Article 4 Application and interpretation

(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 the hereditament—

(a)

is on 1st April 2000 entered on a list for the area of a billing authority in England;

(b)

comprises land, plant or buildings of which the sole or primary function is either—

(i)

generating electricity where the primary source of power for that purpose is the burning of waste, or

(ii)

burning waste, where the hereditament is also used for generating electricity and the primary source of power for that purpose is the burning of waste; and

(c)

includes generating plant of which the declared net capacity is 25 megawatts or more.