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The Onshore Wind Generating Stations (Exemption) (England and Wales) (Revocation) Order 2016

S.I. 2016/605 · Made 24 May 2016

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 24th May 2016

Laid before Parliament 26th May 2016

Coming into force 12th July 2016

The Secretary of State for Energy and Climate Change, in exercise of the powers conferred by section 36(4) of the Electricity Act 1989f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

1989 c. 29. Relevant amendments to section 36 were made by: the Planning Act 2008 (c. 29) (section 36 and Schedule 2, paragraphs 31, 32(1) to (3)); the Marine and Coastal Access Act 2009 (c. 23) (section 12(7)(a), (8)); and the Energy Act 2004 (c. 20) (sections 93(1) and (3)). Functions under section 36, in so far as exercisable in or as regards Scotland, were transferred to the Scottish Ministers by S.I. 2006/1040 (articles 2, 3 and 6).

Contents

  1. 1Citation, commencement and extent
  2. 2Revocation of the Onshore Wind Generating Stations (Exemption) (England and Wales) Order 2016 and the Onshore Wind Generating Stations (Exemption) (England and Wales) (Amendment) Order 2016
  3. 3Revocation of the Onshore Wind Generating Stations (Exemption) (England and Wales) Order 2016 and the Onshore Wind Generating Stations (Exemption) (England and Wales) (Amendment) Order 2016
  4. Signature
  5. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Onshore Wind Generating Stations (Exemption) (England and Wales) (Revocation) Order 2016 and comes into force on 12th July 2016.

(2)

This Order extends to England and Wales only.

2Revocation of the Onshore Wind Generating Stations (Exemption) (England and Wales) Order 2016 and the Onshore Wind Generating Stations (Exemption) (England and Wales) (Amendment) Order 2016

The Onshore Wind Generating Stations (Exemption) (England and Wales) Order 2016f1 is revoked.

3Revocation of the Onshore Wind Generating Stations (Exemption) (England and Wales) Order 2016 and the Onshore Wind Generating Stations (Exemption) (England and Wales) (Amendment) Order 2016

The Onshore Wind Generating Stations (Exemption) (England and Wales) (Amendment) Order 2016f1 is revoked.

Signature

Andrea Leadsom

Minister of State

Department of Energy and Climate Change

24th May 2016

Explanatory note

(This note is not part of the Order)

Section 36 of the Electricity Act 1989 (c. 29) (the “Act”) provides that generating stations may not be constructed, extended or operated without consent under section 36(1). Section 36(4) enables the Secretary of State to direct by order that this prohibition is not to apply to generating stations of a particular class or description.

The Onshore Wind Generating Stations (Exemption) (England and Wales) Order 2016 (S.I. 2016/21) (“the Exemption Order”), as amended by the Onshore Wind Generating Stations (Exemption) (England and Wales) (Amendment) Order 2016 (S.I. 2016/450), removed from the requirement for consent under section 36 of the Act wind powered generating stations which are onshore in England or Wales. Section 78 of the Energy Act 2016 (c. 20) makes similar provision to the Exemption Order, as amended, and replaces the need for it. This Order, consequently, revokes the earlier Orders.

An impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.