The Renewables Obligation (Scotland) Amendment Order 2023
| Jurisdiction | Scotland |
| Citation | SSI 2023/103 |
| Year | 2023 |
2023 No. 103
Electricity
The Renewables Obligation (Scotland) Amendment Order 2023
Made 23th March 2023
Coming into force 31th March 2023
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 32, 32A, 32G 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, Consumer Scotland3, 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 2023 and comes into force on 31 March 2023.
(2) In this Order “the 2009 Order” means the Renewables Obligation (Scotland) Order 20094.
Amendment of the 2009 Order
2. The 2009 Order is amended in accordance with articles 3, 4 and 5.
Amendment to article 48 (shortfall in the buy-out and late payment funds: the total mutualisation sum)
3.—(1) Article 48 is amended in accordance with paragraphs (2) and (3).
(2) For paragraph (3) substitute—
“
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.
(3) After paragraph (3) insert—
“
3A The mutualisation threshold for a relevant period is determined as 0.1% of A x B, rounded to the nearest £100,000 with £50,000 being rounded upwards, where—
(a) A is the total obligation for the relevant period determined under article 11,
(b) B is the buy-out price for the relevant period referred to in article 43(4).
Amendment to article 57 (functions of the Authority)
4. In article 57, after paragraph (1)(d), insert—
“
(da)
(da) calculating and publishing the mutualisation threshold (referred to in article 48(3A) for each obligation period—
(i) in the case of the obligation period beginning...
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