (up to the specified number) until such time as the sustainability audit report is provided.

(5) For the purposes of paragraph (4), the specified number is the number of ROCs which the Authority has or estimates that it has or, but for this article, would have issued in respect of the electricity generated by the biomass in relation to which a sustainability audit report meeting the requirements specified in paragraph (3) should have been provided.

(6) In this article, “sustainability information” means—

(a) in relation to a consignment of biomass which is waste, the information specified in article 82(3)(c) that is provided to the Authority by the operator of the generating station in respect of the biomass;

(b) in relation to a consignment of biomass which is not waste, any information submitted to the Authority by the operator of a generating station for the purpose of demonstrating that the biomass meets the greenhouse gas criteria and the land criteria.

(7) References in this article to biomass do not include animal excreta, bioliquid, landfill gas, municipal waste or sewage gas.

PART 10 — Functions of the Authority

Determination of matters by the Authority

85

Where this Order provides for any matter to be determined by the Authority—

(a) the Authority may require the operator of the generating station to demonstrate to the Authority's satisfaction how that matter is to be determined, and

(b) 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 indicates how the matter is to be determined.

Functions of the Authority

86

(1) In addition to the functions assigned to it elsewhere in this Order, the Authority must carry out the following specific functions—

(a) keeping, maintaining and making available to the public a list of generating stations granted preliminary accreditation in accordance with article 88 (or article 58 of the 2009 Order) and accreditation in accordance with article 89 (or article 58ZZA of the 2009 Order), together with any applicable conditions attached to the preliminary accreditation or accreditation;

(b) keeping and maintaining a list of ROCs which have been revoked and making such list available to the public;

(c) calculating and publishing before the start of each obligation period the sum which corresponds to a ROC for that period by virtue of article 67(4);

(d) calculating and publishing before the start of each obligation period the amount which is the mutualisation cap for that period by virtue of article 73(5);

(da) calculating and publishing the mutualisation threshold (referred to in article 72(4)) for each obligation period—

(i) in the case of the obligation period beginning on 1st April 2021, as soon as reasonably practicable after the date on which the Renewables Obligation (Amendment) Order 2021 comes into force;

(ii) in the case of any subsequent obligation period, before the start of that obligation period;

(e) publishing from time to time during an obligation period the total ROC claim for that period;

(f) by the 1st April each year publishing a report in relation to the obligation period ending with the 31st March in the previous calendar year (“the relevant period”), such report to include details (or, in the case of paragraph (ix), a summary) of—

(i) the compliance of each designated electricity supplier with its renewables obligation, for the relevant period, including the extent to which that obligation was met by the production of UK ROCs under article 7(2), payments made under article 67 or the production of Northern Ireland certificates under article 14(1), or was treated as met by payments made under article 68;

(ii) the sums received by each UK supplier under article 71 in relation to the relevant period;

(iii) the number of ROCs issued by the Authority, the number of ROCs accepted by it under article 7(2), and the number of ROCs issued by it but not yet deleted from the Register in relation to the relevant period;

(iv) the number of ROCs issued by the Authority in relation to the relevant period categorized by reference to the way in which the electricity in respect of which the ROCs were issued was generated;

(v) any notices published by the Authority under article 74(2) in relation to the relevant period;

(vi) any payments made to the Authority in accordance with article 74(5), during or in relation to the relevant period;

(vii) the sums received by each compliant UK supplier under article 77, during or in relation to the relevant period;

(viii) any recalculations carried out by the Authority in accordance with article 75(5), during or in relation to the relevant period;

(ix) the outcome of any enquiries or investigations conducted by the Authority pursuant to sub-paragraph (g) in relation to the relevant period; and

(x) any other matters which the Authority considers relevant in relation to the relevant period;

(g) monitoring compliance with this Order by designated electricity suppliers and operators of generating stations (including compliance by operators of generating stations with any conditions attached to their accreditation), where such monitoring may include conducting enquiries or investigations into—

(i) the amount of electricity generated from renewable sources by accredited generating stations;

(ii) the amount of such electricity supplied to customers in Great Britain;

(iii) the transfer and holding of ROCs (including the transfer and holding of ROCs issued to agents by virtue of article 19;

(iv) the effect of such matters on the making and allocation of payments under articles 67, 68, 71, 74, 76 and 77; and

(v) the effect of the renewables obligation on the activities and operations of designated electricity suppliers and operators of generating stations;

(h) publishing at its discretion reports of enquiries or investigations conducted by the Authority pursuant to sub-paragraph (g); and

(i) the provision of such information to the Northern Ireland authority as the Authority considers may be relevant to the exercise of the Northern Ireland authority's functions under any NIRO Order.

(2) The Authority must, as soon as reasonably practicable after each obligation period, forward to the Secretary of State a summary of the information submitted to it during that period by the operators of generating stations for the purpose of demonstrating that bioliquid meets the greenhouse gas criteria and the land criteria.

(3) In this article—

“compliant UK supplier” and “UK supplier” have the same meanings as in Part 8; and

“total ROC claim” means the total number of ROCs which have been claimed in respect of an obligation period, less—the number of ROCs which have been issued in respect of that obligation period, andthe number of ROCs which the Authority has, in respect of that obligation period, decided not to issue or refused to issue under article 24.

Exchange of information with the Northern Ireland Authority

87

(1) The Authority must, as soon as reasonably practicable after the specified day following an obligation period, notify the Northern Ireland authority of—

(a) the details of each Northern Ireland certificate produced to the Authority by a designated electricity supplier in discharge of that supplier's renewables obligation for that period and the name of the designated electricity supplier in question; and

(b) the total number of Northern Ireland certificates produced to the Authority in respect of that obligation period.

(2) The Authority must, as soon as reasonably practicable after receiving a notification from the Northern Ireland authority as to the ROC identifiers of ROCs produced to the Northern Ireland authority by Northern Ireland suppliers under any NIRO Order, inform the Northern Ireland authority of—

(a) the ROC identifier of any ROC so notified which the Authority has revoked under article 24 and whether it has issued a replacement ROC in respect of any such ROC (unless that replacement ROC has itself been revoked), and

(b) the ROC identifier of any ROC so notified that has been produced to the Authority by a designated electricity supplier under article 7(2) and the date on which it was produced.

(3) The Authority must, as soon as reasonably practicable after the specified day following an obligation period, notify the Northern Ireland authority of the number of UK ROCs produced to the Authority in respect of that period.

(4) In this article, “ROC identifier” has the meaning given by paragraph 3 of Schedule 4.

Preliminary accreditation of generating stations

88

(1) Subject to paragraph (2), the Authority may, upon the application of a person who proposes to construct or operate a generating station, grant the station preliminary accreditation if—

(a) the station is not yet commissioned, and

(b) it is a station in respect of which—

(i) consent under section 36 of the Act or Article 39 of the Electricity (Northern Ireland) Order 1992 has been obtained,

(ii) planning permission under the Town and Country Planning Act 1990 has been granted and any conditions as to the time period in which the development to which it relates must be begun have not been breached, ...

(iii) development consent under the Planning Act 2008 has been granted , or

(iv) infrastructure consent under the Infrastructure (Wales) Act 2024 has been granted and any conditions as to the time period in which the development to which it relates must be begun have not been breached.

(2) The Authority must not grant preliminary accreditation to a generating station—

(a) if, in the Authority's opinion, the station is unlikely to generate electricity in respect of which ROCs may be issued,

(b) if a CFD has been entered into at any time in relation to the generation of electricity by the station, or

(c) ... if an investment contract has been entered into at any time in relation to the generation of electricity by the station.

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

(4) In paragraph (1) (b)(ii) “development” has the meaning given in section 55(1) of the Town and Country Planning Act 1990.

(5) In paragraph (1)(b)(iv) “development” has the meaning given in section 133 of the Infrastructure (Wales) Act 2024.

Accreditation of generating stations

89

(1) This article applies to the granting of accreditation of generating stations by the Authority, and paragraphs (2) and (3) are subject to paragraph (4).

(2) Where a generating station has been commissioned, the Authority may, upon the application of its operator (or, where ROCs relating to electricity generated by that station are to be issued to an agent by virtue of article 19, that agent), grant the station accreditation.

(3) Where a generating station has been granted preliminary accreditation (and such preliminary accreditation has not been withdrawn) and an application for its accreditation is made under paragraph (2), the Authority must not grant that application if it is satisfied that—

(a) there has been a material change in circumstances since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused,

(b) the information on which the decision to grant the preliminary accreditation was based was incorrect in a material particular such that, had the Authority known the true position when the application for preliminary accreditation was made, it would have refused it, or

(c) there has been a change in applicable legislation since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused,

but otherwise the Authority must grant the application.

(4) The Authority must not grant accreditation to a generating station under this article—

(a) if, in the Authority's opinion, the station is unlikely to generate electricity in respect of which ROCs may be issued,

(b) subject to paragraph (5), if the generating station is a potential feed-in tariff generating station,

(c) subject to paragraph (6), if the application for accreditation is not accompanied by the documents specified in paragraph (9),

(d) subject to paragraph (7), if an application for a CFD has been made at any time in relation to the generation of electricity by the station, or

(e) ... if an investment contract has been entered into at any time in relation to the generation of electricity by the station.

(5) Paragraph (4)(b) does not apply if the application for accreditation is accompanied by a notice in writing stating whether support for electricity generated by the station should be given in the form of ROCs or in the form of financial incentives under a feed-in tariff scheme.

(6) Paragraph (4)(c) does not apply if the application for accreditation is in respect of a generating station which—

(a) is a potential feed-in tariff generating station, or

(b) is a microgenerator.

(7) Paragraph (4)(d) does not apply if the application for accreditation is accompanied by the document specified in paragraph (9)(a)(ii).

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

(9) The documents specified in this paragraph are—

(a) either—

(i) a declaration made in writing by the operator of the generating station that an application for a CFD has not been made at any time in relation to the generation of electricity by the station, or

(ii) a declaration made in writing by the operator of the generating station that every application made for a CFD in relation to the generation of electricity by the station has been rejected by the delivery body or by the Secretary of State; and

(b) ...

(i) a declaration made in writing by the operator of the generating station that an investment contract has never been entered into in relation to the generation of electricity by the station, ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this article “potential feed-in tariff generating station” means a generating station in relation to which support may be given in the form of financial incentives under the feed-in tariff scheme to encourage the generation of electricity by the station.

Preliminary accreditation and accreditation: common provisions

90

(1) This article applies to the granting and withdrawing of preliminary accreditation and accreditation of generating stations by the Authority.

(2) The Authority may, in granting preliminary accreditation or accreditation, attach such conditions as appear to it to be appropriate.

(3) Where any of the circumstances mentioned in paragraph (4) apply in relation to a preliminary accreditation or an accreditation which the Authority has granted (whether or not under this Order), and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may—

(a) withdraw the preliminary accreditation or accreditation in question;

(b) amend the conditions attached to the preliminary accreditation or accreditation;

(4) The circumstances referred to in paragraph (3) are as follows—

(a) in the Authority's view there has been a material change in circumstances since the preliminary accreditation or accreditation was granted,

(b) any condition attached to the preliminary accreditation or accreditation has not been complied with,

(c) the Authority has reason to believe that the information on which the decision to grant the preliminary accreditation or accreditation was based was incorrect in a material particular,

(d) there has been a change in applicable legislation since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would not have been granted, or

(e) there has been a change in applicable legislation since the accreditation was granted such that, in the Authority's opinion, the station to which the accreditation relates is no longer likely to generate electricity in respect of which ROCs may be issued.

(5) The Authority must notify the applicant in writing of—

(a) its decision on an application for preliminary accreditation or accreditation of a generating station,

(b) any conditions attached to the preliminary accreditation or accreditation, and

(6) In providing written notification under paragraph (5), the Authority must specify where applicable—

(a) the date on which the grant or withdrawal of preliminary accreditation or accreditation is to take effect,

(b) the date on which any conditions attached to the preliminary accreditation or accreditation are to take effect, and

Registration of offshore wind turbines

91

(1) This article applies to a generating station which—

(a) is accredited, and

(b) generates electricity using offshore wind turbines.

(2) The operator of a generating station to which this article applies may apply to the Authority in writing for one or more wind turbines forming part, or intended to form part, of the generating station to be registered under this article.

(3) For each wind turbine to which the application relates, the application must—

(a) identify the location, or the proposed location, of the wind turbine; and

(b) specify the total installed capacity of the wind turbine.

(4) Subject to paragraph (4A) The application must be received by the Authority on or before 31st March 2017.

(4A) Where the generating station generates electricity in the circumstances set out in any one or more of articles 5, 6, 7 and 11 of the Renewables Obligation Closure Order 2014, the application must be received by the Authority on or before 31st March 2018.

(5) An application to register one or more wind turbines under this article must be accompanied by—

(a) one of the documents referred to in article 92(5)(a), and

(b) the document referred to in article 92(5)(b).

(6) Following receipt of an application meeting the requirements of paragraphs (3) to (5), the Authority must register the wind turbines to which the application relates if the Authority is satisfied that—

(a) where the station was accredited before 1st April 2011, the wind turbines are registrable additional turbines;

(b) where the wind turbines are registrable additional turbines—

(i) the date of receipt of the application was no later than 5 years after the date on which registrable additional turbines were first added to the station; and

(ii) the Authority has not registered other registrable additional turbines in relation to the station on more than 4 separate occasions;

(i) the date of receipt of the application was no later than 5 years after the date on which the station was accredited; and

(ii) the Authority has not registered other wind turbines forming part of the original capacity of the station on more than 4 separate occasions; and

(d) where the wind turbines form part of the original capacity of the station and no other wind turbines have been registered under this article in relation to the station, the total installed capacity of the wind turbines to which the application relates is at least 20% of the accredited capacity of the station.

(7) The Authority must notify the applicant in writing of its decision on an application to register a wind turbine under this article.

(8) In providing written notification under paragraph (6), the Authority must specify the date on which the registration of the wind turbine is to take effect.

(9) For the purposes of this article, the date on which a registrable additional turbine is added to a generating station is the date on which the registrable additional turbine is first used to generate electricity.

(10) In this article, “registrable additional turbine” means an offshore wind turbine which—

(a) does not form part of the original capacity of a generating station, and

(b) was not used to generate electricity before 1st April 2011.

Registration of additional capacity

92

(1) This article applies to generating capacity which—

(a) forms part of a generating station which is accredited,

(b) first forms part of the station from a date no earlier than 1st April 2014, and

(2) Subject to paragraph (3), the Authority may, upon the application of an operator of a generating station using generating capacity to which this article applies, register that generating capacity under this article.

(3) The Authority must not register generating capacity under this article unless the Authority is satisfied that the application complies with the requirements of paragraphs (4) and (5).

(4) An application to register generating capacity under this article must—

(a) describe the generating capacity in sufficient detail to enable the Authority to exercise its functions under this Order in relation to the issue of ROCs in respect of electricity generated using that generating capacity, and

(b) state the total installed capacity of the generating capacity.

(5) An application to register generating capacity under this article must be accompanied by the following documents—

(a) either—

(i) a declaration made in writing by the operator of the generating station that an application for a CFD has not been made at any time in relation to the generation of electricity by the station, or

(ii) a declaration made in writing by the operator of the generating station that every application made for a CFD in relation to the generation of electricity by the station has been rejected by the delivery body or by the Secretary of State; and

(b) ...

(i) a declaration made in writing by the operator of the generating station that an investment contract has never been entered into in relation to the generation of electricity by the station, ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The Authority must notify the operator of the generating station in writing of its decision on an application to register generating capacity under this article.

ROC Register

93

(1) The Authority must establish and maintain a register of ROCs (“the Register”) in accordance with Schedule 4.

(2) A ROC is issued for the purpose of this Order at the point at which its particulars (within the meaning of Schedule 4) are entered in the Register by the Authority.

(3) Without prejudice to the foregoing provisions of this article and Schedule 4, the Authority must ensure that the Register contains, by way of entries made in it—

(a) an accurate record of the particulars of each ROC which is issued by the Authority (including the person who is for the time being its registered holder) and which remains eligible to be produced to the Authority; and

(b) a list of the names of all persons who either are the registered holder of a ROC or, although not at that time the registered holder of a ROC, have notified the Authority that they wish an entry to be made and maintained in respect of them as prospective registered holders of ROCs.

(4) Only the registered holder of a ROC may produce that ROC to the Authority under article 7.

PART 11 — Modifications and transitional provisions

Modification of this Order in relation to microgenerators in certain circumstances

94

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Revocation and savings

95

(1) Subject to paragraphs (2) to (5)—

(a) the 2009 Order is revoked; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) In this article—

Transitional provisions

96

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Consequential amendments to the Renewables Obligation Closure Order 2014

97

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

(2) In article 2(1)—

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

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

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

“regular biomass” means biomass and bioliquids;

; and

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

(3) In article 2(2)—

(a) for “2009” substitute “ 2015 ”;

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

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

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

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

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

SCHEDULE 1 — GREENHOUSE GAS CRITERIA FOR BIOLIQUID

Interpretation

1

In this Schedule—

“actual value method” means the calculation method for greenhouse gas emissions from the production and use of bioliquids provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex 5 to the Renewables Directive;

“default percentage” means—in relation to bioliquid described in the first column of Part A or Part B of Annex 5 to the Renewables Directive—the percentage (if any) which corresponds to that description in the third column of Part A or Part B of that Annex, orwhere a percentage corresponding to that description is not set out in the third column of Part A or Part B of that Annex, the percentage which complies with the provision corresponding to that description in the second column of Part A or Part B of that Annex,in all other cases 0%;

“disaggregated default value” means, in relation to a bioliquid described in the first column of a table in Part D or Part E of Annex 5 to the Renewables Directive, the value which corresponds to that description in the third column of that table in Part D or Part E of that Annex; ...

“greenhouse gas emissions from the use of fossil fuel” means the value given in paragraph 19 of Part C of Annex 5 to the Renewables Directive as the fossil fuel comparator for bioliquids used for electricity production;

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