Modification of section 33
2.—(1) Section 33 of the Electricity Act 1989(1) shall be modified as set out in paragraph (2).
(2) Subsection (7A) shall be replaced with the following:–
“(7A) In this section, references to qualifying arrangements in relation to a supply successor company are to any arrangements which–
(a)are new arrangements, as defined in the Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2001(2) (“new arrangements”); or
(b)would be new arrangements but for the fact that the parties to them have modified the arrangements by changing the location of the generating station which is the subject of the arrangements (“modified new arrangements”), and satisfy the requirements specified in subsection (7B) below,
and which (in either case) satisfy such other requirements as may be specified in regulations made under this section.
(7B) The requirements mentioned in subsection (7A)(b) are that–
(a)the new location of the generating station is anywhere within Scotland, including (unless the relevant SRO Order requires the generating station to be “on-shore”) any part of the territorial sea of the United Kingdom which is adjacent to Scotland;
(b)planning permission and all necessary consents (including any necessary wayleave consents), servitudes and rights to enable the generating station to be constructed and operated at the new location in accordance with and as contemplated by the terms of the modified new arrangements have been obtained;
(c)no generating station has been built pursuant to the arrangements prior to the change of location;
(d)the modified new arrangements do not relate to a generating station built at the new location prior to the change of location; and
(e)evidence of the modified new arrangements has been produced to the Authority.
(7C) For the purposes of subsection (7B)(a)–
(a)the relevant SRO order is whichever of the Orders mentioned in subsection (7D) is the one pursuant to which the arrangements were first produced to the Director General of Electricity Supply (prior to the abolition of that office by section 1(3) of the Utilities Act 2000), in compliance with section 32 of this Act as originally enacted; and
(b)the reference to the territorial sea of the United Kingdom which is adjacent to Scotland is to be construed in accordance with the Scotland Act 1998(3).
(7D) The Orders referred to in subsection (7C)(a) are–
(a)the Electricity (Non-Fossil Fuel Sources) (Scotland) Order 1994(4);
(b)the Electricity (Non-Fossil Fuel Sources) (Scotland) Order 1997(5); or
(c)the Electricity (Non-Fossil Fuel Sources) (Scotland) Order 1999(6).”.
1989 c. 29. Notwithstanding its repeal by section 66 of the Utilities Act 2000, section 33 continues to have effect in Scotland by virtue of article 11(1) of S.I. 2000/2727. Section 33 has been amended by S.I. 1997/1185, the Fossil Fuel Levy Act 1998 (c. 5) section 1 and by S.I. 2001/3269.
S.I. 2001/3269 as amended by S.S.I. 2002/.
See sections 126(1) and (2) and the Scotland Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).
S.I. 1994/3275.
S.I. 1997/799.
S.I. 1999/439.