Explanatory note

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.