Regulation 3 Definition of eligible generatorI1

This regulation defines “eligible generator” for the purposes of Chapter 2 of Part 2 of the Energy Act 2013.

A person (“A”) who intends to carry out a generating activity in relation to an eligible generating station is an eligible generator in respect of the station.

Where—

B is also an eligible generator in respect of the eligible generating station.

Where—

C is also an eligible generator in respect of the eligible generating station.

Where an eligible generator is an unincorporated association, any reference to—

is to be read as a reference to the unincorporated association.

Paragraph (4A) does not apply to—

In this regulation—

• “associated” has the same meaning as it has in section 67 of the Energy Act 2008^f1 and as if that section applied to Scotland;

• “carry out a generating activity” means—

  1. (a)

     to establish an eligible generating station F3...; F4...

  2. (b)

     to alter an eligible generating station in order to increase the generating capacity of that station by 5 megawatts or more; F5...

  3. (c)

     F6to alter an existing generating station in order that it becomes a generating station connected to a complete CCS system; F7F8...

  4. (d)

     to alter an eligible generating station(2) by decommissioning part of it in order to replace that part; F9F10...

  5. (e)

     the continuation of electricity generation by an existing biomass station; F11or

  6. (f)

     the continuation of electricity generation by an existing nuclear power station.

• “eligible generating station” means a generating station of a type described in the Schedule.

• F12“the Allocation Regulations” means the Contracts for Difference (Allocation) Regulations 2014;

• “the General Regulations” means the Electricity Market Reform (General) Regulations 2014.