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Regulation 3 Definition of eligible generator

Original text. Later amendments are not shown.

(1)

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

(2)

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.

(3)

Where—

(a)

a person (“B”) intends—

(i)

to operate; or

(ii)

to participate in the operation of,

an eligible generating station; and

(b)

A is an eligible generator in respect of the eligible generating station,

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

(4)

Where—

(a)

A or B is an eligible generator in respect of an eligible generating station;

(b)

A or B is a corporate body; and

(c)

a corporate body (“C”) is associated with A or B,

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

(5)

In this regulation—

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

  • “carry out a generating activity” means—

    1. (a)

      to establish an eligible generating station, including where a relevant fossil fuel generating station (or part of it) has been altered to become a biomass conversion station (or part of such a station); or

    2. (b)

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

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

Annotations

Footnotes

f1

2008 c.32.