The Electricity (Non-Fossil Fuel Sources) (Scotland) Order 1999

Requirement to make arrangements etc.

4.—(1) Where–

(a) any relevant arrangements provide that the availability to a public electricity supplier of some or all of the generating capacity of a non-fossil fuel generating station is conditional upon the satisfaction of any requirement described in Schedule 2 (conditions precedent) whether the requirement is described in the terms of that Schedule or in terms to the like effect; and

(b) on the first day of any specified period, some or all of that capacity is not available to the supplier, by reason of any such requirement not being satisfied as was then due, or had previously been due on or prior to such date, under those arrangements to have been satisfied;

then in relation to any day during that or any subsequent specified period ascertained in accordance with paragraph (3), this Order shall have effect as if the relevant aggregate amount specified in relation to that subsequent period were the amount specified in relation to that supplier for the period which includes that day in the table in question 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 requirement or requirements and any capacity which has ceased to be available at that time by reason of the occurrence of any such event or events as are referred to in paragraph (2);

• provided that the amount so specified shall not be reduced so as to be less than the relevant aggregate amount actually available to that supplier under the relevant arrangements during that specified period.

(2) Where–

(a) any relevant arrangements provide that some or all of the generating capacity to be made available under those arrangements may reduce or cease to be available to a public electricity supplier following the occurrence of any event mentioned in Schedule 3 (termination events) whether the event is described in the terms of that Schedule or in terms to the like effect; and

(b) some or all of that capacity is not available to the supplier, on a day during a specified period, because such an event has occurred;

the specified period shall forthwith terminate and, in relation to any day during any subsequent specified period ascertained in accordance with paragraph (3) this Order shall have effect as if the relevant aggregate amount specified in relation to that subsequent period were the amount specified in relation to that supplier for the period which includes that day in the table in question 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 or events and any capacity whose availability is at that time conditional upon the satisfaction of any such requirement or requirements as are referred to in paragraph (1), but subject to the proviso contained in that paragraph.

(3) In this article “specified period” means, in relation to any public electricity supplier, a period commencing and ending on the dates specified in a table in Schedule 1 but so that–

(a) on any such day as is mentioned in paragraph (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 (c) and (d) of this paragraph) on the day on which the requirement mentioned in paragraph (1)(b) above is satisfied either wholly or in part;

(b) upon the expiry of any specified period ascertained in accordance with this sub-paragraph or with sub-paragraph (a) of this paragraph, the next specified period shall commence on the following day and shall continue, subject to sub-paragraphs (c) and (d) of this paragraph, until the day on which the requirement mentioned in paragraph (1)(b) is either wholly satisfied or further satisfied in part;

(c) on any such day as is mentioned in paragraph (2)(b), the then current specified period shall forthwith terminate and shall be followed by a new period commencing immediately upon such termination; and

(d) any specified period which is current on any of the period end dates specified in the table shall expire on that date.