Electricity Act 1989

[F2 6F F1 ... Transmission during commissioning period E+W+S

(1) For the purposes of this Part a person is not to be regarded as participating in the transmission of electricity if the following four conditions are met.

(2) The first condition is that the transmission takes place over [F3 a] transmission system (“the system”) or anything forming part of it.

(3) The second condition is that the transmission takes place during a commissioning period (see section 6G).

(4) [F4 In relation to an offshore transmission system,] the third condition is that—

(a) a request has been made to the Authority in accordance with [F5 offshore transmission tender regulations] for a tender exercise to be held for the granting of an offshore transmission licence in respect of the system,

(b) the Authority has determined in accordance with those regulations that the request relates to a qualifying project, and

(c) the system, or anything forming part of it, has not been transferred as a result of the exercise to the successful bidder.

[F6 (4A) In relation to a transmission system other than an offshore transmission system, the third condition is that—

(a) either—

(i) a tender exercise for the granting of a relevant licence in respect of the system has been or is being held, or

(ii) a delivery body has determined to hold a tender exercise for the granting of a relevant licence in respect of the system, and

(b) the system, or anything forming part of it, has not been transferred to the successful bidder.]

(5) The fourth condition is that—

(a) the person who is the developer in relation to the tender exercise is also the operator of a relevant generating station, and

(b) the construction or installation of the system is being or has been carried out by or on behalf of, or by or on behalf of a combination of, any of the following—

(i) the person mentioned in paragraph (a);

(ii) a body corporate associated with that person at any time during the period of construction or installation;

(iii) a previous developer;

(iv) a body corporate associated with a previous developer at any time during the period of construction or installation.

(6) For the purposes of subsection (1), it does not matter whether or not the person mentioned in that subsection is the developer in relation to the tender exercise.

(7) For the purposes of subsection (5)(b)(iii) and (iv), a person is a “previous developer” in relation to the system if—

(a) the person does not fall within subsection (5)(a), but

(b) at any time during the period of construction or installation, the person was the developer in relation to the tender exercise.

(8) In this section—

• “associated”, in relation to a body corporate, is to be construed in accordance with paragraph 37 of Schedule 2A;

• “developer”, in relation to a tender exercise, means any person within [F7 section 6CB(3)(a) or (b) (person who makes the connection request, including any person who is to be so treated by virtue of section 6CC(2)];

• [F8 “offshore transmission” means the transmission within an area of offshore waters of electricity generated by a generating station in such an area;

• “offshore transmission licence” means a transmission licence authorising anything that forms part of a transmission system to be used for purposes connected with offshore transmission;

• “offshore transmission tender regulations” means tender regulations that provide for the determination on a competitive basis of the person to whom an offshore transmission licence is to be granted;]

• “offshore transmission system” means a transmission system used for purposes connected with offshore transmission;

• “operator”, in relation to a generating station, means the person who is authorised to generate electricity from that station—

  (a)

  by a generation licence granted under section 6(1)(a), or

  (b)

  in accordance with an exemption granted under section 5(1);

• “qualifying project” is to be construed in accordance with the tender regulations;

• [F9 “tender exercise” has the meaning given by section 6CD(3);]

• “relevant generating station”, in relation to [F10 a] transmission system, means a generating station that generates electricity transmitted over the system;

• [F11 “tender regulations” has the meaning given by section 6C(1).]]

Textual Amendments

F1 Word in s. 6F heading omitted (26.10.2023) by virtue of Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 5(6)

F2 Ss. 6F-6H inserted (E.W.S.) (18.2.2014) by Energy Act 2013 (c. 32), ss. 147(3), 156(2)

F3 Word in s. 6F(2) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 5(2)

F4 Words in s. 6F(4) inserted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 5(3)(a)

F5 Words in s. 6F(4)(a) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 5(3)(b)

F6 S. 6F(4A) inserted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 5(4)

F7 Words in s. 6F(8) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 5(5)(a)

F8 Words in s. 6F(8) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 5(5)(b)

F9 Words in s. 6F(8) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 5(5)(c)

F10 Word in s. 6F(8) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 5(5)(d)

F11 Words in s. 6F(8) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 5(5)(e)