Statutory Instruments
2010 No. 1888 (C. 97)
Energy
The Energy Act 2008 (Commencement No. 5) Order 2010
Made
22nd July 2010
The Secretary of State makes the following Order in exercise of the powers conferred by section 110(2) and (3) of the Energy Act 2008( 1 ).
Citation and interpretation
1. —(1) This Order may be cited as the Energy Act 2008 (Commencement No. 5) Order 2010.
(2) In this Order—
“the Act” means the Energy Act 2008 ;
“electrical plant”, “electric line” and “generating station” have the meanings given by section 64(1) (interpretation etc of Part 1) of the Electricity Act 1989 ( 2 );
“offshore waters” means waters in or adjacent to Great Britain which are—
between the mean low water mark and the seaward limits of the territorial sea; and
waters within an area designated under section 1(7) of the Continental Shelf Act 1964( 3 ); and
“tender exercise” means a competitive tender exercise undertaken in accordance with regulations made under section 6C (competitive tenders for offshore transmission licences) of the Electricity Act 1989 ( 4 ).
Commencement
2. —(1) Section 44(3) (definition of ‘relevant offshore line’) of the Act comes into force on 29th July 2010—
(a) in relation to assets which—
(i) have been the subject of a tender exercise;
(ii) have been transferred to the person who was the successful bidder in relation to that tender exercise; and
(iii) were not constructed or installed by that person;
(b) in relation to any electric line and associated electrical plant which—
(i) is located partly in an area of offshore waters; and
(ii) is used in the conveyance of electricity generated only by a generating station located otherwise than in an area of offshore waters.
(2) Sections 84 (power to amend licence conditions etc: transmission systems), 85 (procedure for modification) and 86 (supplemental) of the Act come into force on 29th July 2010.
Charles Hendry
Minister of State,
Department of Energy and Climate Change
22nd July 2010
1989 c.29 . The definition of “electrical plant” was amended by section 108 of, and Schedule 6, Part 2, paragraphs 24, and 38(1), (3) to, the Utilities Act 2000 (c.27) .
1964 c.29 . Section 1(7) was amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c.23) .
Section 6C was inserted into the Electricity Act 1989 by section 92 of the Energy Act 2004 (c.20) . Section 6D (supplemental provision to section 6C), section 6E (property schemes in respect of offshore transmission licences) were inserted into the Electricity Act by section 44(2) of, and Schedule 2 to, the Energy Act 2008 (c.32) .