# The Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1998, Article 3: Requirement to make arrangements etc.


(1) Each public electricity supplier in England and Wales shall before 1st November 1998 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 F 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.
(2) The description of non-fossil fuel generating station specified in this paragraph is one which either–
(a) in the case of a hydro generating station, is a station in respect of which–
(i) the commissioning process was not satisfactorily completed before 25th November 1997, except that the station may include structures or works for holding or channelling water which were completed before that date, provided they have not been used for a purpose directly related to the generation of electricity in the period commencing on 1st January 1989 and ending on 24th November 1997;
(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 30th December 2016 by such station; and
(iii) the commissioning and operation of which has not caused and would not be likely to cause during the Order period, in relation to any other generating station driven wholly or mainly by water and which was in operation on 25th November 1997, either a significant reduction in the amount of electricity which is capable of being generated by such other generating station or such other generating station to cease to operate; or
(b) in the case of any other non-fossil fuel generating station, must have one or more generating sets all of which fulfil the following conditions–
(i) the generating set must be new, that is to say not previously used, save in the case of a generating set which forms part of a landfill gas generating station where, if the generating set is not new it must, in the opinion of an independent consulting engineer, be likely to have a useful life (provided that the generating set 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 the generating station; and
(ii) the commissioning and operation of the generating set has not caused and must not be likely to cause during the Order period, in relation to any other generating set fuelled or driven by a non-fossil fuel (other than water) which was in operation on 25th November 1997, either a significant reduction in the amount of electricity which is capable of being generated by such other generating set or such other generating set to cease to operate.

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Source: https://www.legislation.gov.uk/uksi/1998/2353/article/3 (the official version)
Page: https://openlegislation.uk/electricity-non-fossil-fuel-sources-england-and-wales-order-1998/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.