Explanatory note

These Regulations set out the modifications subject to which subsections (5) to (8) of section 32 of the Electricity Act 1989 shall have effect in relation to any non-fossil fuel generating station which is driven by water, wind or solar power.

There are two modifications. First, the definition of “declared net capacity” is deleted from subsection (8). Secondly, a new subsection (8A) is added, which prescribes a formula according to which the declared net capacity of a non-fossil fuel generating station driven by water, wind or solar power is to be ascertained. In the case of a station driven by wind, water power in the form of tidal or wave power, or solar power, the formula recognises the intermittent nature of the power source.