The Scottish Ministers in exercise of the powers conferred by section 67(1)(c) of the Utilities Act 2000[1] and all other powers enabling them in that behalf, hereby make the following Order: Citation and commencement 1. This Order may be cited as the Electricity from Non-Fossil Fuel Sources (Scotland) Savings Arrangements (Modification) Order 2002 and shall come into force on 31st March 2002. Modification of the Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2001 2. The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2001[2] shall be modified as follows:-
(2) Each supply successor company shall be under a duty at all time during the order period to secure that the additional arrangements are complied with and shall not by any act or omission of his prevent any additional arrangements from securing the result mentioned in article 4A(3)(d). (3) The additional arrangements are that-
(b) the proceeds of the sale (net of the fees and expenses of any third party) shall accrue to the supply successor company; (c) the proceeds of the original arrangements shall be offset against the costs incurred by the supply successor company of purchasing such electricity; and (d) the proceeds are audited and are taken into account in calculating the Fossil Fuel Levy in accordance with the Fossil Fuel Levy (Scotland) Regulations 1996[3] as amended.".
[3] S.I. 1996/293 as amended by S.I. 1996/1512 and S.S.I. 2001/3504.back
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