2.—(1) In this Order—
“the Act” means the Electricity Act 1989;
“declared net capacity” in relation to a generating station has the meaning given to that expression in Schedule 1;
“offshore installation” has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971(1);
“road” has the same meaning as in section 192(1) and (2) of the Road Traffic Act 1988(2); and
“successor company” has the same meaning as in Part II of the Act.
(2) For the purposes of this Order—
(a)one body corporate shall be treated as associated with another if—
(i)one of them is a subsidiary of the other; or
(ii)both of them are subsidiaries of the same holding company;
and “holding company” and “subsidiary” shall have the same meaning as in section 736 of the Companies Act 1985(3) as substituted by section 144(1) of the Companies Act 1989(4), whether or not that subsection is in force on 31st March 1990;
(b)one body corporate shall be treated as related to another if—
(i)one of them is a 75 per cent. subsidiary of the other; or
(ii)both of them are 75 per cent. subsidiaries of a third body corporate;
and 75 per cent. subsidiary shall be construed in accordance with section 838 of the Income and Corporation Taxes Act 1988(5);
(c)one body corporate shall be treated as wholly related to another if—
(i)one of them is a wholly owned subsidiary of the other and no other body corporate is a parent undertaking in relation to either of them; or
(ii)both of them are wholly owned subsidiaries of a third body corporate and no body corporate, other than that third body, is a parent undertaking in relation to either of them;
and in this sub-paragraph—
“wholly owned subsidiary” has the same meaning as in section 736 of the Companies Act 1985 as substituted by section 144(1) of the Companies Act 1989, whether or not that subsection is in force on 31st March 1990; and
“parent undertaking” has the same meaning as in section 258 of the Companies Act 1985 as inserted by section 21 of the Companies Act 1989, whether or not that section is in force on 31st March 1990; and
(d)a person shall be treated as generating electricity at any time if he is the operator of plant or equipment which at that time—
(i)is generating or capable of generating electricity; or
(ii)is not capable of generating electricity only by reason of the repair or testing of the plant or equipment.
1971 c. 61; section 1 was substituted by section 24 of the Oil and Gas (Enterprise) Act 1982 (c. 23).