Electricity (Non-Fossil Fuel Sources) Order (Northern Ireland) 1996

Requirements to make arrangements in relation to generating capacity from non-fossil fuel generating stations

3.—(1) Where any relevant arrangements—

(a)provide that the availability of some or all of the capacity of the non-fossil fuel generating station in question is conditional upon the satisfaction of any condition precedent; and

(b)result, on the first day of any specified period, in part or all of such condition precedent not being satisfied as was due to have been satisfied under those arrangements on or prior to that day,

then, in relation to any day during that specified period or any subsequent specified period ascertained in accordance with Article 1(2), this Order shall have effect as if the relevant aggregate amount specified in relation to that period were the amount specified for the period which includes that day in Schedule 1, less (subject to the following proviso) an amount equal to the sum of any capacity whose availability is at that time conditional upon the satisfaction of such condition precedent and any capacity which has ceased to be available at that time by reason of the occurrence of any termination event:

Provided that the amount so specified shall not be reduced so as to be less than the relevant aggregate amount actually available to the Company under the relevant arrangements during the period in question.

(2) Where any relevant arrangements—

(a)provide that some or all of the generating capacity in question may reduce or cease to be available following the occurrence of any termination event; and

(b)result in some or all of that capacity not being available to the Company, on any day during any specified period, by reason of the occurrence of any such event,

then the specified period then current shall forthwith terminate and, in relation to any day during any subsequent specified period ascertained in accordance with Article 1(2), this Order shall have effect as if the relevant aggregate amount specified in relation to that period were the amount specified for the period which includes that day in Schedule 1, less an amount equal to the sum of any capacity which has ceased to be available at that time by reason of the occurrence of any such event and any capacity whose availability is at that time conditional upon the satisfaction of any condition precedent, but subject to the proviso contained in paragraph (1).