
1 
These Regulations may be cited as the Electricity Act 1989 (Modifications of Section 32(5) to (8)) Regulations 1990 and shall come into force on 31st March 1990.
2 
Subsections (5) to (8) of section 32 shall have effect in relation to any non-fossil fuel generating station which is driven by water, wind or solar power with the following modifications—
(a) the definition of “declared net capacity” shall be omitted from subsection (8); and
(b) after subsection (8) there shall be inserted the following subsection—“
(8A) The declared net capacity of a non-fossil fuel generating station which is driven by water, wind or solar power shall be ascertained by the application of the formula—A=B×X where—
 A is the declared net capacity of the station for the purposes of subsection (6) above;
 B is the highest generation of electricity (at the main alternator terminals or, in the case of direct current generation, at the output terminals of the direct current to alternating current converter) which, on the assumption that the source of power is available uninterruptedly, can be maintained indefinitely without causing damage to the plant less—
(a) so much of that electricity as is consumed by the plant; and
(b) in the case of a station which is capable of being fuelled by a fossil fuel, so much of that electricity as the Director may determine; and
 X has the value set out in the Table as applicable to the particular description of station.

(1) (2)
Description of station Value of X
1. Station driven by tidal or wave power 0.33
2. Station driven by any form of water power other than tidal or wave power. 1.00
3. Station driven by wind power 0.43
4. Station driven by solar power 0.17”
John Wakeham
Secretary of State for Energy
14th February 1990