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Electricity Act 1989

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Changes over time for: Section 10O

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Version Superseded: 24/04/2017

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Status:

Point in time view as at 01/01/2013. This version of this provision has been superseded. Help about Status

Changes to legislation:

Electricity Act 1989, Section 10O is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F110OInterpretationU.K.

(1)In sections 10A to 10N and this section—

  • “control”, in relation to one person having control over another, has the meaning given by Article 2(34) of the Electricity Directive (but in determining whether one person (“person A”) has control over another (“person B”) no account is to be taken of any unexercised contractual or other right which would, if exercised, give person A control over person B and which was conferred as a condition of the provision of either financial support or a guarantee (or both), by person A in relation to the business of person B); and references to one person controlling another are to be interpreted accordingly;

  • “certified” means taken in accordance with section 10D(8) or 10L(8) to be certified (or as continuing to be certified) by the Authority under section 10D; and “certify” and “certification” are to be interpreted accordingly;

  • “certification grounds” has the meaning given by section 10E(2);

  • “majority shareholding” means a simple majority of shares;

  • “person from a third country” means a person the Authority thinks is from a third country;

  • “shareholder right” means a right, conferred by the holding of a share in a company’s share capital—

    (a)

    to vote at general meetings of the company; or

    (b)

    to appoint or remove a member of the company’s board of directors;

  • “third country” means a country that is not, and is not part of, an EEA state.

(2)In this Part “electricity undertaking” means a person who—

(a)generates electricity for the purpose of giving a supply to any premises or enabling a supply to be so given;

(b)supplies electricity to any premises; or

(c)otherwise generates or sells electricity.

(3)In this Part “relevant producer or supplier”, in relation to an applicant for certification or a certified person, means a person who falls within each of subsections (4) and (5).

(4)A person falls within this section if the person—

(a)is an electricity undertaking;

(b)gets natural gas from its natural condition in strata otherwise than as an unintended consequence of the storage of gas, and requires a licence under section 3 of the Petroleum Act 1998 (licences to search and bore for and get petroleum) to do so or would require such a licence if getting the gas in Great Britain;

(c)produces any other gas, including in particular biomethane, which is suitable for conveyance through pipes to premises in accordance with a licence under section 7 of the Gas Act 1986;

(d)supplies to any premises gas which has been conveyed to those premises through pipes;

(e)arranges with a gas transporter for gas to be introduced into, conveyed by means of or taken out of a pipe-line system operated by that transporter; or

(f)otherwise sells gas,

and terms used in paragraphs (b) to (f) of this subsection have the same meanings in those paragraphs as in Part 1 of the Gas Act 1986.

(5)A person falls within this subsection if the person carries out in an EEA state some or all of the activity by virtue of which the person falls within subsection (4) and—

(a)requires a licence under section 7A of the Gas Act 1986 (licensing of gas suppliers and gas shippers) or section 6 of this Act to do so;

(b)would, in the Authority’s opinion, require such a licence if carrying out the activity in Great Britain; or

(c)has a relationship with the applicant or certified person which the Authority thinks might lead the applicant or certified person to discriminate in favour of the person.]

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