The Electricity (Class Exemptions from the Requirement for a Licence) Order 1990

Conditions on exemptions

4.—(1) The exemptions granted by this Order are subject to compliance with the conditions specified in paragraphs (2) to (5) below.

(2) Any person who falls within any of the classes specified in Schedule 2 and who generates electricity at a qualifying generating station shall notify the Secretary of State before the relevant date of his name and address.

(3) Any person who falls within Class C in Schedule 2 shall notify the Director before 1st July 1990 of—

(a) his name and address;

(b) the location of each generating station at which he generated electricity on 31st March 1990; and

(c) the declared net capacity of each such generating station;

and if the declared net capacity of any generating station notified to the Director is increased, or if any such person generates electricity at a generating station at which he was not generating electricity on 31st March 1990, he shall notify the Director forthwith of the increase in the declared net capacity or, as the case may be, the location of that generating station and its declared net capacity.

(4) Any person who falls within Class E in Schedule 3 shall notify the Director before 1st July 1990 of—

(a) his name and address;

(b) the address of each of the premises to which he was supplying electricity or making the supply of electricity available on 31st March 1990; and

(c) the aggregate of the maximum power which he could have made available on 31st March 1990 to the premises to which he was supplying electricity or making the supply of electricity available on that date (whether or not that amount of power was consumed on that date).

(5) If a name or address notified to the Secretary of State or the Director pursuant to paragraph 2, (3)(a) or (4)(a) above ceases to be correct the person in question shall notify the Secretary of State or, as the case may be, the Director forthwith of the change of name or address.

(6) For the purposes of paragraph (2) above—

(a) a person shall notify the Secretary of State of the matters mentioned by delivering or sending by post to him particulars of the matters mentioned to—

(i) 1 Palace Street, London SW1E 5HE if the registered office or, as the case may be, the principal office of the person in question is situated in England or Wales; or

(ii) New St. Andrews House, Edinburgh EH1 3TA if the registered office or, as the case may be, the principal office of the person in question is situated in Scotland;

(b) “qualifying generating station” means a generating station which has a declared net capacity which exceeds 200 kilowatts except a generating station which is used solely for the purpose of providing periodic or intermittent electrical power to make good any shortfall in the availability of electrical power which is normally available from some other source; and

(c) “the relevant date” in relation to any person means whichever is the later of—

(i) 1st July 1990; or

(ii) the date on which the person in question begins to generate electricity at a qualifying generating station.

(7) For the purposes of this article the address of a company shall be the address of its registered office and the address of any other person shall be the address of his principal office.