The Infrastructure Planning (Electricity Storage Facilities) Order 2020

Transitional and savings provisions

6.—(1) Paragraph (2) applies to an order granting development consent for the construction or extension of a generating station which comprises, in whole or in part, an exempt electricity storage facility, where the order has been made before the day on which this Order comes into force.

(2) In such a case—

(a) the provisions of the Act are to continue to apply to the order as if the amendments in article 3 had not been made;

(b) subject to paragraph (3), the order is to have effect, and the provisions of the Act are to continue to apply, in relation to—

(i) the development in respect of which the order has been made; and

(ii) anything else authorised or required by the order;

as if the amendments in article 3 had not been made;

(c) subject to paragraph (3), where the order is amended or changed under the provisions of Schedule 4 or 6 to the Act, the order is to have effect and the provisions of the Act are to continue to apply, in relation to—

(i) the development authorised by the order as amended or changed; and

(ii) anything else authorised or required by the order as amended or changed;

as if the amendments in article 3 had not been made;

(d) subject to paragraph (3), where a new or replacement order is made as a result of a judicial review, that order is to have effect, and the provisions of the Act are to continue to apply, in relation to—

(i) the development in respect of which the new or replacement order has effect; and

(ii) anything else authorised or required by the new or replacement order;

as if the amendments in article 3 had not been made.

(3) Nothing in subparagraphs (2)(b) to (d) shall be construed as requiring an application for an order granting development consent to be made for the extension of a generating station where—

(a) the extension comprises or (when constructed or extended) is expected to comprise an exempt electricity storage facility; and

(b) no application for an order granting development consent for the extension has been accepted in accordance with section 55 of the Act before the day on which this Order comes into force.