C3C4C1C2 Part I ELECTRICITY SUPPLY

Annotations:
Modifications etc. (not altering text)
C1

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

C2

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.

6FF1Offshore transmission during commissioning period

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 an offshore 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

The third condition is that—

a

a request has been made to the Authority in accordance with the 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.

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 section 6D(2)(a) (person who makes the connection request, including any person who is to be so treated by virtue of section 6D(4));

  • “offshore transmission” has the meaning given by section 6C(6);

  • “offshore transmission licence” has the meaning given by section 6C(5);

  • “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—

    1. a

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

    2. b

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

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

  • “successful bidder” and “tender exercise” have the same meanings as in section 6D;

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

  • “the tender regulations” means regulations made under section 6C.