The Electricity (Exemption from the Requirement for a Generation Licence) (Moy) Order 2015

Statutory Instruments

2015 No. 1410

Electricity

The Electricity (Exemption from the Requirement for a Generation Licence) (Moy) Order 2015

Made

23rd June 2015

Laid before Parliament

26th June 2015

Coming into force

25th July 2015

The Secretary of State, after consultation with the Scottish Ministers, makes the following Order in exercise of the powers conferred by section 5 of the Electricity Act 1989(1).

The Secretary of State has given notice of the proposal to make this Order in accordance with section 5(2) and (3) of that Act. No representations in respect of the proposal have been made.

Citation and commencement

1.  This Order may be cited as the Electricity (Exemption from the Requirement for a Generation Licence) (Moy) Order 2015 and comes into force on 25th July 2015.

Interpretation

2.  In this Order—

“the Act” means the Electricity Act 1989;

“the company” means Carbon Free Moy Limited, a company registered in England and Wales with company number 07145797;

“the generating station” means the Moy onshore wind farm, an electricity generating station whose entrance is located at Ordnance Survey map reference NH 761 348, near Inverness, Scotland;

“the total system” means all transmission systems and distribution systems, located in Great Britain, of holders of licences under section 6(1)(b) and (c) of the Act(2) (transmission and distribution licences).

Exemption from section 4(1)(a) of the Act

3.—(1) Subject to paragraph (2), the company is granted exemption from section 4(1)(a) of the Act (prohibition of unlicensed generation of electricity for supply) in respect of the generating station.

(2) The exemption granted in paragraph (1) is subject to compliance with the following conditions—

(a) that the generating station is connected to the total system;

(b) that, except in circumstances outside the reasonable control of the company, the generating station does not export more than 100 megawatts of electrical power to the total system; and

(c) that the company does not hold a licence under section 6(1)(a) of the Act.

Andrea Leadsom

Minister of State

Department of Energy and Climate Change

23rd June 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order grants exemption from the requirements of section 4(1)(a) of the Electricity Act 1989 (which prohibits the generation of electricity for supply to any premises without a licence) to Carbon Free Moy Limited in relation to the Moy onshore wind farm, an electricity generating station whose entrance is located at Ordnance Survey map reference NH 761 348, near Inverness, Scotland.

A regulatory impact assessment in respect of exemptions from the requirements of section 4(1)(a) of the Electricity Act 1989 was prepared in 2001 and can be obtained from the Department of Energy and Climate Change, Energy Markets Unit, 4th Floor, 3 Whitehall Place, London, SW1A 2AW. Copies have been placed in the libraries of both Houses of Parliament.

(1)

1989 c.29. Section 5 was substituted by section 29 of the Utilities Act 2000 (c.27). Under article 4 of and Schedule 3 to the Scotland Act (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), functions under section 5(1) of the Electricity Act 1989 are, in so far as they are exercisable in or as regards Scotland, exercisable only after consultation with the Scottish Ministers.

(2)

Section 6 was substituted by section 30 of the Utilities Act 2000.