Statutory Instruments
2015 No. 2040
Electricity
The Electricity (Exemption from the Requirement for a Generation Licence) (Galawhistle) Order 2015
Made
15th December 2015
Laid before Parliament
18th December 2015
Coming into force
18th January 2016
The Secretary of State, after consultation with Scottish Ministers, in exercise of the powers conferred by section 5 of the Electricity Act 1989( 1 ), makes the following Order.
The Secretary of State has given notice of the proposal to make this Order in accordance with section 5(2) and (3) of that Act. No representations in respect of the proposal have been made.
Citation and commencement
1. This Order may be cited as the Electricity (Exemption from the Requirement for a Generation Licence) (Galawhistle) Order 2015 and comes into force on 18th January 2016.
Interpretation
2. In this Order—
“the Act” means the Electricity Act 1989;
“the company” means Galawhistle Wind Farm Limited, a company registered in England and Wales with company number 07715284;
“the generating station” means the Galawhistle wind farm, an electricity generating station whose entrance is located at Ordnance Survey map reference NS 787 284, approximately 15km south west of Lanark, Scotland;
“the total system” means all transmission systems and distribution systems, located in Great Britain, of holders of licences under section 6(1)(b) and (c) of the Act( 2 ) (transmission and distribution licences).
Exemption from section 4(1)(a) of the Act
3. —(1) Subject to paragraph (2), the company is granted exemption from section 4(1)(a) of the Act (prohibition of unlicensed generation of electricity for supply) in respect of the generating station.
(2) The exemption granted in paragraph (1) is subject to compliance with the following conditions—
(a) that the generating station is connected to the total system;
(b) that, except in circumstances outside the reasonable control of the company, the generating station does not export more than 100 megawatts of electrical power to the total system; and
(c) that the company does not hold a licence under section 6(1)(a) of the Act.
Andrea Leadsom
Minister of State
Department of Energy and Climate Change
15th December 2015
1989 c.29 . Section 5 was substituted by section 29 of the Utilities Act 2000 (c.27) . Under article 4 of and Schedule 3 to the Scotland Act (Transfer of Functions to the Scottish Ministers etc. ) Order 1999 ( S.I. 1999/1750 ), functions under section 5(1) of the Electricity Act 1989 are, in so far as they are exercisable in or as regards Scotland, exercisable only after consultation with the Scottish Ministers.
Section 6 was substituted by section 30 of the Utilities Act 2000.