(1)The construction or extension of a generating station is within section 14(1)(a) only if the generating station is or (when constructed or extended) is expected to be within subsection (2) or (3).
(2)A generating station is within this subsection if—
(a)it is in England or Wales,
(b)it is not an offshore generating station, and
(c)its capacity is more than 50 megawatts.
(3)A generating station is within this subsection if—
(a)it is an offshore generating station, and
(b)its capacity is more than 100 megawatts.
(4)An “offshore” generating station is a generating station that is—
(a)in waters in or adjacent to England or Wales up to the seaward limits of the territorial sea, or
(b)in a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.
Commencement Information
I1S. 15 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)