The Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1990

Article 4(1)

SCHEDULE 2 CONDITIONS PRECEDENT

The requirements referred to in article 4(1)(a) of this Order are–

(1) that the property, rights and liabilities of the Area Boards established under the Electricity Act 1947 have been transferred to the public electricity suppliers;

(2) that such of the property, rights and liabilities of the Central Electricity Generating Board and the Electricity Council as are to be transferred to the operators of the relevant non-fossil fuel generating stations have been transferred in accordance with schemes made under section 66 of the Act;

(3) that the operator of any relevant non-fossil fuel generating station or stations has entered into, and there has come into force, agreements with the National Grid Company plc (registered in England No. 2366977) and, where applicable, any relevant public electricity supplier in relation to for the connection of such non-fossil fuel generating station or stations to the national grid system and, where applicable, to any other relevant system of electric lines and electrical plant;

(4) that the operator of any relevant non-fossil fuel generating station or stations and all public electricity suppliers have entered into, and there has come into force, a pooling and settlement agreement, as required by the licences granted to them under section 6 of the Act, for the purpose of calculating the payments due to or owing by the parties thereto in respect of their production and consumption of electricity;

(5) that section 33 regulations have been made and have come into force;

(6) to the extent that the arrangements relate to a relevant non-fossil fuel generating station which has not generated electricity before the coming into force of this Order–

(i) that the operator of the relevant non-fossil fuel generating station has been granted consent by the Nuclear Installations Inspectorate to take the station to commercial power in accordance with the site licence granted under the Nuclear Installations Act 1965 in respect of that generating station; and

(ii) that the declared net capacity of the relevant non-fossil fuel generating station has not been reduced, prior to being taken to commercial power in accordance with such a site licence, below the amount attributed to that station in the relevant arrangements.

Note:

In the above provisions–

“the Act” means the Electricity Act 1989;

“section 33 regulations” means regulations under section 33 of the Act; and the reference to the Nuclear Installations Inspectorate is a reference to the part so known of the Health and Safety Executive, established under the Health and Safety at Work etc. Act 1974.