Citation, commencement and extent

1. —(1) This Order may be cited as the Electricity Act 1989 (Exemption from the Requirement for a Generation Licence) (Burbo Bank) (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;

“Burbo Bank Wind Farm” means the offshore wind farm known as the Burbo Offshore Wind Farm and located at Ordnance Survey map reference SD 211000 on the west side of the sand bank known as Burbo Bank, which lies off the coast of Cheshire;

“Seascape Energy” means Seascape Energy Limited, registered in England and Wales with number 04129545;

“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 Seascape Energy in respect of the Burbo Bank Wind Farm.

Conditions on exemption

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

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

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