Electricity (Non-Fossil Fuel Sources) Order (Northern Ireland) 1996

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Electricity (Non-Fossil Fuel Sources) Order (Northern Ireland) 1996 and shall come into operation on 5th September 1996.

(2) In this Order—

• “biogas generating stations” means generating stations which are fuelled wholly or partially by gas derived from anaerobic digestion of:

  (a)

  farm slurries; or

  (b)

  food processing waste.

• “biomass generating stations” means generating stations which are fuelled wholly or partially by any one or more of the following:—

  (a)

  crops grown for the purpose of providing a source of energy;

  (b)

  agricultural waste;

  (c)

  forestry waste; and

  (d)

  fuel derived from any one or more of the types of crop or waste mentioned in sub-paragraphs (a) to (c),

  but excluding any such station as is partially fuelled by any one or more of the following:—

  (a)

  gas derived from landfill sites of any description;

  (b)

  municipal waste;

  (c)

  industrial waste;

  (d)

  gas or waste, derived from human sewage; and

  (e)

  fuel derived from either or both of municipal and industrial waste.

• “biomass generating stations not exceeding 500 kW” means biomass generating stations each of which has a declared net capacity not exceeding 500 kilowatts;

• “the Company” means Northern Ireland Electricity plc;

• “condition precedent” means a condition described in the terms set out in Schedule 2 or in terms to the like effect;

• “hydro generating stations” means generating stations which are driven by any form of water power other than tidal or wave power;

• “landfill gas generating stations” means generating stations which are fuelled wholly or partially by gas derived from landfill sites, but excluding any such station as is partially fuelled by any one or more of the following:—

  (a)

  municipal waste;

  (b)

  industrial waste;

  (c)

  gas or waste, derived from human sewage; and

  (d)

  fuel derived from either or both of the types of waste mentioned in sub-paragraphs (a) and (b);

• “municipal and industrial waste generating stations” means generating stations which are fuelled wholly or partially by any one or more of the following:—

  (a)

  municipal waste;

  (b)

  industrial waste; and

  (c)

  fuel derived from either or both of the types of waste mentioned in sub-paragraph (a) and (b),

  but excluding any such station as is partially fuelled by either or both of the following:—

  (a)

  gas derived from human sewage; and

  (b)

  gas derived from any landfill site.

• “specified period” in relation to the Company means each successive period commencing and ending on the dates specified in Schedule 1 but so that:—

  (a)

  the first such period shall commence on 31st March 1997 or, where all the relevant arrangements made by the Company make provision as is mentioned in Article 3(1)(a), on the date on which all applicable conditions precedent have been satisfied in respect of any such arrangements;

  (b)

  on any such day as is mentioned in Article 3(1)(b) 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 sub-paragraphs (d) and (e)) on the day on which the applicable condition precedent is satisfied either wholly or in part;

  (c)

  upon the expiry of any specified period ascertained in accordance with this sub-paragraph or with sub-paragraph (b) the next specified period shall commence on the following day and shall continue, subject to sub-paragraphs (d) and (e), until the day on which the applicable condition precedent is either wholly satisfied or further satisfied in part;

  (d)

  on any such day as is mentioned in Article 3(2)(b) 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 the date of the end of any of the periods specified in Schedule 1 shall expire on that date;

• “termination event” means an event described in the terms set out in Schedule 3 or in terms to the like effect;

• “wind generating stations” means generating stations which are driven by wind.

(3) Any reference in this Order to relevant arrangements shall be construed as a reference to any arrangements evidence of the making of which is produced to the Director General of Electricity Supply for Northern Ireland in accordance with Article 2.

Requirements to make arrangements in relation to generating capacity from non-fossil fuel generating stations

2.  The company shall before 5th September 1996 make (in so far as it has not already done so) and produce to the Director evidence showing that it has made such additional arrangements as will secure that for each period shown in Schedule 1 (specified aggregate amounts of generating capacity) the aggregate amount of generating capacity available to it from non-fossil fuel generating stations of the descriptions specified in that Schedule will be not less than the amount for that period shown opposite each such description.

3.—(1) Where any relevant arrangements—

(a) provide that the availability of some or all of the capacity of the non-fossil fuel generating station in question is conditional upon the satisfaction of any condition precedent; and

(b) result, on the first day of any specified period, in part or all of such condition precedent not being satisfied as was due to have been satisfied under those arrangements on or prior to that day,

then, in relation to any day during that specified period or any subsequent specified period ascertained in accordance with Article 1(2), this Order shall have effect as if the relevant aggregate amount specified in relation to that period were the amount specified for the period which includes that day in Schedule 1, 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 condition precedent and any capacity which has ceased to be available at that time by reason of the occurrence of any termination event:

Provided that the amount so specified shall not be reduced so as to be less than the relevant aggregate amount actually available to the Company under the relevant arrangements during the period in question.

(2) Where any relevant arrangements—

(a) provide that some or all of the generating capacity in question may reduce or cease to be available following the occurrence of any termination event; and

(b) result in some or all of that capacity not being available to the Company, 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 Article 1(2), this Order shall have effect as if the relevant aggregate amount specified in relation to that period were the amount specified for the period which includes that day in Schedule 1, 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 and any capacity whose availability is at that time conditional upon the satisfaction of any condition precedent, but subject to the proviso contained in paragraph (1).

Sealed with the Official Seal of the Department of Economic Development on 3rd September 1996

L.S.

W. D. A. Haire

Assistant Secretary