The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2001

Deemed imposition of new arrangements

5.—(1) If, by the commencement of the order period, any generator has not entered into the new arrangements with the supply successor company the generator shall be deemed to—

(a) have entered into an agreement with the supply successor company on and with effect from the first day of the order period on those terms last offered to him in writing by the supply successor company prior to the commencement of the order period, to the extent that those terms comply with all requirements of this Order in relation to new arrangements; and

(b) have terminated the original arrangements to which he was a party (without prejudice to any rights or liabilities existing prior to such termination), with termination having effect immediately before he is deemed to have entered into the agreement referred to in this article.

(2) Where paragraph (1) above applies, the supply successor company shall notify the generator in writing within 14 days after the commencement of the order period of the terms of the agreement which are deemed to apply to him.

(3) Any dispute as to whether the terms of the agreement referred to above comply with the requirements of this Order in relation to the new arrangements may be referred to and determined by the Secretary of State where application to the Secretary of State has been made in writing within three months after the commencement of the order period. In making his determination under this article the Secretary of State may give such directions to the supply successor company or the generator as appear to him to be appropriate for varying the terms of the agreement so that they comply with the requirements of this Order in relation to the new arrangements.