C7C8C9C5C6 Part I ELECTRICITY SUPPLY

Annotations:
Modifications etc. (not altering text)
C5

Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C6

Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10

Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))

Licensing of supply etc.

4 Prohibition on unlicensed supply etc.

1

A person who—

C1C2C10a

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

C11C12F4b

participates in the transmission of electricity for that purpose;

C3F1bb

distributes electricity for that purpose;

C1C4c

supplies electricity to any premises, F12...

F8d

participates in the operation of an electricity interconnectorF13; or

e

provides a smart meter communication service,

F2shall be guilty of an offence unless he is authorised to do so by a licence ... .

2

A person guilty of an offence under this section shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to a fine.

3

No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or on behalf of the Secretary of State or the Director.

F173ZA

In subsection (1)(a), the reference to a person who generates electricity includes a reference to a person who generates electricity from stored energy.

3ZB

In subsection (3ZA), “stored energy” means energy that—

a

was converted from electricity, and

b

is stored for the purpose of its future reconversion into electricity.

F53A

In subsection (1)(b) above, the reference to a person who participates in the transmission of electricity is to a person who—

a

co-ordinates, and directs, the flow of electricity onto and over a transmission system by means of which the transmission of electricity takes place, or

b

makes available for use for the purposes of such a transmission system anything which forms part of it.

F143AA

Subsection (3A) is subject to section 6F (offshore transmission during commissioning period).

3B

For the purposes of subsection (3A)(b), a person shall not be regarded as making something available just because he consents to its being made available by another.

F73C

A reference in this Part to participating in the operation of an electricity interconnector is a reference to—

a

co-ordinating and directing the flow of electricity into or through an electricity interconnector; or

b

making such an interconnector available for use for the conveyance of electricity;

and a person is not to be regarded as participating in the transmission of electricity by reason only of activities constituting participation in the operation of an electricity interconnector.

3D

For the purposes of subsection (3C)(b), a person shall not be regarded as making something available just because he consents to its being made available by another.

3E

In this Part “electricity interconnector” means so much of an electric line or other electrical plant as—

a

is situated at a place within the jurisdiction of Great Britain; and

b

subsists wholly or primarily for the purposes of the conveyance of electricity (whether in both directions or in only one) between Great Britain and a place within the jurisdiction of another country or territory.

3F

For the purposes of this section—

a

a place is within the jurisdiction of Great Britain if it is in Great Britain, in the territorial sea adjacent to Great Britain or in an area designated under section 1(7) of the Continental Shelf Act 1964; and

b

a place is within the jurisdiction of another country or territory if it is in that country or territory or in waters in relation to which authorities of that country or territory exercise jurisdiction.

F103G

A reference in this Part to providing a smart meter communication service is a reference to making arrangements with each domestic supplier to provide a service, for such suppliers, of communicating relevant information to and from smart meters through which electricity is supplied to domestic premises.

4

In this Part, unless the context otherwise requires—

  • F3“distribute”, in relation to electricity, means distribute by means of a distribution system, that is to say, a system which consists (wholly or mainly) of low voltage lines and electrical plant and is used for conveying electricity to any premises or to any other distribution system;

  • F16“generate”, in relation to electricity, means generate at a relevant place;

  • F9“supply”, in relation to electricity, means its supply to premises in cases where—

    1. a

      it is conveyed to the premises wholly or partly by means of a distribution system, or

    2. b

      (without being so conveyed) it is supplied to the premises from a substation to which it has been conveyed by means of a transmission system,

    but does not include its supply to premises occupied by a licence holder for the purpose of carrying on activities which he is authorised by his licence to carry on;

  • F6“transmission”, in relation to electricity, means transmission by means of a transmission system;

  • “transmission system” means a system which—

    1. a

      consists (wholly or mainly) of high voltage lines and electrical plant, and

    2. b

      is used for conveying electricity from a generating station to a substation, from one generating station to another or from one substation to another.

F155

In this section—

  • “relevant place” means a place in Great Britain, in the territorial sea adjacent to Great Britain or in a Renewable Energy Zone; and

  • “system” means a system the whole or a part of which is at a relevant place;

and references in this section to premises are references to premises situated at a relevant place, or at a place that is not in a Renewable Energy Zone but is in an area designated under section 1(7) of the Continental Shelf Act 1964.

F116

In this section—

  • “domestic supplier” means an electricity supplier—

    1. a

      who is authorised, in accordance with the conditions of a licence, to supply electricity to domestic premises; and

    2. b

      who supplies electricity to domestic premises in accordance with that licence;

  • “external electronic communications network” means a network which—

    1. a

      is an electronic communications network, within the meaning of section 32 of the Communications Act 2003; and

    2. b

      does not form part of a smart meter;

  • “relevant information” means information relating to the supply of electricity; and

  • “smart meter” means—

    1. a

      an electricity meter which can send and receive information using an external electronic communications network; or

    2. b

      an electricity meter and a device which is associated with or ancillary to that meter and which enables information to be sent to and received by the meter using an external electronic communications network.