"the Act" means the Electricity Act 1989;

"commissioning process" means the process consisting of such procedures and tests as from time to time constitute usual industry standards and practices for commissioning a non-fossil fuel generating station of any description specified in Schedule 1 in order-

(a) to demonstrate that such a non-fossil fuel generating station is-


(i) capable of commercial operation; or

(ii) in the case of a non-fossil fuel generating station which is the subject of relevant arrangements, capable of commercial operation for the purpose of such arrangements;



(b) to establish the external physical conditions outside the control of the operator which are necessary for the operation of such station or which control the amount of electricity produced by the station; and

(c) to establish the operating parameters within which such station, can be operated in accordance with practices, methods and procedures which are or should be adopted by a person exercising that degree of judgement, skill, diligence and foresight which would ordinarily and reasonably be expected from a skilled and experienced operator engaged in the business of operating such a station lawfully;

"generating set" means a prime mover and alternator;

"industrial waste" includes food-processing waste;

"operator" means an operator of any relevant non-fossil fuel generating station;

"premium price arrangement" means an arrangement made before the day on which this Order is made under which a public electricity supplier or a person on behalf of a public electricity supplier agrees to purchase electricity generated by a non-fossil fuel generating station at any time in the period commencing on 21st July 1993 and ending on 31st March 2019 (whether or not the agreement covers other periods) for a fixed price per kilowatt-hour (kWh) and for this purpose any provision for adjustment of the price by reference to any measure of inflation shall be disregarded;

"relevant arrangements" means arrangements evidence of the making of which is produced to the Director in accordance with article 3(1);

"relevant non-fossil fuel generating station" means a generating station with an installed capacity not exceeding 15 megawatts, of a description specified in Schedule 1 and falling within the description of non-fossil fuel generating station specified in article 3(2);

"Scottish Power plc" means Scottish Power P.L.C., a company incorporated under the Companies Acts under Number 117120, having its registered office at 1 Atlantic Quay, Glasgow G3 8SP;

"Scottish and Southern Energy plc" means Scottish Hydro Electric P.L.C., a company incorporated under the Companies Act under Number 117119, having its registered office at 10 Dunkeld Road, Perth PH1 5WA; and

"waste to energy generating station" has the meaning given to it in paragraph 3(2) of Schedule 1.

    (2) In Schedule 1-

(a) where a definition refers to generating stations which are fuelled by a particular non-fossil fuel or fuels, this includes generating stations which use fossil fuel for one or more of the following purposes-


(i) the ignition of gases of low or variable calorific value;

(ii) the heating of the combustion system to its normal operating temperature or the maintenance of that temperature;

(iii) emission control;



provided that in any period shown in Tables A to F in Schedule 1, the energy content of the fossil fuel, that is to say the gross calorific value of that fuel (as expressed by weight or by volume) multiplied by the weight or volume of that fuel, used in the generating station does not exceed 10% of the energy content of all the fuel used; and

(b) the specified amounts of generating capacity are expressed in megawatts.

    (3) In this Order, unless the content otherwise requires, any reference-

(a) to a numbered article is to the article bearing that number in this Order;

(b) in an article to a numbered paragraph is to the paragraph bearing that number in that article; and

(c) to a numbered Schedule is to the Schedule to this Order bearing that number.

(a) are fuelled by one or more of the following-


(i) crops grown for the purpose of providing a source of energy;

(ii) forestry waste; and

(iii) fuel derived from either or both of these materials,



but excluding any such station as is fuelled by one or more of the following-



(aa) gas derived from landfill sites of any description;

(bb) municipal waste;

(cc) industrial waste;

(dd) agricultural waste;

(ee) sewage matter or gas or waste derived therefrom; and

(ff) fuel derived from one or more of the materials mentioned in heads (aa) to (ee) above; and



(b) are driven-



(i) wholly by an internal-combustion engine or a gas turbine, using gaseous or liquid fuel produced by gasification-by-partial-combustion or by pyrolysis of the fuel allowed by sub-paragraph (a) above; or

(ii) partly by an internal-combustion engine or a gas turbine, using such gaseous or liquid fuel and partly by any engine or any turbine, using steam produced from-


(aa) heat from the first engine or turbine; or

(bb) heat produced during the production of the gaseous or liquid fuel.

Hydro generating stations
     2.  - (1) Table B below relates to hydro generating stations-


TABLE B HYDRO GENERATING STATIONS

Period	Aggregate amount of generating capacity
	Scottish Power plc	Scottish and Southern Energy plc
1 April 1999 to 31 March 2000	-	-
1 April 2000 to 31 March 2001	1.188	0.396
1 April 2001 to 31 March 2002	2.555	0.852
1 April 2002 to 31 March 2003	2.930	0.977
1 April 2003 to 31 March 2004	2.930	0.977
1 April 2004 to 31 March 2005	2.930	0.977
1 April 2005 to 31 March 2006	2.930	0.977
1 April 2006 to 31 March 2007	2.930	0.977
1 April 2007 to 31 March 2008	2.930	0.977
1 April 2008 to 31 March 2009	2.930	0.977
1 April 2009 to 31 March 2010	2.930	0.977
1 April 2010 to 31 March 2011	2.930	0.977
1 April 2011 to 31 March 2012	2.930	0.977
1 April 2012 to 31 March 2013	2.930	0.977
1 April 2013 to 31 March 2014	2.930	0.977
1 April 2014 to 31 March 2015	2.930	0.977
1 April 2015 to 31 March 2016	1.742	0.581
1 April 2016 to 31 March 2017	0.375	0.125
1 April 2017 to 31 March 2018	-	-
1 April 2018 to 31 March 2019	-	-

    (2) "Hydro generating stations" means generating stations which are driven by any form of water power other than-

(a) tidal or wave power; or

(b) power from water which has been elevated or whose pressure has been increased, except where this has been done, directly or indirectly, by power derived from a relevant non-fossil fuel generating station other than a generating station which is itself the subject either of a premium price arrangement or of relevant arrangements.

Waste to energy generating stations
     3.  - (1) Table C below relates to waste to energy generating stations-


TABLE C WASTE TO ENERGY GENERATING STATIONS

Period	Aggregate amount of generating capacity
	Scottish Power plc	Scottish and Southern Energy plc
1 April 1999 to 31 March 2000	0.380	0.127
1 April 2000 to 31 March 2001	13.127	4.376
1 April 2001 to 31 March 2002	20.750	6.917
1 April 2002 to 31 March 2003	23.115	7.705
1 April 2003 to 31 March 2004	33.964	11.321
1 April 2004 to 31 March 2005	37.739	12.580
1 April 2005 to 31 March 2006	37.528	12.509
1 April 2006 to 31 March 2007	36.679	12.226
1 April 2007 to 31 March 2008	36.621	12.207
1 April 2008 to 31 March 2009	36.621	12.207
1 April 2009 to 31 March 2010	35.891	11.964
1 April 2010 to 31 March 2011	35.657	11.886
1 April 2011 to 31 March 2012	35.657	11.886
1 April 2012 to 31 March 2013	35.657	11.886
1 April 2013 to 31 March 2014	35.207	11.736
1 April 2014 to 31 March 2015	34.827	11.609
1 April 2015 to 31 March 2016	21.701	7.234
1 April 2016 to 31 March 2017	16.244	5.415
1 April 2017 to 31 March 2018	13.879	4.626
1 April 2018 to 31 March 2019	3.225	1.075

    (2) "Waste to energy generating stations" means generating stations which are fuelled by either-

(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 to whose electricity distribution system any relevant non-fossil fuel generating station is to be connected 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.

     2. In this Schedule, "connection agreement" means an agreement providing for the connection of any relevant non-fossil fuel generating station to a system of electric lines and electrical plant through which generating capacity will be made available to a public electricity supplier.