Citation, commencement and extent

1. —(1) This Order may be cited as the Electricity (Exemption from the Requirement for a Generation Licence) (Covanta Ince Park Limited) (England and Wales) Order 2012 and shall come into force on 28th December 2012.

(2) This Order extends to England and Wales only.

Interpretation

2. In this Order—

“the Act” means the Electricity Act 1989;

“Covanta Ince Park Limited Generating Facility” means the generating station located at Ordnance Survey map reference SJ 4679 7662 on the south bank of the Manchester Ship Canal in Ince, Cheshire;

“Covanta Ince Park Limited” means the company of that name registered in England and Wales with company number 07246720; and

“the total system in England and Wales” means—

in each case, to the extent located in England and Wales.

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

3. Subject to article 4, exemption is granted from section 4(1)(a) of the Act (prohibition of unlicensed generation of electricity for supply) to Covanta Ince Park Limited in respect of Covanta Ince Park Limited Generating Facility.

Conditions on exemption

4. The exemption granted by article 3 to Covanta Ince Park Limited is subject to compliance with the following conditions—

(a) that Covanta Ince Park Limited does not hold a licence under section 6(1)(a) of the Act( 2 ) (a generation licence);

(b) that Covanta Ince Park Limited Generating Facility is connected to the total system in England and Wales; and

(c) that Covanta Ince Park Limited Generating Facility is not normally capable of exporting more than 100 megawatts to the total system in England and Wales disregarding power temporarily provided in excess of 100 megawatts due to technical circumstances outside the reasonable control of Covanta Ince Park Limited.