Citation and commencement

1. This Order may be cited as the Financial Services Act 1986 (Electricity Industry Exemption) Order 2001, and shall come into force on 26th March 2001.

Interpretation

2. In this Order—

“Ancillary Services” means services which generators and suppliers of electricity and those making transfers of electricity across an Interconnector are required (as a condition of their connection to the transmission system in England and Wales) or have agreed to make available to NGC for the purpose of securing stability of operation on the electricity transmission system and distribution systems in England and Wales or any system linked to it or them by an Interconnector;

“Balancing and Settlement Arrangements” means:

“Balancing Mechanism” means the arrangements pursuant to which BSC Parties may make, and NGC may accept, offers or bids to increase or decrease the quantities of electricity to be delivered to or taken off the electricity transmission system and distribution systems in England and Wales at any time or during any period so as to assist NGC in operating and balancing its electricity transmission system, and arrangements for the settlement of financial obligations arising from the acceptance of such offers and bids, being part of the Balancing and Settlement Arrangements;

“Balancing Services” means—

“BSC Agents” means the persons for the time being engaged by or on behalf of ELEXON Limited (a company registered in England under number 3782949) for the purpose of providing services to all BSC Parties, NGC, ELEXON Limited and ELEXON Clear Limited (a company registered in England under number 4027298) in connection with the operation of the Balancing and Settlement Arrangements;

“BSC Parties” means those persons (other than NGC, ELEXON Limited and ELEXON Clear Limited) who have signed or acceded to (in accordance with the terms of the BSC Framework Agreement), and not withdrawn from, the BSC Framework Agreement;

“BSC Framework Agreement” means the agreement of that title in the form approved by the Secretary of State for Trade and Industry for the purposes of conditions (inserted by the Secretary of State for Trade and Industry under powers granted by section 15A of the Electricity Act 1989( 4 )) of (among other things) the Transmission Licence, and which is dated 14 August 2000;

“Interconnector” means the electric lines and electrical plant used for the transfer of electricity to or from the electricity transmission system and distribution systems in England and Wales into or out of England and Wales;

“NGC” means The National Grid Company plc (a company registered in England under number 2366977);

“the Pooling and Settlement Agreement” means the agreement of that title dated 30 March 1990 (as it has effect on the making of this Order) to which a person generating or supplying electricity may be required to become party by the licence granted to him under section 6 of the Electricity Act 1989;

“Schedule 1” means Schedule 1 to the Financial Services Act 1986( 5 );

“the Transmission Licence” means the licence to transmit electricity in England and Wales and granted to NGC under section 6(1)(b) of the Electricity Act 1989; and

“Volume Notification Agents” means the persons for the time being appointed and authorised under and in accordance with the Balancing and Settlement Arrangements on behalf of BSC Parties to notify to the BSC Agent designated for that purpose pursuant to the Balancing and Settlement Arrangements quantities of electricity contracted for the sale and purchase between those BSC Parties to be taken into account for the purposes of the Balancing and Settlement Arrangements.

Exemptions

3.NGC shall be an exempted person as respects—

(a) its participation in the Balancing and Settlement Arrangements as operator of the electricity transmission system in England and Wales under the Transmission Licence; or

(b) the acquisition by it of Balancing Services in accordance with the Electricity Act 1989 and the Transmission Licence

where such participation or acquisition would constitute an activity within paragraph 12 or 13 of Schedule 1, or where advice given by it in relation to such participation or acquisition would constitute an activity falling within paragraph 15 of Schedule 1.

4. ELEXON Clear Limited shall be an exempted person as respects its participation in the Balancing and Settlement Arrangements as clearer for the purposes of (among other things) receiving from and paying to BSC Parties trading and reconciliation charges arising under the Balancing and Settlement Arrangements where such participation would constitute an activity falling within paragraph 12 or 13 of Schedule 1.

5. Each BSC Party shall be an exempted person as respects—

(a) its participation in the Balancing and Settlement Arrangements; or

(b) the provision by it of Balancing Services

where such participation or provision would constitute an activity falling within paragraph 12 or 13 of Schedule 1, or where advice given by it in relation to such participation or provision would constitute an activity falling within paragraph 15 of Schedule 1.

6. ELEXON Limited shall be an exempted person as respects its participation in the Balancing and Settlement Arrangements as administrator where such participation would constitute an activity falling within paragraph 13 of Schedule 1.

7. Each BSC Agent and each Volume Notification Agent shall be exempted persons as respects any activities in which they engage in their capacities as BSC Agent and Volume Notification Agent respectively and (in either case) falling within paragraph 13 of Schedule 1.

8. NGC, Energy Pool Funds Administration Limited (a company registered in England under number 2444187) and ESIS Limited (a company registered in England under number 2444282) shall be exempted persons as respects any activities—

(a) under or relating to the Pooling and Settlement Agreement or relating to transactions that calculate a price by reference to the Pooling and Settlement Agreement; or

(b) under or relating to the settlement and reconciliation of transactions made under the Pooling and Settlement Agreement

and, in either case, falling within paragraph 12 or 13 of Schedule 1, or where advice given by any of those persons in relation to such matters would constitute an activity falling within paragraph 15 of Schedule 1.

Revocation

9.Paragraph (1) of article 3 of the Financial Services Act 1986 (Listed Money Market Institutions and Miscellaneous Exemptions) Order 1990( 6 ) is hereby revoked.