- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
4. In this Part—
“declared net capacity”, in relation to generating plant, means the highest generation of electricity at the generator terminals which can be maintained indefinitely without causing damage to the plant, less so much of that generation as is consumed by the plant, expressed in megawatts to the nearest one hundredth part of a megawatt and calculated on the following assumption:
in relation to generating plant the sole or primary source of energy for which is wind power, that the wind speed is sufficient to power the generating plant at its highest generation of electricity;
in relation to generating plant the sole or primary source of energy for which is water power, that the water flow is sufficient to power the generating plant at its highest generation of electricity; and
in any other case, that—
the temperature of the water (if any) entering the cooling system is—
19 degrees Celsius, where the water is circulated on the hereditament for re-use in the cooling system, or
10 degrees Celsius in any other case, and
in so far as they affect the generating plant—
the air temperature is 10 degrees Celsius,
the air pressure is 1013 millibars, and
water is available at all times in adequate quantities; and
“generating plant”, in relation to a hereditament, means plant in or on the hereditament which is used or available for use for the purposes of generating electricity.
5.—(1) This article applies to the class of hereditaments in relation to which the conditions in paragraph (2) are fulfilled.
(2) The conditions mentioned in paragraph (1) are that—
(a)the hereditament is entered on a local non-domestic rating list for the area of a billing authority in England;
(b)the hereditament comprises land, plant or buildings used or available for use for the purpose of generating electricity (other than by means of the burning of waste unless the waste is animal litter), where such use is the sole or primary function of the hereditament; and
(c)the generating plant in or on the hereditament—
(i)uses wind or water power as its primary source of energy, or
(ii)has a declared net capacity of 500 kilowatts or more.
(3) In determining whether the primary function of a hereditament is for the purpose of generating electricity, no account shall be taken of so much of any heat produced in or on the hereditament as is produced other than for the purpose of the generation of electricity.
6.—(1) In the case of a hereditament to which article 5 applies, paragraphs 2 to 2C of Schedule 6 to the Act(1) shall not apply, and its rateable value, in relation to any year during which the relevant list has effect, shall be an amount equal to the applicable amount.
(2) The applicable amount for the purpose of paragraph (1) is the amount produced by applying the formula
M × DNC,
where—
M is the amount set out in column (2) of the following Table in relation to the sole or primary source of energy used by that generating plant, set out in column (1), and
DNC is the declared net capacity of the generating plant in or on the hereditament (expressed to the nearest hundredth part of a megawatt).
(1) | (2) |
---|---|
Sole or primary source of energy | £ per megawatt |
The burning of coal | 9,500 |
The burning of oil | 5,000 |
The burning of natural gas where a steam turbine is used for the purposes of the generating process | 9,500 |
The burning of natural gas where a steam turbine is not used for the purposes of the generating process | 5,000 |
Nuclear fission produced by a Magnox reactor | 6,000 |
Nuclear fission not produced by a Magnox reactor | 14,000 |
Wind power | 5,000 |
Water power | 9,500 |
The burning of energy crops or animal litter | 8,900 |
The burning of gas from a landfill site | 5,000 |
Any source of energy not listed above, other than the burning of waste | 5,000 |
(3) In this article “the relevant list” means the local non-domestic rating list compiled on 1st April 2000 in which the hereditament in question falls to be shown.
Paragraph 2 is amended and paragraphs 2A and 2B inserted by paragraph 38(3) to (11) of Schedule 5 to the Local Government and Housing Act 1989. Paragraph 2C is inserted by section 2 of the Local Government and Rating Act 1997 (c. 29).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: