This Order modifies section 33 of the Electricity Act 1989 as it has effect in Scotland. It relates to arrangements made by public electricity suppliers under section 32 of the Electricity Act 1989 (as originally enacted) relating to the securing of generating capacity from non-fossil fuel generating stations. The Order allows such arrangements to continue to attract the fossil fuel levy in circumstances where the location of the generating station has changed.

A regulatory impact assessment is available and can be obtained from the Energy Division, Scottish Executive, 2nd Floor, Meridian Court, 5 Cadogan Street, Glasgow, G2 6AT.