The Electricity (Non-Fossil Fuel Sources) (Scotland) Order 1997

Article 4(2)

SCHEDULE 3 TERMINATION EVENTS

• The events referred to in article 4(2)(a) 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, the default continuing to be unremedied at the expiry of 28 days following the date on which the supplier shall have given notice thereof to the operator; and

(3) a binding order being made or an effective resolution being passed for the liquidation or 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.