Citation and commencement

1. This Order may be cited as the Electricity (Exemption from the Requirement for a Generation Licence) Order 2004 and shall come into force on 20th May 2004.

Interpretation

2. In this Order—

“the Act” means the Electricity Act 1989;

“CRW” means Crystal Rig Wind Farm Limited, registered in England and Wales with number 4364525;

“Crystal Rig generating station” means the wind farm known as the Crystal Rig Wind Farm situated at Cranshaws, Duns, Berwickshire, Scotland;

“licensed generator” means the holder of a licence under section 6(1)(a)( 3 ) of the Act;

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

“Paul’s Hill generating station” means the wind farm known as the Paul’s Hill Wind Farm situated at Paul’s Hill, Aberdour, Moray, Scotland;

“PWL” means Paul’s Hill Wind Limited, registered in England and Wales with number 4364516;

“Rothes generating station” means the wind farm known as the Rothes Wind Farm situated at Cairn Uish, Rothes, Moray, Scotland;

“RWL” means Rothes Wind Limited, registered in England and Wales with number 4364513;

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

3. —(1) Exemption is granted from section 4(1)(a) of the Act to CRW in respect of the Crystal Rig generating station.

(2) Exemption is granted from section 4(1)(a) of the Act to PWL in respect of the Paul’s Hill generating station.

(3) Exemption is granted from section 4(1)(a) of the Act to RWL in respect of the Rothes generating station.

Conditions on exemptions

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

(2) (a) CRW is not a licensed generator;

(b) The Crystal Rig generating station is connected to a distribution system in Scotland operated by a licensed distributor and is not normally capable of exporting more electrical power than 100 megawatts to that system, disregarding power temporarily provided in excess of 100 megawatts due to technical circumstances outside the reasonable control of CRW.

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

(4) (a) PWL is not a licensed generator;

(b) The Paul’s Hill generating station is connected to a distribution system in Scotland operated by a licensed distributor and is not normally capable of exporting more electrical power than 100 megawatts to that system, disregarding power temporarily provided in excess of 100 megawatts due to technical circumstances outside the reasonable control of PWL

(5) The exemption granted by article 3(3) to RWL is subject to compliance with the conditions specified in paragraph (6) below.

(6) (a) RWL is not a licensed generator;

(b) The Rothes generating station is connected to a distribution system in Scotland operated by a licensed distributor and is not normally capable of exporting more electrical power than 100 megawatts to that system, disregarding power temporarily provided in excess of 100 megawatts due to technical circumstances outside the reasonable control of RWL.