Jurisdiction: Scotland

Commencement: 1st April 2024

Amends: The Renewables Obligation (Scotland) Order 2009
Mini Summary

The Renewables Obligation (Scotland) Order 2009 imposes a Renewables Obligation (RO) on all electricity suppliers that supply electricity in Scotland to supply to a specified amount of electricity that has been generated using renewable sources. Renewable sources include sources of energy such as wind, water, solar and biomass.

Duties
This Order imposes a Renewables Obligation (RO) on all electricity suppliers that supply electricity in Scotland to supply to a specified amount of electricity that has been generated using renewable sources. Renewable sources include sources of energy such as wind, water, solar and biomass.

If the supplier would rather not generate the renewable electricty itself, it can buy Renewables Obligation Certificates (ROCs) (certificates awarded to generators of renewables electricity for every MWh of electricty they generate) from other suppliers, in effect demonstrating that renewable electricity has been generated on their befalf. Alternatively they can simply make payments to the Gas and Electricity Markets Authority to meet their obligation.

Part One brings together the definitions of waste as a renewable source and biomass.Waste constitutes a renewable source if not more than 90% of it is, or derived from fossil fuels.Biomass waste is a fuel where at least 90% of its energy content is derived from plant matter, animal matter, fungi or algae. The requirements for the use of municipal waste as a fuel have been simplified.

Part Two sets out how the renewables obligation is calculated and how suppliers can meet their obligation. The number of SROCs is established using calculations set out in articles 6 to 10. There are no numbers of obligations for electricity suppliers in Scotland as set out in Article 11.

Part Three sets out what has to be certified in a SROC, including what constitutes supply to a customer, or use under a permitted way. There is a new permitted way which is aimed at removing administrative burdens experienced by generators supplying over an unlicensed private transmission supply network.

Part Four sets out situations where SROCs should not be issued.

Part Five sets out how the amount of electricity attributable to eligible renewable sources is calculated. It is also simpler to claim ROCs for qualifying combined heat and power generation.

Part Six allows for generators of electricity from eligible renewable sources to receive a set number of SROCs for each MWh of electricity they generate. The number of SROCs issued, will depend upon the type of technology that is being used. There is also protection for the level of support for existing technologies which would otherwise be banded. Provisions have also been made, for regular reviews of the banding provisions at four year intervals with the first review occurring in October 2010.

Part Seven sets out the process for the issue or revocation of SROCs.

Part Eight deals with the stewardship of buyout and late payment funds. There are also regulations on how suppliers should pay into funds and how these will be distributed to suppliers.

Part Nine sets out the information required to be provided to the Authority, with new provisions relating to Biomass. It also requires a SROC register to be maintained by the Authority.

 

Amendment

Scottish Ministers are now able 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.

Definitions are revised to reflect these changes.

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Jurisdiction: UK

Commencement: 28st October 2021

Amends:

Mini Summary

The Promotion of the Use of Energy from Renewable Sources Regulations 2011 implement Directive 2009/28/EC on the promotion of the use of energy from renewable sources into UK legislation. The Directive sets mandatory targets for energy consumed in each member state which must come from renewables by 2020. The UK target has been set at 15%.

The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012 require those that supply more than 450,000 litres or kilograms of transport fuel per year, to register with the Department for Transport, provide information and meet targets.

The Energy Efficiency (Building Renovation and Reporting) Regulations 2014 require the Secretary of State for Energy and Climate Change to submit a strategy and annual updates to the European Commission on the UK’s investment in the renovation of residential and commercial buildings. There are no requirements on businesses or the public sector.

The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014 impose a duty on each country’s departments to undertake certain actions in order to promote certain requirements of the Directive 2012/27/EU on energy efficiency. The Directive establishes a common set of measures to be used across the EU to promote energy efficiency in order to meet the 2020 20% deadline target.

 

Amendment

The Promotion of the Use of Energy from Renewable Sources Regulations 2011

Responsible authorities* are required to take appropriate steps to ensure public buildings fulfil an exemplary role in the promotion of the use of renewable energy, in accordance with regulation 11.

Responsible authorities means:

  • the Secretary of State for English buildings;
  • the Welsh Ministers for Welsh buildings; and
  • the Northern Ireland Department for buildings in Northern Ireland.

Regulation 13 regarding the recognition of certificates is revoked.

 

The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012

The Regulations revoke regulation 25 which sets out the steps the Secretary of State must take when reviewing the greenhouse gas emission reduction obligations.

 

The Energy Efficiency (Building Renovation and Reporting) Regulations 2014

The following regulations are removed:

 

The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014

A series of definitions are amended.

The definition of small and medium-sized enterprises is updated to an enterprise that:

The definition of assessment is updated to a comprehensive assessment of the potential for high-efficiency cogeneration*, and efficient district heating and cooling.

*High-efficiency cogeneration means the simultaneous generation of energy (cogeneration) in accordance with the conditions of the UK, as specified in Annex II.

Cost benefit analysis is updated to an analysis capable of identifying the most cost-efficient solutions to meet the heating and cooling needs of a geographical area. This analysis should consider climate conditions, economic feasibility, and technical suitability, in accordance with Part III of Annex VIII.

Regulation 4(5) relating to the assessment of potential for high-efficiency cogeneration and efficient district heating and cooling, is updated.

Under Regulation 4(5), at intervals not exceeding 5 years, the Secretary of State must:

The next assessment or statement must be published on or before 31st December 2025.

All updates to this assessment must:

Regulation 9 (Duty for the Secretary of State to review the energy services market) and Part II of Annex VIII is removed.


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Jurisdiction: United Kingdom

Commencement: 29th May 2021

Amends:

Mini Summary

The Emissions Performance Standard Regulations 2015 (UK) establish a monitoring and enforcement regime for the Emissions Performance Standard (EPS) which was introduced in the Energy Act 2013. The EPS imposes an annual limit on carbon emissions from new fossil fuel plants.

 
This Renewables Obligation Order 2015 (England and Wales) consolidates and re-enacts the Renewable Obligation Order 2009, as amended. It imposes an obligation, on all electricity suppliers licensed under the Electricity Act 1989 which supply electricity in England and Wales, to produce a certain number of renewables obligation certificates in respect of each megawatt hour of electricity that each supplies to customers in England and Wales during a specified period known as an obligation period. It also bands the different technologies that are used to generate electricity from renewable sources.

Amendment

The definition of the Combined Heat and Power Quality Assurance (CHPQA) Standard in The Emissions Performance Standard Regulations 2015 (the ‘2015 Regulations‘) is updated to introduce Issue 8 of the CHPQA Standard for a period of 12 months from 29th May 2021.

Issue 8 of the CHPQA Standard is a temporary easement to reduce the financial impact of Coronavirus (COVID-19) on Combined Heat and Power (CHP) Scheme operators and to allow continuity of support under the CHPQA Programme for the 2021 certification process.

The temporary easement will allow Schemes to be recertified in 2021 where Scheme Operators can provide appropriate evidence of the impact that lockdowns and other COVID-19 restrictions have had on the operation of their Schemes.

Minor changes are also made to the 2015 Regulations by removing references to Directive 2012/27/EU on Energy Efficiency as the UK has left the EU.

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Jurisdiction: England and Wales

Commencement: 31 March 2021

Amends: The Renewables Obligation Order 2015
Mini Summary

The Renewables Obligation Order 2015 consolidates and re-enacts the Renewable Obligation Order 2009, as amended. It imposes an obligation, on all electricity suppliers licensed under the Electricity Act 1989 which supply electricity in England and Wales, to produce a certain number of renewables obligation certificates in respect of each megawatt hour of electricity that each supplies to customers in England and Wales during a specified period known as an obligation period. It also bands the different technologies that are used to generate electricity from renewable sources.

 
Amendment

Changes are made to when mutualisation (when debt is recovered from compliant suppliers) is enforced. Mutualisation is now triggered when debt equals or exceeds a threshold of 1% of the forecasted annual cost of the Scheme for the obligation year in question. The threshold was previously set at £15.4 million.

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Jurisdiction: Great Brittain

Commencement: 1st March 2021 

Amends: The Domestic Renewable Heat Incentive Scheme Regulations 2014 
Mini Summary
The Domestic Renewable Heat Incentive Scheme Regulations 2014 establish a government financial incentive to promote the use of renewable heat within households. Financial support is paid quarterly, at a set rate per unit of renewable heat produced for seven years, to the owner of the heating system. Tariffs are set according to technology. The scheme is administered by the Gas and Electricity Markets Authority.

 
Amendment
The Domestic Renewable Heat Incentive Scheme is amended by these Regulations in several ways.

Due to the COVID-19 pandemic, the requirement for applications to the RHI Scheme to be made within 12 months of the renewable heating system being commissioned is extended. Any installation commissioned on or after 1st March 2019 can apply for the Scheme until it closes to new applications on 31st March 2022.

The definition of ‘code of practice’ is updated to refer to version N of the Home Insulation & Energy Systems Quality Assured Contractors Scheme’s code of practice published on 21st January 2021.

The tables in Schedule 6 are updated, which detail the expenditure within the Scheme for individual renewable heat technologies. Removed from the expenditure are any installations that will stop receiving their RHI payment tariff in 2021 as they have reached the end of their 7-year tariff period.

 

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Jurisdiction: UK

Commencement: 31st December 2020

Amends: Renewable Transport Fuel Obligations Order 2007
Mini Summary
The Renewable Transport Fuel Obligations Order 2007 requires transport fuel suppliers, who supply relevant hydrocarbon oil in the United Kingdom, to produce evidence that a certain amount of renewable transport fuel has been supplied.

 
Amendment
The calculation used to determine the amount that a supplier must pay to discharge any shortfall in their renewable transport fuel obligation has been changed, with the effect of increasing the cost of discharging shortfalls. The multiplier applied to any shortfall in a suppliers main renewable transport fuel obligation is increased from 30 pence to 50 pence for obligation periods beginning on or after 1st January 2021.

 

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Jurisdiction: England, Scotland, Wales

Commencement: 20 July 2020

Amends:

The Domestic Renewable Heat Incentive Scheme Regulations 2014

The Renewable Heat Incentive Scheme Regulations 2018
Mini Summaries
The Domestic Renewable Heat Incentive Scheme Regulations 2014 establish a government financial incentive to promote the use of renewable heat within households. Financial support is paid quarterly, at a set rate per unit of renewable heat produced for seven years, to the owner of the heating system. Tariffs are set according to technology. The scheme is administered by the Gas and Electricity Markets Authority.

The Renewable Heat Incentive Scheme Regulations 2018 continue the Renewable Heat Incentive Scheme to facilitate and encourage the renewable generation of heat by giving subsidy payments to eligible generators of renewable heat and producers of biomethane.
Amendments
The Domestic Renewable Heat Incentive Scheme Regulations 2014

These Regulations extend the Domestic Renewable Heat Incentive Scheme for another year until 31st March 2022No changes are made to eligibility criteria or ongoing obligations for participants.  

Changes are made to Schedule 6 to update the expenditure threshold for biomass plants, air source heat pumps, ground source heat pumps and solar thermal plants. This is to ensure cost control for the scheme.

 

The Renewable Heat Incentive Scheme Regulations 2018

These Regulations introduce a flexible new allocation of ‘Tariff Guarantees’ for participants in the Non-Domestic Renewable Heat Incentive Scheme (NDRHI). A Tariff Guarantee allows applicants to the NDRHI to secure a tariff rate before their installation is commissioned and fully accredited on the Scheme. In applications for a Tariff Guarantee, information is submitted in three stages. Stage 2 information has to be submitted before the closure of the NDRHI on 31st March 2021. The payment period will last until 31st March 2041, and thinstallation must be accredited no later than 31st March 2022. 

In addition, commissioning deadlines are extended to 31st March 2022 for all projects that have submitted a stage 1 Tariff Guarantee application on or after 17th July 2019 and before 29th June 2020. This is due to commissioning delays for installations caused by COVID-19.

 

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