The Electricity from Non-Fossil Fuel Sources Arrangements (England and Wales) Order 2006

Citation, commencement and extent

1.—(1) This Order may be cited as the Electricity from Non-Fossil Fuel Sources Arrangements (England and Wales) Order 2006 and shall come into force on 1st October 2006.

(2) This Order extends to England and Wales only.

Interpretation

2.  In this Order—

“generator” has the meaning given to that term by the NFFO Savings Order;

“new arrangements” has the meaning given to that term by the NFFO Savings Order;

“NFFO 4 Order” means the Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1997(1);

“NFFO 5 Order” means the Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1998(2);

“NFFO Savings Order” means the Electricity from Non-Fossil Fuel Sources Saving Arrangements Order 2000(3);

“nominated person” has the meaning given to that term by the NFFO Savings Order; and

“relevant contracts” means the replacement power purchase agreements which constitute part of the new arrangements made by the nominated person pursuant to the NFFO Savings Order with a generator of a non-fossil fuel generating station described in Part V of Schedule 1 to the NFFO 4 Order or in Part III of Schedule 1 to the NFFO 5 Order and which are described further in the Schedule.

Contracts

3.  With effect from the coming into force of this Order, clause 14.2 of each of the relevant contracts shall be amended by deleting the final sentence of clause 14.2 and substituting the following—

“If the Seller is not entitled to the Premium Price the price for Relevant Metered Output for the relevant Period of the Order shall be the lower of the Premium Price and the Reference Price within the meaning of the following sentence. For the purposes of this clause 14.2 “Reference Price” shall mean “Reference Price” as defined in clause 1.1 except that the reference to the “NFFO Contracts” in paragraph (A)(i) of that definition shall be a reference only to those NFFO Contracts within the Relevant Technology Band.”.

Maragaret Hodge

Minister for Industry and the Regions

Department of Trade and Industry

5th September 2006