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The Electricity (Exemption from the Requirement for a Generation Licence) (Lochluichart) Order 2013

S.I. 2013/2473 · Made 26 September 2013

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Electricity

Made 26th September 2013

Laid before Parliament 30th September 2013

Coming into force 28th October 2013

The Secretary of State, after consultation with the Scottish Ministersf1, makes the following Order in exercise of the powers conferred by section 5 of the Electricity Act 1989f2.

The Secretary of State has given notice of the proposal to make this Order in accordance with section 5(2) and (3) of that Act. No representations in respect of the proposal have been made.

Annotations to the whole text

Footnotes

f1

S.I. 1990/1750; article 4 and Schedule 3 provide that functions under section 5(1) of the Act are, in so far as they are exercisable in or as regards Scotland, only exercisable after consultation with the Scottish Ministers.

f2

1989 c.29. Section 5 was substituted by section 29 of the Utilities Act 2000 (c.27).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Exemption from section 4(1)(a) of the Act
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Electricity (Exemption from the Requirement for a Generation Licence) (Lochluichart) Order 2013 and comes into force on 28th October 2013.

2Interpretation

In this Order—

  • “the Act” means the Electricity Act 1989;

  • “the company” means LZN Limited, a company registered in England and Wales with number 04846309;

  • “the generating station” means the Lochluichart onshore wind farm, an electricity generating station located at Ordnance Survey map reference NH326674, approximately 18 kilometres north-west of Dingwall in the Highlands of Scotland;

  • “the total system” means all transmission systems and distribution systems, located in Great Britain, of holders of licences under section 6(1)(b) and (c) of the Actf1 (transmission and distribution licences).

3Exemption from section 4(1)(a) of the Act

(1)

Subject to paragraph (2), the company is granted exemption from section 4(1)(a) of the Act (prohibition of unlicensed generation of electricity for supply) in respect of the generating station.

(2)

The exemption granted in paragraph (1) is subject to compliance with the following conditions—

(a)

that the generating station is connected to the total system;

(b)

that, except in circumstances outside the reasonable control of the company, the generating station does not export more than 100 megawatts of electrical power to the total system; and

(c)

that the company does not hold a licence under section 6(1)(a) of the Act.

Signature

Michael Fallon

Minister of State

Department of Energy and Climate Change

26th September 2013

Explanatory note

(This note is not part of the Order)

This Order grants exemption from the requirements of section 4(1)(a) of the Electricity Act 1989 (which prohibits the generation of electricity for supply to any premises without a licence) to LZN Limited in relation to the Lochluichart onshore wind farm, an electricity generating station located at Ordnance Survey map reference NH326674, approximately 18 kilometres north-west of Dingwall in the Highlands of Scotland.

A regulatory impact assessment in respect of exemptions from the requirements of section 4(1)(a) of the Electricity Act 1989 was prepared in 2001 and can be obtained from the Department of Energy and Climate Change, Energy Markets Unit, 4th Floor, 3 Whitehall Place, London, SW1A 2AW. Copies have been placed in the libraries of both Houses of Parliament.