Statutory Instruments
2016 No. 1000
Electricity
The Electricity (Exemption from the Requirement for a Generation Licence) (Harburnhead) Order 2016
Made
13th October 2016
Laid before Parliament
17th October 2016
Coming into force
17th November 2016
The Secretary of State, after consulting with the Scottish Ministers, makes the following Order in exercise of the powers conferred by section 5 of the Electricity Act 1989( 1 ).
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) (Harburnhead) Order 2016 and comes into force on 17th November 2016.
Interpretation
2. In this Order—
“the Act” means the Electricity Act 1989;
“the company” means LDV Harburnhead Limited, a company registered in Scotland with company number SC420122;
“the generating station” means Harburnhead Wind Farm, an electricity generating station whose entrance is located at Ordnance Survey map reference NT 039 602, approximately 8 kilometres south of Livingston, 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 ).
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 by 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.
Neville-Rolfe
Minister of State
Department for Business, Energy and Industrial Strategy
13th October 2016
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, and section 6(1)(b) was further substituted by section 136(1) of the Energy Act 2004 (c. 20) .