The Renewables Obligation (Scotland) Amendment Order 2017
2017 No. 432
Electricity
The Renewables Obligation (Scotland) Amendment Order 2017
Made 7th December 2017
Coming into force 8th December 2017
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 32, 32A, 32J and 32K of the Electricity Act 19891and all other powers enabling them to do so.
In accordance with section 32L(1)2of that Act the Scottish Ministers have consulted the Gas and Electricity Markets Authority, the National Association of Citizens Advice Bureaux, the Scottish Association of Citizens Advice Bureaux3, electricity suppliers to whom this Order applies and such generators of electricity from renewable sources and other persons as the Scottish Ministers considered appropriate.
In accordance with section 32L(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Renewables Obligation (Scotland) Amendment Order 2017 and comes into force on the day after the day on which it is made.
(2) In this Order “the 2009 Order” means the Renewables Obligation (Scotland) Order 20094.
Amendment of the 2009 Order
The 2009 Order is amended in accordance with articles 3 to 11.
2. The 2009 Order is amended in accordance with articles 3 to 11.
3. In article 2(1) (interpretation)—
(a) after the definition of “the 2007 Order” insert—
““the 2015 Order” means the Renewables Obligation Order 20155;”;
(b) after the definition of “designated electricity supplier” insert—
““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 20156;”;
(c) after the definition of “Northern Ireland Energy Order” insert—
““obligation level” has the meaning given by article 12B(8);”;
(d) after the definition of “regular biomass” insert—
““relevant electricity” means—
(a) in respect of—
(i) any obligation period in respect of which article 12A applies; or
(ii) any month of an obligation period in respect of which a revised obligation level applies in accordance with article 12B(6)(a)(ii) or (b)(ii) or (7)(a) or (b)(ii),
any electricity supplied to customers in Scotland other than EII excluded electricity; and
(b) in respect of any other period, any electricity supplied to customers in Scotland;”;
and
(e) after the definition of “retail prices index” insert—
““revised obligation level” has the meaning given by article 12B(8);”.
4. In article 5(2) (the renewables obligation)—
(a) for “electricity that it supplies to customers in Scotland” substitute “relevant electricity that it supplies”; and
(b) in sub-paragraph (a), for “article 12;” substitute “article 12, 12A or 12B, as the case may be;”.
5. In article 7 (part of calculation A referable to Great Britain), for “article 6(1) of the Renewables Obligation Order 2009” substitute “article 8(1) of the 2015 Order”.
6. In article 8 (part of calculation A referable to Northern Ireland), for “article 7(1) of the Renewables Obligation Order 2009” substitute “article 9(1) of the 2015 Order”.
7. In article 9(1) (calculation B), for “article 9(2) of the Renewables Obligation Order 2009” substitute “article 11(2) of the 2015 Order”.
8. In article 12 (determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation)—
(a) before paragraph (1) insert—
“A1 This article applies in respect of an obligation period other than an obligation period in respect of which article 12A applies.”; and
(b) in paragraphs (1) and (2), for “Where” substitute “Subject to article 12B, where”.
9. After article 12 insert—
“Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation: obligation periods beginning on or after 1st April 2019
12A.—(1) This article applies in respect of an obligation period beginning on or after 1st April 2019.
(2) Where the total obligation for the obligation period is calculation A, the number of renewables obligation certificates that a designated electricity supplier is required to produce in order to discharge its renewables obligation is, for each megawatt hour of relevant electricity that it supplies during that period, equal to—
(3) Where the total obligation for the obligation period is calculation B, the number of renewables obligation certificates that a designated electricity supplier is required to produce in order to discharge its renewables obligation is, for each megawatt hour of relevant electricity that it supplies during that period, equal to—
(4) For the purposes of paragraphs (2) and (3)—
(a)
(a) C is the estimate made by the Secretary of State under article 8(1) of the 2015 Order of the total amount of electricity likely to be supplied to customers in Great Britain during the obligation period;
(b)
(b) D is the estimate made by the Secretary of State under article 13A(2) of the 2015 Order7of the total amount of EII excluded electricity likely to be supplied to customers in Great Britain during the obligation period; and
(c)
(c) E is equal to—
(5) The Scottish Ministers must publish, by the 1st October preceding the obligation period, the number of renewables obligation certificates that a designated electricity supplier is required to produce in respect of each megawatt hour of relevant electricity that it supplies during that period in order to discharge its renewables obligation for that period.
Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation: special arrangements for obligation periods in respect of which article 12A does not apply
12B.—(1) This article applies in respect of—
(a)
(a) the 2017/18 obligation period; and
(b)
(b) the 2018/19 obligation period.
(2) Subject to paragraph (3), following the publication under article 12(4) of the obligation level for an obligation period in respect of which this article applies, the Scottish Ministers may revise the obligation level in accordance with paragraph (4).
(3) The Scottish Ministers must not revise an obligation level under paragraph (2)—
(a)
(a) after the 23rd November falling within the obligation period to which the obligation level relates; or
(b)
(b) more than once in relation to any obligation period.
(4) Any revision of an obligation level under...
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