(1) Section 33 of the Electricity Act 1989 (fossil fuel levy) is amended as follows.
(2) In subsection (8), for the definitions of “leviable electricity” and “non-fossil fuel generating station”, there is substituted—
“ leviable electricity ” means electricity which—
(a) is generated by a fossil fuel generating station;
(b) is generated by a generating station fuelled by nuclear fuel; or
(c) is generated in pursuance of qualifying arrangements by a generating station fuelled or driven otherwise than by a fossil fuel or nuclear fuel;
(3) After that subsection there is inserted—
(9) The Secretary of State may by regulations amend this section so as to—
(a) omit the word “leviable” in subsection (2) above; and
(b) omit the definition of “ leviable electricity ” in subsection (8) above