Prescribed extent: multiple contracts
5.—(1) This regulation applies where there are two or more contracts for the purchase of eligible electricity to be conveyed to the United Kingdom by means of a particular interconnector.
(2) Where the aggregate of the contract capacities is equal to or less than the interconnector capacity, the whole of each of the contract capacities shall be treated for the purposes of section 32(5)(a) of the Act as generated by a non-fossil fuel generating station.
(3) Subject to paragraphs (4) and (5) of this regulation, where the aggregate of the contract capacities is greater than the interconnector capacity—
(a)a capacity equal to the interconnector capacity shall be apportioned between the contracts in the ratio which each contract capacity bears to the aggregate of the contract capacities; and
(b)in relation to each contract, the capacity so apportioned to the contract shall be treated for the purposes of section 32(5)(a) of the Act as generated by a non-fossil fuel generating station.
(4) Paragraph (3) of this regulation shall not apply where the terms of the contracts for the purchase of eligible electricity, and of any related contracts for the conveyance of that electricity to the United Kingdom by means of an interconnector, are such that the wattage of electricity to be conveyed at any particular time is equal to or less than the interconnector capacity.
(5) In the circumstances described in paragraph (4) of this regulation the aggregate of the contract capacities shall be taken to be equal to the interconnector capacity, and accordingly paragraph (2) of this regulation shall apply.