The Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1994

SCHEDULE 2 — CONDITIONS PRECEDENT

The requirements referred to in article 3(1)(a) of this Order are

• (1) that planning permission and all necessary consents (including any necessary wayleave consents), easements and rights to enable any relevant non-fossil fuel generating station to be constructed and operated in accordance with and as contemplated by the terms of the relevant arrangements have been granted;

• (2) that planning permission and all necessary consents (including any necessary wayleave consents), easements and rights to enable any public electricity supplier in whose authorised area any relevant non-fossil fuel generating station is to be located to comply with his obligations as contemplated by the terms of the relevant arrangements have been granted;

• (3) that the operator has entered into, and there has come into force, a connection agreement;

• (4) that the operator holds a licence or has the benefit of an exemption under Part I of the Act authorising him to generate electricity and to convey electricity from the place at which it is generated to the point of delivery for the purposes of the relevant arrangements;

• (5) (to the extent that the arrangements relate to a relevant non-fossil fuel generating station whose operator is so required) that the operator has become a party to the pooling and settlement agreement;

• (6) that the commissioning process has been satisfactorily completed.

SCHEDULE 3 — TERMINATION EVENTS

The events referred to in article 3(2)(a) of this Order are—

• (1) the operator ceasing for any reason to be authorised by a licence or exemption granted under the Act to generate electricity for the purposes of giving a supply to any premises or enabling a supply to be given;

• (2) the operator defaulting in the performance of any of his material obligations under the relevant arrangements and in the case of a default which is, in the opinion of the relevant public electricity supplier (acting reasonably), capable of remedy continuing to be unremedied at the expiry of 60 days following the date on which the supplier shall have given notice thereof to the operator;

• (3) a binding order being made or an effective resolution being passed for the winding up of the operator (otherwise than for the purposes of reconstruction or amalgamation on terms previously approved in writing by the relevant public electricity supplier (whose approval shall not unreasonably be withheld)) and within 28 days of his appointment the liquidator of the operator not having provided to the supplier a guarantee of performance of the obligations of the operator under the relevant arrangements in such form and amount as the supplier (acting reasonably) may require.

Signed

Charles Wardle — Parliamentary Under Secretary of State for Industry and Energy, — Department of Trade and Industry — 15th December 1994

Explanatory note

(This note is not part of the Order)

This Order imposes on public electricity suppliers in England and Wales obligations to make arrangements to secure the availability during specified periods of specified aggregate amounts of generating capacity from non-fossil fuel generating stations of particular descriptions. The arrangements must be made, and evidence of their making must be produced to the Director General of Electricity Supply, before 20th January 1995.

Article 2 , read with the Tables in Schedule 1, imposes on the suppliers obligations to secure the availability during specified periods of specified amounts of capacity from non-fossil fuel generating stations of the descriptions (wind, hydro, landfill gas, municipal and industrial waste or biomass) specified in the headings to the Tables and falling within the description of such stations specified in Article 2(2). The amounts are specified in megawatts (one megawatt equals one million watts).

Article 3 provides a mechanism whereby, if certain conditions are not satisfied (*see* Schedule 2) or if certain events occur (*see* Schedule 3), the Order is to have effect as if the relevant period specified in the appropriate Table in Schedule I were replaced by a different period and, as a consequence of that, as if the relevant amount of capacity specified in that Table were a reduced amount, the amount of the reduction being the amount of capacity which has ceased to be available by reason of (as the case may be) the condition not having been satisfied or the event having occured.

A compliance cost assessment has been prepared, a copy of which has been placed in the library of each House of Parliament. Copies of the assessment may be obtained free of charge by postal application to the Department of Trade and Industry Palace Street Library, Room 2, LG. 4, 1 Palace Street, London SW1E 5HE.

Footnotes

[^f00001]: S.I. 1990/263, as amended by S.I. 1990/494; S.I. 1990/1859; S.I. 1991/2490.

[^f00002]: 1989 c. 29.

[^f00003]: S.I. 1990/264.

[^f00004]: 1974 c. 40; section 5 was amended by the Local Government, Planning and Land Act 1980 (c. 65), Schedule 34, Part II and by the Planning (Consequential Provisions) Act 1990 (c. 11), Schedule 2, paragraph 31(1).

[^f00005]: 1985 c. 6; section 736 was substituted by section 144(1) of the Companies Act 1989 (c. 40).