Regulation 2 Application for consent

(1)

The Commissioners must obtain the written consent of the Secretary of State before an exercise of their powers under section 3A of the Act in a case where—

(a)

a proposed exercise of the powers is intended to enable the construction on English Forestry land of the whole or part of a generating station^f1 (including an extension to an existing station); and

(b)

the capacity threshold is exceeded^f2.

(2)

Any notice of a requirement for consent under paragraph (1) must be given to the Secretary of State by the Commissioners in writing.

Annotations

Footnotes

f1: “English forestry land” is defined in section 3A(5) and “generating station” in section 3B(10) of the Forestry Act 1967.
f2: The circumstances in which the capacity threshold is exceeded for these purposes are set out in section 3B(3) and (4) of the Forestry Act 1967.