4.—(1) A carbon capture entity is an “excluded carbon capture entity” if—
(a)the carbon dioxide (or substance consisting primarily of carbon dioxide) has been produced by the generation of electricity at a generating station;
(b)the generating station—
(i)if located in Great Britain is connected, in respect of all the electricity generated by the generating station, to one or both of—
(aa)the Great Britain transmission system;
(bb)the Great Britain distribution system; or
(ii)if located in Northern Ireland is connected, in respect of all the electricity generated by the generating station, to one or both of—
(aa)the Northern Ireland transmission system;
(bb)the Northern Ireland distribution system;
(c)the generating station is not a combined heat and power generating station; and
(d)the generating station is not an energy recovery generating station.
(2) In this regulation—
“combined heat and power generating station” means a generating station which is (or may be) operated in order to supply to any premises heat produced in association with the electricity generated;
“energy recovery generating station” means a generating station which is fuelled by biomass or waste (or both), but excluding gas formed by the anaerobic digestion of material where that material is, or is derived from, waste;
“Great Britain distribution system” means a distribution system of the kind described in the definition of “distribute” in section 4(4) of the Electricity Act 1989(1);
“Great Britain transmission system” has the same meaning as that given to “transmission system” in section 4(4) of the Electricity Act 1989;
“Northern Ireland distribution system” means a distribution system of the kind described in the definition of “distribute” in article 3 of the Electricity (Northern Ireland) Order 1992(2);
“Northern Ireland transmission system” has the same meaning as that given to “transmission system” in article 3 of the Electricity (Northern Ireland) Order 1992.
(3) In this regulation the following have the same meanings as they are given in regulation 2(1) of the Contracts for Difference (Definition of Eligible Generator) Regulations 2014(3)—
“anaerobic digestion”;
“biomass”;
“generating station”;
“waste”.
S.I. 1992/231 (N.I.1); relevant amending instruments are S.I. 2003/419 (N.I. 6) and S.R. 2007 No. 321.
S.I. 2014/2010, amended by S.I. 2018/895; there are other amending instruments but none is relevant.