2. The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2001(1) shall be modified as follows:–
(a)in article 2(1) after the definition of “adapted condition” insert the following definition:–
““additional arrangements” means the arrangements listed in article 4A(2);”; and
(b)after article 4 insert–
“4A.—(1) Each supply successor company shall ensure that before 1st September 2002 it has produced evidence to the Authority and the Scottish Ministers that it has made the additional arrangements.
(2) Each supply successor company shall be under a duty at all time during the order period to secure that the additional arrangements are complied with and shall not by any act or omission of his prevent any additional arrangements from securing the result mentioned in article 4A(3)(d).
(3) The additional arrangements are that–
(a)the benefits of certificates of any nature attaching to any electricity supplied to the supply successor company in terms of SRO Orders 1, 2 and 3 are realised by means of sale through a third party;
(b)the proceeds of the sale (net of the fees and expenses of any third party) shall accrue to the supply successor company;
(c)the proceeds of the original arrangements shall be offset against the costs incurred by the supply successor company of purchasing such electricity; and
(d)the proceeds are audited and are taken into account in calculating the Fossil Fuel Levy in accordance with the Fossil Fuel Levy (Scotland) Regulations 1996(2) as amended.”.
S.I. 2001/3269.
S.I. 1996/293 as amended by S.I. 1996/1512 and 1996/293 as amended by S.I. S.S.I. 2001/3504.