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Statutory Instrument 1990 No. 1859

The Electricity (Non-Fossil Fuel Sources) (England and Wales) (No. 2) Order 1990

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1990 No. 1859

ELECTRICITY

The Electricity (Non-Fossil Fuel Sources) (England and Wales) (No. 2) Order 1990

Made12th September 1990
Laid before Parliament18th September 1990
Coming into force29th September 1990

    Whereas an order[1] under section 32 of the Electricity Act 1989[2] has been made and has had effect in relation to each public electricity supplier in England and Wales;
    Now, therefore, the Secretary of State, in exercise of the powers conferred by section 32(1) of the said Act of 1989, and of all other enabling powers, after consultation in accordance with the requirements of the said section 32(1), hereby makes the following Order:—
    Citation, commencement and application
        1.—(1)  This Order may be cited as the Electricity (Non-Fossil Fuel Sources) (England and Wales) (No. 2) Order 1990 and shall come into force on 29th September 1990.

        (2)  This Order does not apply to Scotland.
    Interpretation
        2.    In this Order—
       (a) references to relevant non-fossil fuel generating stations are references to any such stations which are or may be fuelled or driven otherwise than by nuclear fuel; and
       (b) references to relevant arrangements are references to any arrangements evidence of the making of which is produced to the Director in compliance with article 3 of this Order.
    Requirement to make arrangements etc.
        3.     Each public electricity supplier in England and Wales (whose names are specified in the left-hand column of the Table in Schedule 1 (specified aggregate amounts of non-fossil fuel generating capacity) to this Order) shall, before 30th September 1990, make (in so far as he has not already done so) and produce to the Director evidence showing that he has made such additional arrangements as will secure that, for each period shown in that Table, the aggregate amount of non-fossil fuel generating capacity available to him from relevant non-fossil fuel generating stations will not be less than that specified in the Table in relation to him for that period.
        4.—(1)  Where any relevant arrangements—
       (a) provide that the availability to the supplier in question of some or all of the capacity of the relevant non-fossil fuel generating stations is conditional upon the satisfaction of any such requirement as is mentioned in Schedule 2 (conditions precedent) to this Order (whether the requirement in question is described in the terms of that Schedule or in terms to the like effect); and
       (b) result, on the first day of any specified period, in some or all of that capacity not being available to that supplier, by reason of any such requirement not being satisfied as was then due under those arrangements to have been satisfied, then, in relation to any day during that or any subsequent specified period ascertained in accordance with paragraph (3) of this article, this Order shall have effect as if the relevant aggregate amount specified in relation to that period were the amount specified in relation to that supplier for the period which includes that day in the Table in Schedule 1 to this Order, less (subject to the following proviso) an amount equal to the sum of any capacity whose availability is at that time conditional upon the satisfaction of such requirement or requirements and any capacity which has ceased to be available at that time by reason of the occurrence of any such event or events as are referred to in paragraph (2) of this article:
      Provided that the amount so specified shall not be reduced so as to be less than the relevant aggregate amount actually available to that supplier under the relevant arrangements during the period in question.

        (2)  Where any relevant arrangements—
       (a) provide that some or all of the relevant generating capacity may reduce or cease to be available following the occurrence of any such event as is mentioned in Schedule 3 (termination events) to this Order (whether the event in question is described in the terms of that Schedule or in terms to the like effect); and
       (b) result in some or all of that capacity not being available to that supplier, on any day during any specified period, by reason of the occurrence of any such event,
    then the specified period then current shall forthwith terminate and, in relation to any day during any subsequent specified period ascertained in accordance with paragraph (3) of this article, this Order shall have effect as if the relevant aggregate amount specified in relation to that period were the amount specified in relation to that supplier for the period which includes that day in the Table in Schedule 1 to this Order, less an amount equal to the sum of any capacity which has ceased to be available at that time by reason of the occurrence of any such event or events and any capacity whose availability is at that time conditional upon the satisfaction of any such requirement or requirements as are referred to in paragraph (1) of this article, but subject to the proviso contained in that paragraph.

        (3)  In this article "specified period" means, in relation to any public electricity supplier, each successive period commencing and ending on the dates specified in the Table in Schedule 1 to this Order but so that—
       (a) the first such period shall commence on 1st October 1990 or (where all the arrangements made by the supplier make provision as mentioned in paragraph (1)(a) of this article) on the date on which all applicable requirements mentioned in paragraphs (1) to (6) of Schedule 2 to this Order have been satisfied in respect of any such arrangements;
       (b) on any such day as is mentioned in paragraph (1)(b) of this article there shall be substituted, in place of any specified period that would otherwise have commenced on that day, a period commencing on such day and expiring (subject to paragraphs (3)(d) and (3)(e) of this article) on the day on which the relevant requirement is satisfied either wholly or in part;
       (c) upon the expiry of any specified period ascertained in accordance with this sub-paragraph or with paragraph (3)(b) of this article, the next specified period shall commence on the following day and shall continue, subject to paragraphs (3)(d) and (3)(e) of this article, until the day on which the relevant requirement is either wholly satisfied or further satisfied in part;
       (d) on any such day as is mentioned in paragraph (2)(b) of this article, the then current specified period shall forthwith terminate and shall be followed by a new period commencing immediately upon such termination; and
       (e) any specified period which is current on any of the period end dates specified in the Table in Schedule 1 to this Order shall expire on that date.



John Wakeham

Secretary of State for Energy

Dated 12th September 1990




Notes:

[1] S.I. 1990/263, as amended by S.I. 1990/494.

[2] 1989 c. 29.

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