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Draft Instrument Subject <br />to Approval
Renewables Obligation (Scotland) Order 2004 (Draft)
Three main points arise under the Renewables Obligation (Scotland) Order 2004, which is a draft instrument. First, articles 3(1), 6(5) and (6), and 7(1) and (3), as read with the definition of "specified day" in article 2(1) and schedule 1, appear to have retrospective effect in respect of the year to March 2003. It looks as if those articles have been lifted straight from the Renewables Obligation (Scotland) Order 2003, but the drafter appears to have forgotten that the new order comes into force on 1 April this year, and if the Executive is going to take account of the year to March 2003, it will have to reconsider how it has drafted the order. The second point concerns the references to the retail prices index in article 7 of the order and whether the Executive should have referred instead to the harmonised index of consumer prices. Thirdly, in article 4(10)(d)(i), the words "in this paragraph (10)(d)" do not seem quite right. There are also a couple of other minor points.
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Executive Responses