The Renewables Obligation (Scotland) Amendment Order 2015
| Jurisdiction | Scotland |
| Citation | SSI 2015/384 |
(1) This Order may be cited as the Renewables Obligation (Scotland) Amendment Order 2015 and comes into force on 1st December 2015.(2) In this Order “the principal Order” means the Renewables Obligation (Scotland) Order 2009 .The principal Order is amended in accordance with articles 3 to 15. after the definition of “anaerobic digestion” insert— in the definition of “connected person”, for “section 839 of the Income and Corporation Taxes Act 1988” substitute “ section 1122 of the Corporation Tax Act 2010
after the definition of “declared net capacity” insert— for the definition of “greenhouse gas emission criteria” substitute— in the definition of “relevant material”, for “4(1) (a) ” substitute after the definition of “relevant material” insert— in the definition of “Renewables Directive”, for “Schedule A1” substitute for the definition of “waste” substitute— in paragraph (1A) (a)
in paragraph (1B) (a)
in paragraph (7) , for “plant” to the end substitute In article 21B(7) (a)
After article 22 (circumstances in which no SROCs are to be issued in respect of electricity generated from renewable sources) insert— This article applies to biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste) .the generating station has a total installed capacity of less than one megawatt; orthe biomass meets the greenhouse gas emission criteria and the land criteria.For article 22B(b) (i) and (ii)
cultivated in a manner that breached a requirement or standard listed in the third column of the table in Annex 2 to Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy (“the 2013 Regulation”) and corresponding to the entry in the first column of that table for “environment, climate change, good agricultural condition of land”;cultivated in a manner that breached statutory management requirement number 10 in Annex 2 to the 2013 Regulation; orobtained from land which does not meet the minimum requirements for good agricultural and environmental condition defined pursuant to Article 94 of the 2013 Regulation.in paragraph (2) , for “paragraph” substitute after paragraph (2) insert— by a generating station with a total installed capacity of at least one megawatt; andusing biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste) ; andthe greenhouse gas emissions from the use of that biomass are above the relevant target,For the purposes of paragraph (2A) , the greenhouse gas emissions from the use of biomass must be calculated in accordance with paragraphs 3 to 5 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass) .Omit article 30C(4) (b)
for paragraph (3) (b) substitute— to the best of the operator's knowledge and belief the electricity generated was generated by a generating station using only floating wind turbines; andthe lease in respect of which the generating station is entitled to operate at that particular area of seabed is a demonstration lease issued by the Crown Estate in relation to that site.at the end of paragraph (4) insert
- (1) This article applies to biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste) .
- (2) No SROCs are to be issued in respect of any electricity generated by a generating station from biomass to which this article applies unless—
- (a) the generating station has a total installed capacity of less than one megawatt; or
- (b) the biomass meets the greenhouse gas emission criteria and the land criteria.
- (2A) Where—
-
(a) electricity was generated—
(i) by a generating station with a total installed capacity of at least one megawatt; and (ii) using biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste) ; and - (b) the greenhouse gas emissions from the use of that biomass are above the relevant target, SROCs in respect of that electricity must not be issued before the end of the second month following the obligation period in which the electricity was generated.
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