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

Article 4(2)

SCHEDULE 3 TERMINATION EVENTS

The events referred to in article 4(2)(a) of this Order are–

(1) the operator of any relevant non-fossil fuel generating station 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 of any relevant non-fossil fuel generating station defaulting in any material respect in the performance of any of its obligations to make non-fossil fuel generating capacity available under the arrangements and in the case of a default which is, in the opinion of the relevant public electricity supplier (acting reasonably), capable of remedy continuing to be in default at the expiry of 60 days following the date on which the supplier shall have given notice thereof to the operator;

(3) a binding order being made or an effective resolution being passed for the winding up of the operator of any relevant non-fossil fuel generation station (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 60 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 arrangements in such form and amount as the supplier (acting reasonably) may require.

Note:

In the above provisions, “the Act” means the Electricity Act 1989.