The Electricity (Class Exemptions from the Requirement for a Licence) (Amendment) (England and Wales) Order 2000

Statutory Instruments

2000 No. 2424

ELECTRICITY, ENGLAND AND WALES

The Electricity (Class Exemptions from the Requirement for a Licence) (Amendment) (England and Wales) Order 2000

Made

6th September 2000

Laid before Parliament

8th September 2000

Coming into force

1st October 2000

The Secretary of State in exercise of the powers conferred by sections 5 and 111(2) of the Electricity Act 1989(1) and after consultation with the Director General of Electricity Supply, hereby makes the following Order:—

Citation, commencement, duration and extent

1.—(1) This Order may be cited as the Electricity (Class Exemptions from the Requirement for a Licence) (Amendment) (England and Wales) Order 2000 and shall come into force on 1st October 2000.

(2) This Order shall continue in force for one year and it and the exemptions contained in it shall then expire.

(3) This Order does not extend to Scotland.

Interpretation

2.  In this Order “the 1997 Order” means the Electricity (Class Exemptions from the Requirement for a Licence) Order 1997(2).

Amendments to the 1997 Order

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—

“Class C: Generators not exceeding 100 megawatts

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.

Class D: Generators that have never been subject to central despatch

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).”.

Helen Liddell

Minister for Energy and Competitiveness in Europe,

Department of Trade and Industry

6th September 2000

Explanatory Note

(This note is not part of the Order)

This Order amends the Electricity (Class Exemptions from the Requirement for a Licence) Order 1997 (S.I. 1997/989). It grants for a period of one year exemption from the requirement to hold a licence to generate electricity to two new classes of persons whose generating stations were connected to the transmission system in England and Wales or a distribution system in England and Wales on 30th September 2000. The new Class C covers persons whose stations are not normally capable of exporting more than 100 megawatts and the new Class D covers persons with stations which were not subject to central despatch on 30th September 2000. The Order does not extend to Scotland.

A regulatory impact assessment is available and can be obtained from Energy Utilities Directorate, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET. Copies have been placed in the libraries of both Houses of Parliament.

(1)

1989 c. 29.

(2)

S.I. 1997/989.