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(1)The matters to which the Secretary of State may have regard, in exercising or performing the powers and duties conferred or imposed on him by or under this Act, include, in particular—
(a)activities in relevant waters for or in connection with the generation of electricity;
(b)proposals made by a person to carry on such activities;
(c)the proposals that it appears to the Secretary of State may be made in the future for the carrying on of such activities; and
(d)the likelihood that activities will in due course be carried on in accordance with proposals falling within paragraph (b) or (c).
(2)The reference in subsection (1) to activities in connection with the generation of electricity in relevant waters includes—
(a)the transmission, distribution and supply of the electricity generated; and
(b)the doing of anything (whether by way of investigations, trials or feasibility studies or otherwise) with a view to ascertaining whether activities in relevant waters for or in connection with the generation of electricity are, in a particular case, practicable or commercially viable, or both.
(3)In this section—
“distribution”, “generate”, “supply” and “transmission”, and cognate expressions, have the same meanings as in Part 1 of the Electricity Act 1989; and
“relevant waters” means—
waters in or adjacent to the United Kingdom up to the seaward limits of the territorial sea; or
waters in a Renewable Energy Zone (within the meaning of Chapter 2 of Part 2 of the Energy Act 2004).]
Textual Amendments
F1S. 47A inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 103(4), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1