3.—(1) In article 2(1) of the 1997 Order there shall be inserted in the appropriate places—
““distribution system” means a system which consists (wholly or mainly) of low voltage lines and electrical plant and is used for conveying electricity to any premises or to any other distribution system;
“licensed transmitter” means the holder of a licence under section 6(1)(b) of the Act;
“total system” means the transmission system in England and Wales of the licensed transmitter and all distribution systems in England and Wales.”.
(2) After article 4(2) of the 1997 Order there shall be inserted the following—
“(3) The exemption granted by article 3(1)(a) to persons in Class D in Schedule 2 is subject to compliance with the condition specified in paragraph (4) below.
(4) The highest generation of electricity from any generating station of such a person (at the main alternator terminals) which can be maintained indefinitely without causing damage to the plant (the “maximum capacity”) shall not at any time exceed the maximum capacity of that generating station on 30th September 2000.”.
(3) After Class B in Schedule 2 to the 1997 Order there shall be inserted the following—
Persons (other than licensed generators) who do not provide any electrical power except from generating stations which were connected to the total system on 30th September 2000 and which are not normally capable of exporting more than 100 megawatts to the total system, disregarding power temporarily provided in excess of 100 megawatts due to technical circumstances outside the reasonable control of the person providing that power.
Persons (other than licensed generators) who do not provide electrical power except from generating stations which were connected to the total system on 30th September 2000 provided that under the terms and conditions of their licences under section 6(1)(a) of the Act they were not on that date required to submit those stations to central despatch by the licensed transmitter (central despatch being the process by which the licensed transmitter schedules and issues direct instructions to licensed generators for the despatch of electrical power).”.