{
  "url": "https://openlegislation.uk/electricity-non-fossil-fuel-sources-england-and-wales-order-1997/article-3",
  "json_url": "https://openlegislation.uk/electricity-non-fossil-fuel-sources-england-and-wales-order-1997/article-3.json",
  "legislation": "uksi/1997/248",
  "legislation_title": "The Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1997",
  "legislation_url": "https://openlegislation.uk/electricity-non-fossil-fuel-sources-england-and-wales-order-1997",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Requirement to make arrangements etc.",
  "text": "(1) Each public electricity supplier in England and Wales shall before 1st April 1997 make, in so far as he has not already done so, and produce to the Director evidence showing that he has made such additional arrangements as will secure that for each period shown in Tables A to H in Schedule 1 the aggregate amount of generating capacity available to him from non-fossil fuel generating stations of the description specified in relation to each particular Table and falling within the description of non-fossil fuel generating station specified in paragraph (2) below will not be less than the amount specified in that Table in relation to him for that period.\n(2) The description of non-fossil fuel generating station specified in this paragraph is either—\n(a) a non-fossil fuel generating station other than a landfill gas generating station in respect of which—\n(i) the commissioning process was not satisfactorily completed before 2nd November 1995;\n(ii) there is not and has not been a premium price arrangement (other than a relevant arrangement) under which any payment has been or may be made in respect of electricity generated before 29th August 2013 by such station; and\n(iii) the commissioning and operation would not reduce the declared net capacity of any other non-fossil fuel generating station existing at its planned commissioning date; or\n(b) a landfill gas generating station which—\n(i) has a generating set which, in the opinion of an independent consulting engineer, is likely to have a useful life (provided that it is installed, commissioned, maintained and operated in accordance with the manufacturer’s recommendations) of at least 15 years from its date of commissioning as part of a relevant non-fossil fuel generating station; and\n(ii) has new foundations; but\n(iii) may use an existing gas collection system, provided that, during the period of the relevant arrangements entered into in relation to that generating station it—\n(a) will not adversely affect the supply of gas to another generating set which is connected to that system; and\n(b) would not have adversely affected the supply of gas to another generating set which was connected to that system at 2nd November 1995 but is no longer so connected.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/248/article/3",
    "retrieved_at": "2026-10-29T12:26:24.734842+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}