Citation, commencement and extent

1. —(1) This Order may be cited as the Electricity (Exemption from the Requirement for a Generation Licence) (England and Wales) Order 2002 and shall come into force on 22nd April 2002.

(2) This Order does not extend to Scotland.

Interpretation

2. —(1) In this Order—

“the Act” means the Electricity Act 1989 ;

“Castleford generating station” means the plant known as Castleford CHP, situated at Wheldon Road, Castleford, WF10 2JT;

“licensed generator” means the holder of a licence under section 6(1)(a)( 2 ) of the Act;

“licensed transmitter” means the holder of a licence under section 6(1)(b) of the Act;

“Powergen CHP” means Powergen CHP Limited registered in England and Wales with number 2584288;

“Powergen Cogeneration” means Powergen Cogeneration Limited registered in England and Wales with number 2730697;

“Stoke generating station” means the plant known as Stoke CHP, situated at Campbell Road, Stoke-on-Trent, ST4 4EY; and

“total system” means the transmission system in England and Wales of the licensed transmitter and all distribution systems in England and Wales.

(2) For the purposes of this Order a person shall be treated as generating electricity at any time if he is the operator of plant or equipment which at the time—

(a) is generating or capable of generating electricity; or

(b) is not capable of generating electricity only by reason of the maintenance, repair or testing of the plant or equipment.

Exemptions from section 4(1)(a) of the Act

3. —(1) Exemption is granted from section 4(1)(a) of the Act to Powergen CHP in respect of the Stoke generating station.

(2) Exemption is granted from section 4(1)(a) of the Act to Powergen Cogeneration in respect of the Castleford generating station.

Conditions on exemptions

4. —(1) The exemption granted by article 3(1) to Powergen CHP is subject to compliance with the conditions specified in paragraph (2) below.

(2) (a) Powergen CHP is not a licensed generator.

(b) The Stoke generating station is connected to the total system and is not normally capable of exporting more electrical power than 100 megawatts to the total system, disregarding power temporarily provided in excess of 100 megawatts due to technical circumstances outside the reasonable control of Powergen CHP.

(3) The exemption granted by article 3(2) to Powergen Cogeneration is subject to compliance with the conditions specified in paragraph (4) below.

(4) (a) Powergen Cogeneration is not a licensed generator.

(b) The Castleford generating station is connected to the total system and is not normally capable of exporting more electrical power than 100 megawatts to the total system, disregarding power temporarily provided in excess of 100 megawatts due to technical circumstances outside the reasonable control of Powergen Cogeneration.