Citation, commencement and interpretation

1.—(1) This Order may be cited as the Renewables Obligation (Scotland) Amendment Order 2024 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 2009( 4).

Amendment of the 2009 Order

2.  The 2009 Order is amended in accordance with articles 3 to 6.

Amendment to article 2 (interpretation)

3.  In article 2(1) omit the definitions of—

(a) “obligation level”, and

(b) “revised obligation level”.

Amendment to article 5 (the renewables obligation)

4.  In article 5(2)(a) for “or 12B” substitute “, 12B or 12C”.

Amendment to article 12A (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)

5.  In article 12A—

(a) at the beginning of paragraphs (2) and (3) for “Where” substitute “Subject to article 12C, where”,

(b) at the beginning of paragraph (4) for “For” substitute “Subject to article 12C, for”.

New article 12C

6.  After article 12B insert—

“Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation: revisions of the obligation level for the 2024/25 obligation period

12C.— (1)  This article applies in respect of the 2024/25 obligation period.

(2)  Following the publication under article 12A(5) of the obligation level for the 2024/25 obligation period, the Scottish Ministers may revise the obligation level in accordance with paragraph (5).

(3)  If the Scottish Ministers revise the obligation level under paragraph (2), they may provide that the revised obligation level applies for such part of the 2024/25 obligation period as specified.

(4)  The Scottish Ministers may not revise the obligation level under paragraph (2)—

(a) after 31 March 2024, or

(b) more than once.

(5)  Any revision of the obligation level under paragraph (2) must be calculated in accordance with—

(a) article 12A(2) where the total obligation for the 2024/25 obligation period is calculation A, or

(b) article 12A(3) where the total obligation for the 2024/25 obligation period is calculation B,

with the references to “D” in the formulae set out in article 12A(2) and (3) being treated as references to the estimate made by the Secretary of State under article 13C(3) of the 2015 Order( 5) of the total amount of EII excluded electricity likely to be supplied to customers in Great Britain during the 2024/25 obligation period.

(6)  If the Scottish Ministers revise the obligation level under paragraph (2), they must publish the revised obligation level within 7 days beginning with the day on which the obligations level is revised.

(7)  In this article—

“ 2024/25 obligation period ” means the obligation period beginning on 1st April 2024,

“ obligation level ” means the number of renewables obligation certificates that a designated electricity supplier is required to produce in respect of each megawatt hour of electricity that it supplies to customers in Scotland during the obligation period in order to discharge its renewables obligation for that period as determined under article 12A(2) or 12A(3),

“ revised obligation level ” means the obligation level as revised under paragraph (2). ”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Renewables Obligation (Scotland) Order 2009 (“ the 2009 Order”).

The 2009 Order imposes an obligation (the “renewables obligation”) on all electricity suppliers which supply electricity in Scotland to produce a certain number of Scottish renewables obligation certificates in respect of electricity they supply to customers in Scotland during an “obligation period”. Each obligation period runs from 1st April to 31st March.

Article 3 amends article 2 of the 2009 Order (interpretation) to reflect that the definitions of “obligation level” and “revised obligation level” are now used for more than one purpose.

Article 6 inserts new article 12C into the 2009 Order which enables the Scottish Ministers to revise the renewables obligation for the obligation period beginning on 1st April 2024. A revision may only be made once, and cannot be made after 31st March 2024. Articles 4 and 5 make related minor amendments.