The Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1997

1.  The requirements referred to in article 4(1)(a) are—

(a) that planning permission and all necessary consents (including any necessary wayleave consents), easements and rights to enable any relevant non-fossil fuel generating station to be constructed and operated in accordance with and as contemplated by the terms of the relevant arrangements have been granted;

(b) that planning permission and all necessary consents (including any necessary wayleave consents), easements and rights to enable any public electricity supplier to whose electricity distribution system any relevant non-fossil fuel generating station is to be connected to comply with his obligations as contemplated by the terms of the relevant arrangements have been granted;

(c) that the operator has entered into, and there has come into force, a connection agreement;

(d) that the operator holds a licence or has the benefit of an exemption under Part I of the Act authorising him to generate electricity and to convey electricity from the place at which it is generated to the point of delivery for the purposes of the relevant arrangements;

(e) (to the extent that the arrangements relate to a relevant non-fossil fuel generating station whose operator is so required) that the operator has become a party to the pooling and settlement agreement;

(f) that the commissioning process has been satisfactorily completed;

(g) in the case of a landfill gas generating station, that an opinion has been obtained from an independent consulting engineer that, on commissioning, any generating set within the generating station is likely to have a useful life, provided it is operated in accordance with such practices and procedures as could reasonably be expected from a skilled and experienced operator in the industry and in accordance with the manufacturer’s recommendations, of at least 15 years from the date of commissioning and that the generating station can reasonably be said to be built on new foundations;

(h) in the case of a municipal and industrial waste with combined heat and power generating station, that the generating station can reasonably be said to have been built with all the equipment, up to and including the meter for measuring heat supplied from it, necessary to maintain, if operated and maintained in accordance with such practices and procedures as could reasonably be expected from a skilled and experienced operator in the industry, a continuous heat output from the generating station of at least 200 per cent. of its declared net capacity.