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The Electricity (Northern Ireland) Order 1992
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Changes over time for: Section 39
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The Electricity (Northern Ireland) Order 1992, Section 39 is up to date with all changes known to be in force on or before 18 November 2024. 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.
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Changes and effects yet to be applied to Article 39:
- Instrument am. (ot.prosp.) by 1998 c. 41 s.66(5) Sch.10 Pt.III para.7
- Instrument am. (prosp.) by 1998 c. 41 s.66(5) Sch.10 Pt.V para.17
- Instrument rev. in pt. (prosp.) by 1998 c. 41 ss.66(5),74(3), Sch.10, Pt.V, para.17, Sch.14, Pt.II
- art. 39(9) words substituted by S.I. 2019/530 reg. 101(2) (This amendment not applied to legislation.gov.uk. Regs. 84-103 omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(30))
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 10E(7) inserted by S.I. 2019/530 reg. 89(6) (This amendment not applied to legislation.gov.uk. Regs. 84-103 omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(30))
- art. 10F(9)(10) inserted by S.I. 2019/530 reg. 90(6) (This amendment not applied to legislation.gov.uk. Regs. 84-103 omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(30))
- art. 10K(8A) inserted by S.I. 2019/530 reg. 94(7) (This amendment not applied to legislation.gov.uk. Regs. 84-103 omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(30))
- art. 11B(6)(7) inserted by S.I. 2019/530 reg. 99(4) (This amendment not applied to legislation.gov.uk. Regs. 84-103 omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(30))
- art. 18(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 5(2)(b) (as substituted) by S.I. 2019/1245 reg. 22 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- art. 31A(1A) inserted by S.I. 2019/530 reg. 100(3) (This amendment not applied to legislation.gov.uk. Regs. 84-103 omitted (15.9.2020) by virtue of S.I. 2020/1016, regs. 1(2), 3(30))
- art. 46(8) inserted by 2024 c. 13 Sch. 29 para. 6
- art. 65(1A) inserted by S.I. 2006/2955 (N.I.) art. 3(2)
- art. 65(3)-(5) added by S.I. 2006/2955 (N.I.) art. 3(3)
Consent required for construction, etc., of generating stationsN.I.
39.—(1) Subject to paragraphs (2) and (4), a generating station shall not be constructed, extended or operated except in accordance with a consent granted by the Department.
(2) Paragraph (1) shall not apply to a generating station whose capacity—
(a)does not exceed the permitted capacity, that is to say,[F1 10] megawatts; and
(b)in the case of a generating station which is to be constructed or extended, will not exceed the permitted capacity when it is constructed or extended.
[F2(2A) The Department shall only grant a consent under paragraph (1) in relation to the construction or extension of a generating station where it is satisfied that the station to which the consent relates will meet the published criteria.
(2B) Where the Department refuses to grant to any person a consent under paragraph (1), it shall by notice in writing—
(a)inform him of the fact;
(b)give him the reasons for that refusal; and
(c)inform him of his right to challenge the refusal.]
(3) The Department may by order provide that paragraph (2) shall have effect as if for the permitted capacity mentioned in sub-paragraph (a) there were substituted such other capacity as may be specified in the order.
(4) The Department may by order direct that paragraph (1) shall not apply to generating stations of a particular class or description, either generally or for such purposes as may be specified in the order.
(5) A consent under this Article—
(a)may include such conditions (including conditions as to the ownership or operation of the station) as appear to the Department to be appropriate; and
(b)shall continue in force for such period as may be specified in or determined by or under the consent.
(6) Any person who without reasonable excuse contravenes the provisions of this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) No proceedings shall be instituted in respect of an offence under this Article except by or on behalf of the Department.
(8) The provisions of Schedule 8 (which relate to consents under this Article and Article 40) shall have effect.
[F2(9) In this Article, “published criteria” means the criteria determined by the Department from time to time in accordance with and for the purposes of [F3Article 8(2)] of the Directive and published by it.]
F1SR 1994/180
F2SR 2005/335
F3Words in art. 39(9) substituted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 13
Modifications etc. (not altering text)
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