The Electricity (Non-Fossil Fuel Sources) (Scotland) Order 1994

Articles 1 and 2

SCHEDULE 1 SPECIFIED AGGREGATE AMOUNTS OF GENERATING CAPACITY

TABLE A

WIND GENERATING STATIONS

Period	Scottish Power plc	Scottish Hydro-Electric plc
Note: Capacity amounts are expressed in megawatts (MW).
1.  16th august 1995 to 31st March 1996	0.960	0.320
2.  1st April 1996 to 31st March 1997	0.960	0.320
3.  1st April 1997 to 31st March 1998	19.718	6.572
4.  1st April 1998 to 31st March 1999	34.200	11.400
5.  1st April to 31st March 2000	34.200	11.400
6.  1st April 2000 to 31st March 2009	34.200	11.400
7.  1st April 2009 to 31st March 2010	2.550	0.850
8.  1st April 2010 to 31st March 2011	0.960	0.320
9.  1st April 2011 to 31st March 2012	—	—

TABLE B

HYDRO GENERATING STATIONS

Period	Scottish Power plc	Scottish Hydro-Electric plc
Note: Capacity amounts are expressed in megawatts (MW).
1.  16th August 1995 to 31 March 1996	—	—
2.  1st April 1996 to 31st March 1997	—	—
3.  1st April 1997 to 31st March 1998	3.737	1.246
4.  1st April 1998 to 31st March 1999	11.334	3.778
5.  1st April 1999 to 31st March 2000	12.909	4.303
6.  1st April 2000 to 31st March 2009	12.909	4.303
7.  1st April 2009 to 31st March 2010	9.172	3.057
8.  1st April 2010 to 31st March 2011	0.233	0.077
9.  1st April 2011 to 31st March 2012	0.060	0.020

TABLE C

WASTE-TO-ENERGY GENERATING STATIONS

Period	Scottish Power plc	Scottish Hydro-Electric plc
Note: Capacity amounts are expressed in megawatts (MW).
1.  16th August 195 to 31st March 1996	—	—
2.  1st April 1996 to 31st March 1997	—	—
3.  1st April 1997 to 31st March 1998	1.418	0.472
4.  1st April 1998 to 31st March 1999	2.850	0.945
5.  1st April 1999 to 31st March 2000	2.850	0.945
6.  1st April 2000 to 31st March 2009	2.850	0.945
7.  1st April 2009 to 31st March 2010	2.850	0.945
8.  1st April 2010 to 31st March 2011	1.418	0.472
9.  1st April 2011 to 31st March 2012	—	—

TABLE D

BIOMASS GENERATING STATIONS

Period	Scottish Power plc	Scottish Hydro-Electric plc
Note: Capacity amounts are expressed in megawatts (MW).
1.  16th August 1995 to 31st March 1996	—	—
2.  1st April 1996 to 31st March 1997	—	—
3.  1st April 1997 to 31st March 1998	—	—
4.  1st April 1998 to 31st March 1999	7.350	2.450
5.  1st April 1999 to 31st March 2000	7.350	2.450
6.  1st April 2000 to 31st March 2009	7.350	2.450
7.  1st April 2009 to 31st March 2010		—
8.  1st April 2010 to 31st March 2011	—	—
9.  1st April 2011 to 31st March 2012	—	—

Article 3(1)(a)

SCHEDULE 2 CONDITIONS PRECEDENT

The requirements referred to in article 3(1)(a) of this Order are—

(a) that planning permission and all necessary consents (including any necessary wayleave consents), servitudes and rights to enable any relevant non-fossil fuel generating station to be constructed and operated in accordance with and as contemplated by the terms of the relevant arrangements have been granted;

(b) that planning permission and all necessary consents (including any necessary wayleave consents), servitudes and rights to enable any public electricity supplier in whose authorised area any relevant non-fossil fuel generating station is to be located to comply with his obligations as contemplated by the terms of the relevant arrangements have been granted;

(c) that the operator has entered into, and there has come into force, a connection agreement;

(d) that the operator holds a licence or has the benefit of an exemption under Part I of the Act authorising him to generate electricity and to convey electricity from the place at which it is generated to the point of delivery for the purposes of the relevant arrangements; and

(e) that the commissioning process has been satisfactorily completed.

Article 3(2)(a)

SCHEDULE 3 TERMINATION EVENTS

The events referred to in article 3(2)(a) of this Order are—

(a) the operator ceasing for any reason to be authorised by a licence or exemption granted under the Act to generate electricity for the purposes of giving a supply to any premises or enabling a supply to be given;

(b) the operator defaulting in the performance of any of his material obligations under the relevant arrangements and in the case of a default which is, in the opinion of the relevant public electricity supplier (acting reasonably), capable of remedy continuing to be unremedied at the expiry of 28 days following the date on which the supplier shall have given notice thereof to the operator; and

(c) a binding order being made or an effective resolution being passed for the winding up of the operator (otherwise than for the purposes of reconstruction or amalgamation on terms previously approved in writing by the relevant public electricity supplier (whose approval shall not unreasonably be withheld)) and within 28 days of his appointment the liquidator of the operator not having provided to the supplier a guarantee of performance of the obligations of the operator under the relevant arrangements in such form and amount as the supplier (acting reasonably) may require.