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 2005 and shall come into force on 1 ^st September 2005.

(2) This Order does not extend to Scotland.

Interpretation

2. In this Order—

“the Act” means the Electricity Act 1989;

“Barrow generating station” means the offshore wind farm known as Barrow Offshore Wind Farm situated offshore approximately 7 kilometres south-west of Walney Island in Cumbria;

“Barrow Offshore Wind” means Barrow Offshore Wind Limited registered in England and Wales with number 4145993;

“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; and

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

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

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

Conditions on exemption

4. The exemption granted by article 3 to Barrow Offshore Wind is subject to compliance with the conditions specified in sub paragraphs (a) and (b) below—

(a) Barrow Offshore Wind is not a licensed generator;

(b) the Barrow 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 Barrow Offshore Wind.