Citation, commencement and extent

1. —(1) This Order may be cited as the Electricity Act 1989 (Exemption from the Requirement for a Generation Licence) (Gunfleet Sand) (England and Wales) Order 2007 and shall come into force on 1st May 2007.

(2) This Order does not extend to Scotland.

Interpretation

2. In this Order—

“the Act” means the Electricity Act 1989;

“Gunfleet Sands Wind Farm” means the offshore wind farm referred to in the letter of 20th August 2003 sent to the Department of Trade and Industry for and on behalf of Gunfleet and to be located at Ordnance Survey map reference TM 225087 on the sand bank known as Gunfleet Sand, which lies approximately 7 kilometres south east of Clacton-on-Sea, Essex;

“Gunfleet” means Gunfleet Sands Limited, registered in England and Wales with number 04019207;

“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 Gunfleet in respect of the Gunfleet Sands Wind Farm.

Conditions on exemption

4. The exemption granted by article 3 to Gunfleet is subject to compliance with the following conditions—

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

(b) that Gunfleet Sands Wind Farm is connected to the total system in England and Wales and (except in circumstances outside the reasonable control of Gunfleet) does not export more than 100 megawatts of electrical power to it at any time.