The Renewables Obligation (Scotland) Order 2007

Minimum amount from specified descriptions of renewable source and generating station

5.—(1) At least the specified minimum amount (the “minimum wave requirement”) of the amount of electricity referred to in article 3(1)(a) in respect of an obligation period must be electricity generated by a generating station which–

(a)is primarily driven by waves;

(b)is situated in Scottish waters or the Scottish area of the Renewable Energy Zone; and

(c)is not generated by devices built with or maintained by capital or revenue funding under–

(i)the Department of Trade and Industry Wave and Tidal Stream Energy Demonstration Scheme(1); or

(ii)the Scottish Executive’s Wave and Tidal Energy Support Scheme(2).

(2) The minimum wave requirement in paragraph (1) is the amount which equals the “relevant wave percentage” of all electricity supplied by the designated electricity supplier to customers in Scotland during an obligation period (as determined pursuant to article 4(3)), such amount being rounded to the nearest whole megawatt hour (with any exact half megawatt hour being rounded upwards).

(3) In paragraph (2) “the relevant wave percentage” means, in respect of an obligation period, the percentage (if any) set out in the first sub-column of Schedule 1 against the reference to that obligation period in the first column of Schedule 1.

(4) At least the specified minimum amount (the “minimum tidal requirement”) of electricity referred to in article 3(1)(a) in respect of an obligation period must be electricity generated by a generating station which–

(a)is primarily driven by tidal flows or currents;

(b)is situated in Scottish waters or the Scottish area of the Renewable Energy Zone; and

(c)is not generated by devices built with or maintained by capital or revenue funding under–

(i)the Department of Trade and Industry Wave and Tidal Stream Energy Demonstration Scheme; or

(ii)the Scottish Executive’s Wave and Tidal Energy Support Scheme.

(5) The minimum tidal requirement in paragraph (4) is the amount which equals the “relevant tidal percentage” of all electricity supplied by the designated electricity supplier to customers in Scotland during an obligation period (as determined pursuant to article 4(3)), such amount being rounded to the nearest whole megawatt hour (with any exact half megawatt hour being rounded upwards).

(6) In paragraph (5) “the relevant tidal percentage” means, in respect of an obligation period, the percentage (if any) set out in the second sub-column of Schedule 1 against the reference to that obligation period in the first column of Schedule 1.