Article 5 Application

(1)

This article applies to the class of hereditaments in relation to which the conditions in paragraph (2) are fulfilled.

(2)

The conditions mentioned in paragraph (1) are that—

(a)

the hereditament is entered on a local non-domestic rating list for the area of a billing authority in England;

(b)

the hereditament comprises land, plant or buildings used or available for use for the purpose of generating electricity (other than by means of the burning of waste unless the waste is animal litter), where such use is the sole or primary function of the hereditament; and

(c)

the generating plant in or on the hereditament—

(i)

uses wind or water power as its primary source of energy, or

(ii)

has a declared net capacity of 500 kilowatts or more.

(3)

In determining whether the primary function of a hereditament is for the purpose of generating electricity, no account shall be taken of so much of any heat produced in or on the hereditament as is produced other than for the purpose of the generation of electricity.