C5C6C7Part I ELECTRICITY SUPPLY
Pt. I (ss. 1-64): definition of "electric line" applied (S.) (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 108), ss. 122(1), Sch. 6 para. 7(4); S.I. 1992/1671, art.2,Sch.
Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10
Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)
Protection of public interest
C132 Electricity from non-fossil fuel sources.
C21
The Secretary of State may, after consultation with the Director and with the suppliers concerned, by order require each public electricity supplier in England and Wales or each such supplier in Scotland, before a day specified in the order, to make (in so far as he has not already done so) and produce evidence to the Director showing that he has made—
a
such arrangements; or
b
where a previous order under this subsection has had effect in relation to him, such additional arrangements,
as will secure the result mentioned in subsection (2) below.
2
The result referred to in subsection (1) above is that, for a period specified in the order, there will be available to the public electricity supplier—
a
from non-fossil fuel generating stations; or
b
if the order so provides, from non-fossil fuel generating stations of any particular description,
an aggregate amount of generating capacity which is not less than that specified in relation to him in the order; and an order under subsection (1) above may make different provision for different suppliers.
F12A
The following requirements shall be treated as relevant requirements for the purposes of Part I of this Act—
a
each public electricity supplier shall comply with an order under subsection (1) above; and
b
having complied with such an order, each public electricity supplier shall not by any act or omission of his prevent the arrangements made by him from securing the result mentioned in subsection (2) above.
F22A
For the purposes of this section—
a
combined heat and power stations generally; and
b
combined heat and power stations of any particular description,
are to be taken as being particular descriptions of non-fossil fuel generating stations.
2B
A particular description of combined heat and power stations may be described by reference to, or by reference to matters which include—
a
the heat or, as the case may be, the steam or heated air or water to be supplied from the station to any premises;
b
any premises to which any such heat, steam or heated air or water is to be supplied (including, without prejudice to the generality of the foregoing, the use to which any such premises are put);
c
the means or method by which any such heat, steam or heated air or water is to be supplied to any premises (including, without prejudice to the generality of the foregoing, any system or network of supply or distribution); or
d
the arrangements (including financial or contractual arrangements) under which any such heat, steam or heated air or water is to be supplied to any premises.
2C
Subsections (2A) and (2B) above are without prejudice to—
a
the generality of subsection (2)(b) above, or
b
section 111(2) below;
and subsection (2B) above is without prejudice to the generality of subsection (2A)(b) above.
F33
A public electricity supplier who—
a
fails to comply with an order under subsection (1) above; or
b
having complied with such an order, by any act or omission of his prevents the arrangements made by him from securing the result mentioned in subsection (2) above,
shall be liable on conviction on indictment to a fine.
4
No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or on behalf of the Secretary of State.
C35
Subject to subsection (6) below, if throughout any period a public electricity supplier—
C4a
is entitled under a contract to purchase, at any wattage specified in the contract, electricity generated by a particular non-fossil fuel generating station; or
b
himself operates a non-fossil fuel generating station and, of the station’s capacity, any wattage does not fall to be regarded, by virtue of paragraph (a) above, as available to any other person,
a generating capacity of that wattage shall be regarded for the purposes of this section as available to that supplier from that station for that period.
C36
The amount of a non-fossil fuel generating station’s capacity which may be regarded as available for the purposes of this section shall not exceed that station’s declared net capacity; and where different parts of such a station’s capacity fall to be regarded as available to different persons, any excess over that station’s declared net capacity shall be apportioned between those persons in such manner as the Director may determine.
C37
If the Secretary of State is satisfied that any such arrangements as are mentioned in subsection (1) above have been made before the day specified in the first order under that subsection, he may certify that those arrangements—
a
have been made by such one or more public electricity suppliers as are specified in the certificate; and
b
are such as will secure such a result as is so specified;
and a certificate under this subsection shall be conclusive evidence of the matters stated in it.
C38
In this section—
“coal products” means any substances produced directly or indirectly from coal;
“F4combined heat and power station” means a non-fossil fuel generating station which is (or may be) operated for purposes including the supply to any premises of—
- a
heat produced in association with electricity, or
- b
steam produced from, or air or water heated by, such heat;
- a
“declared net capacity”, in relation to a non-fossil fuel generating station, means the highest generation of electricity (at the main alternator terminals) which can be maintained indefinitely without causing damage to the plant less—
a
so much of that capacity as is consumed by the plant; and
b
in the case of a station which is capable of being fuelled by a fossil fuel, so much of that capacity as the Director may determine;
“fossil fuel” means coal, coal products, lignite, natural gas, crude liquid petroleum or petroleum products;
“natural gas” and “petroleum products” have the same meanings as in the M1Energy Act 1976;
“non-fossil fuel generating station” means a generating station which is (or may be) fuelled or driven otherwise than by a fossil fuel;
and for the purposes of this section a public electricity supplier shall be regarded as such a supplier in England and Wales or such a supplier in Scotland, according as his authorised area falls wholly or mainly in England and Wales or wholly or mainly in Scotland.
C29
The Secretary of State may by regulations provide—
a
that subsections (5) to (8) above shall have effect in relation to any non-fossil fuel generating station which is driven by water, wind or solar power with such modifications as may be prescribed; and
b
that electricity generated outside the United Kingdom shall be treated for the purposes of subsection (5)(a) above as generated by a non-fossil fuel generating station in such circumstances and to such extent as may be prescribed.
10
In relation to any time before the commencement of section 4 above, any requirement imposed by subsection (1) above to consult with public electricity suppliers in England and Wales or public electricity suppliers in Scotland shall be construed as a requirement to consult with the Area Boards or, as the case may be, the Scottish Boards.
Pt. I (ss. 1-64): definition of "electric line" applied (E.W.) (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59), ss. 63(1), Sch. 4 para. 7(4); S.I. 1992/1686, art. 3,Sch.