Regulation 3 Application of emissions limit duty to additional cases

(1)

The emissions limit duty applies to a generating unit which satisfies the conditions in paragraphs (2) and (3).

(2)

The condition in this paragraph is that the generating unit uses—

(a)

fossil fuel; or

(b)

fuel produced by gasification plant.

(3)

The conditions in this paragraph are that—

(a)

the generating station in which the generating unit is located was the subject of a relevant consent granted before 18th February 2014; and

(b)

on or after 18th February 2014—

(i)

any main boiler in that generating unit is replaced; or

(ii)

an additional main boiler is installed in the generating unit.

(4)

For the purposes of paragraph (3)(a), a generating station is to be treated as the subject of a relevant consent if, by virtue of a consent or approval granted before section 36 of the Electricity Act 1989^f1 or Article 39 of the Electricity (Northern Ireland) Order 1992^f2 came into force, no relevant consent was required in respect of it.

(5)

The emissions limit duty does not apply to any generating equipment of a generating station in which the generating unit is located if that equipment is installed for safety purposes or for use in an emergency.

(6)

In paragraph (5), “emergency” means an occurrence which involves a risk to the health or safety of persons or to the safe operation of the generating station.

Annotations

Footnotes

f1: 1989 c. 29. Section 36 was amended by the Energy Act 2004, section 93(1) and (3), the Planning Act 2008, section 36 and Schedule 2, paragraphs 31, 32(1), (2) and (3), the Marine and Coastal Access Act 2009, section 12(7)(a) and (8), and S.I. 2006/1054, article 2 and Schedule 1, Part 1, paragraph 1(1) and (2).
f2: S.I. 1992/231 (N.I. 1).