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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend and extend the scope of the Electricity Safety, Quality and Continuity Regulations 2002 (S.I. 2002/2665) (“the ESQCR”).

Regulation 2 incorporates the latest amendment to the British Standard Requirements for Electrical Installations (BS7671) into the ESQCR. That amendment to BS7671 was made in light of the requirement to harmonise cable core colours across the European Union. The British Standard Requirements in question are in a joint publication by the British Standards Institution and The Institution of Engineering and Technology. Copies can be obtained from The Institution of Engineering and Technology, Michael Faraday House, Six Hills Way, Stevenage, Herts, SG1 2AY.

Regulation 3 amends the definitions of “consumer” and “distributor” in the ESQCR. This is to ensure that tramways, trolley vehicle systems and other forms of guided transport are afforded the same exemptions from the application of the ESQCR as is the case for railways.

Regulation 4 augments the current duty for generators and distributors to maintain sufficient clearances between electricity lines and trees to avoid danger to the public (regulation 18(5) of the ESQCR) by requiring further vegetation control in order to avoid, so far as is reasonably practicable, interference with or interruption of supply. This amendment is embodied in a new regulation 20A to the ESQCR, which will not apply until 31st January 2009.

Regulation 5 (subject to certain qualifications) extends the scope of the ESQCR to the UK Renewable Energy Zone (“REZ”) and confirms their application to territorial waters adjacent to Great Britain. The REZ was designated by Order in Council (S.I. 2004/2668) pursuant to powers in section 84(4) of the Energy Act 2004 (c. 20).

Certain regulations in the ESQCR, listed in regulation 5(2) of this instrument, have not had their scope extended to offshore waters for reasons of practicability. Certain of the aspects excluded have no physical application offshore (e.g. protective multiple earthing); others have no organisational application (e.g. regulation of supply networks or consumer installations).

A Regulatory Impact Assessment is available and can be obtained from the Department of Trade and Industry’s website at: www.dti.gov.uk. Copies of the Regulatory Impact Assessment have been placed in the libraries of both Houses of Parliament.

These Regulations have been notified to the European Commission and the other Member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (O.J. No. L204, 21.7.98, p.37), as amended by Directive 98/48/EC of the European Parliament and of the Council (O.J. No. L217, 5.8.98, p.18).