3.—(1) Article 2 of the 2006 Order (interpretation) is amended as follows.
(2) In paragraph (1), in the definition of “energy crops”—
(a)for “and” substitute “which is”; and
(b)at the end insert—
“or which is one of the following—
miscanthus giganteus;
salix (also known as short rotation coppice willow);
populus (also known as short rotation coppice poplar);”.
(3) After paragraph (1) insert—
“(1A) For the purposes of this Order, any fuel used in a generating station (not being biomass) shall be treated as biomass if—
(a)it is one of at least two fuels (not being fossil fuels within the meaning of article 8) used to fuel that generating station (whether or not those fuels are the only ones so used); and
(b)at least 90 per cent of the total energy content of those fuels (measured over such period and with such frequency as the Authority deems appropriate) is derived from material which is of such a nature that, if 90 per cent of the energy content of a single fuel was so derived, that fuel would constitute biomass.
(1B) Accordingly, any reference in this Order to biomass shall be construed as a reference to biomass or fuel which is treated as biomass.”.