Citation, commencement and extent

1. —(1) This Order may be cited as the Electricity Act 1989 (Exemption from the Requirement for a Generation Licence) (England and Wales) Order 2006 and shall come into force on 8th December 2006.

(2) This Order does not extend to Scotland.

Interpretation

2. In this Order—

“the Act” means the Electricity Act 1989;

“Scout Moor generating station” means the onshore wind farm known as Scout Moor Wind Farm situated on land between Eldenfield and Whitworth at OS map reference SD 830185;

“SMWFL” means Scout Moor Wind Farm Limited registered in England and Wales with number 04956455;

“total system in England and Wales” has the same meaning as it has in the Electricity (Class Exemptions from the Requirement for a Licence) Order 2001( 2 ).

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

3. Exemption is granted from section 4(1)(a) of the Act (prohibition of unlicensed generation of electricity for supply) to SMWFL in respect of the Scout Moor generating station.

Conditions on exemption

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

(a) that SMWFL does not hold a licence under section 6(1)(a) of the Act (licence authorising generation of electricity for supply)( 3 );

(b) that the Scout Moor generating station is connected to the total system in England and Wales and (except in circumstances outside the reasonable control of SMWFL) does not export more than 100 megawatts of electrical power to it.