Article 3 Application

(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—

(a)

the hereditament is occupied by a holder of a licence or exemption where the licence or exemption authorises the holder to generate electricity but not to supply or (in the case of a licence) to transmit electricity;

(b)

the hereditament comprises land, plant or buildings used or available for use for the purpose of generating electricity, where—

(i)

such use is its sole or primary function; or

(ii)

its primary function is in connection with a scheme for the production for sale of both electrical power and heat; or

(iii)

the primary source of energy in such generation is the burning of refuse; and

(c)

the generating plant—

(i)

uses wind, tidal or water power as its primary source of energy; or

(ii)

if its primary source of energy is the burning of refuse, and neither sub-paragraph (i) or (ii) of sub-paragraph (b) applies, has a declared net capacity of 25 megawatts or more; or

(iii)

has a declared net capacity of 500 kilowatts or more.