UK: Scottish Government Announce Consultation On ROC Banding Review In Scotland

Last Updated: 27 October 2011
Article by Jean-Pascal Boutin

On 21 October 2011, the Scottish Government published the Consultation on the Renewables Obligation Scotland (ROS) Banding Review. The consultation sets out the proposed levels of support for generating stations from 2013-17 under the ROS. The consultation demonstrates the Scottish Government's ongoing support of certain renewable energy technologies and its commitment to the ambitious Scottish renewable electricity generation target of 100% by 2020. Whilst it has shown support to onshore and offshore wind and marine technologies and broadly follows the proposals which were announced by the Department of Energy and Climate Change (DECC) for England and Wales yesterday, it greatly alters the landscape for the development of Biomass in Scotland. This is clearly a departure from the approach taken in England and Wales and will without doubt impact on the Government's plans as outlined in the Road Map and its targets for heat generation.

The full list of the proposed bandings can be found by clicking here and the full consultation document is available by clicking here.

Please note the following key proposals:

Biomass: Scottish Government propose not to incentivise new large scale dedicated biomass and dedicated biomass with CHP but have followed the DECC proposal to provide two new bands to support Biomass conversion and Enhanced Co-Firing from 1 April 2013 Increased support for marine and tidal technology: The proposal is to offer support at 5 ROC/MWh for wave and tidal technologies. This can only be claimed by projects that are operational before 1 April 2017. Scotland's wave and tidal energy resource is almost unparalleled and with the increased support the Scottish Government remains convinced that Scotland can and should continue to lead the world in the development and deployment of marine renewable technologies. Unlike the DECC proposals, there is not a 30MW cap on marine-energy projects looking to benefit from the highest ROC banding.

  • Cutbacks for onshore wind and offshore wind: Onshore wind is proposed to be reduced to 0.9 ROC/MWh from 1 ROC/MWh from 1 April 2013 and offshore wind is proposed to be reduced from 2 ROC/MWh to 1.9 ROC/MWh in 2015/16 and 1.8 ROC/MWh in 2016/17. This follows the proposals under the DECC consultation for England and Wales.
  • Solar support reduced: The support of 2ROC/MWh to remain until 2014 thereafter it will be 1.9 ROC/MWh in 2015/16 and 1.8ROC/MWh in 2016/17.
  • Reductions will also be made for hydro, advanced conversion technologies (pyrolysis and gasification), energy from waste, and landfill gas.

The main differences between the DECC proposals announced earlier last week and the Scottish proposals are in relation to the treatment of dedicated biomass and biomass with CHP. The DECC proposals provide for a continued support of dedicated biomass plants at 1.5 ROCS until 2014 then 1.4 ROCS from 2015. DECC has also proposed that Dedicated Biomass with CHP generating stations will continue to receive 2 ROC/MWh, with plans to close this band to new accreditations from 1 April 2015 and for such support to continue under the RHI.

However, Scotland has proposed a cap on the size of dedicated biomass plants receiving support. Smaller, more efficient facilities will be eligible for 1.5 ROC/MWh, with CHP stations getting 2 ROC/MWh until 2015 and then 1.9 ROC/MWh in 2015-16. Plants above a certain generation capacity will cease to get subsidies.A proposed level for the threshold is not stated in the document but they have commissioned research to provide evidence, in carbon terms, on the best use of biomass. There are similar plans to close the Dedicated Biomass with CHP band to new accreditations from 1 April 2015. The Scottish Government is also asking for views on the circumstances under which it may be appropriate to set a threshold for electricity only generation, and what that threshold should be.

Scottish Minister for Energy, Enterprise and Tourism Fergus Ewing notes that "The Renewables Obligation has been absolutely fundamental to the progress which we have made over the last decade in Scotland. And it will remain so as we strive to meet the challenging target which we have set for renewable electricity generation... We need to strike the appropriate balance between an outcome which is cost effective and does not impose an excessive burden upon consumers, while ensuring that the support is sufficient to develop and bring on those technologies, such as wave and tidal, where Scotland has a major competitive advantage."

The closing date for written responses to the consultation paper is January 13 2012. Following the closing date, all responses will be analysed and considered along with any other available evidence to help reach a final position on the proposals identified in the consultation. This will lead to the laying of an amended ROS before the Scottish Parliament next year, prior to the changes to the bands taking effect from 1 April 2013.

The proposals to cap the support of biomass under the ROS is damaging for the Scottish biomass industry. The proposals demonstrate a clear movement from not only the proposed support levels for biomass under the RO in England and Wales but also from the UK Renewable Energy Road Map's belief that biomass is 'one of the technologies that has the greatest potential to help the Government achieve it's 2020 target'.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions