Statutory Instruments
Electricity, England
Electricity, Scotland
Made
28th July 2020
Laid before Parliament
31st July 2020
Coming into force
3rd October 2020
The Secretary of State makes the following Order in exercise of the powers conferred by section 5(1) 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, and consulted with the Scottish Ministers(2), and has considered the representations made in relation to the proposal.
1.—(1) This Order may be cited as the Electricity (Individual Exemptions from the Requirement for a Transmission Licence) (Coronavirus) Order 2020 and comes into force on 3rd October 2020.
(2) In this Order—
(a)“the Act” means the Electricity Act 1989;
(b)“successful bidder” means, in relation to the transfer of a transmission system, a person to whom, as a result of a tender exercise, an offshore transmission licence within the meaning of section 6C(5) of the Act(3) (competitive tenders for offshore transmission licences) has been or is to be granted in respect of that transmission system.
2.—(1) Exemption is granted from section 4(1)(b) of the Act(4) (prohibition on unlicensed transmission of electricity for supply) to Beatrice Offshore Windfarm Limited in respect of transmission taking place over the transmission system connected to the Beatrice Offshore Wind Farm.
(2) The exemption in paragraph (1) of this Article shall apply for the period beginning with 3rd October 2020 and ending with the earlier of—
(a)the day after the day on which the transmission system connected to Beatrice Offshore Wind Farm is transferred to a successful bidder;
(b)2nd October 2021.
(3) In this Article—
(a)“Beatrice Offshore Windfarm Limited” means Beatrice Offshore Windfarm Limited, a company registered in Scotland with the company number SC350248;
(b)“Beatrice Offshore Wind Farm” means the generating station located approximately 13.4 kilometres to 24.8 kilometres from the shore, in the Moray Firth, off the Sarclet coast in Caithness, its coordinates at its central point being Latitude 58.254063 and Longitude -2.884543.
3.—(1) Exemption is granted from section 4(1)(b) of the Act (prohibition on unlicensed transmission of electricity for supply) to Rampion Offshore Wind Limited in respect of transmission taking place over the transmission system connected to the Rampion Offshore Wind Farm.
(2) The exemption in paragraph (1) of this Article shall apply for the period beginning with 28th November 2020 and ending with the earlier of—
(a)the day after the day on which the transmission system connected to Rampion Offshore Wind Farm is transferred to a successful bidder;
(b)27th November 2021.
(3) In this Article—
(a)“Rampion Offshore Wind Limited” means Rampion Offshore Wind Limited, a company registered in England and Wales with the company number 07199847;
(b)“Rampion Offshore Wind Farm” means the generating station located approximately 13.5 kilometres to 19.6 kilometres from the shore, in the English Channel, off the Sussex coast, its coordinates at its central point being Latitude 50.668 and Longitude -0.276.
4.—(1) Exemption is granted from section 4(1)(b) of the Act (prohibition on unlicensed transmission of electricity for supply) to Hornsea 1 Limited in respect of transmission taking place over the transmission system connected to the Hornsea 1 Offshore Wind Farm.
(2) The exemption in paragraph (1) of this Article shall apply for the period beginning with 15th January 2021 and ending with the earlier of—
(a)the day after the day on which the transmission system connected to Hornsea 1 Offshore Wind Farm is transferred to a successful bidder;
(b)14th July 2021.
(3) In this Article—
(a)“Hornsea 1 Limited” means Hornsea 1 Limited, a company registered in England and Wales with the company number 07640868;
(b)“Hornsea 1 Offshore Wind Farm” means the generating station located approximately 102 kilometers to 126 kilometres from the shore, in the Southern North Sea, off the coast of East Yorkshire, its coordinates at its central point being Latitude 53.88328274 and Longitude 1.9218357.
5.—(1) Exemption is granted from section 4(1)(b) of the Act (prohibition on unlicensed transmission of electricity for supply) to East Anglia One Limited in respect of transmission taking place over the transmission system connected to the East Anglia One Offshore Wind Farm.
(2) The exemption in paragraph (1) of this Article shall apply for the period beginning with 14th September 2021 and ending with the earlier of—
(a)the day after the day on which the transmission system connected to East Anglia One Offshore Wind Farm is transferred to a successful bidder;
(b)13th December 2021.
(3) In this Article—
(a)“East Anglia One Limited” means East Anglia One Limited, a company registered in England and Wales with the company number 07366753;
(b)“East Anglia One Offshore Wind Farm” means the generating station located approximately 48.3 kilometres to 63.1 kilometres from the shore, in the Southern North Sea, off the Suffolk coast, its coordinates at its central point being Latitude 52.2282999 and Longitude 2.4935852.
Kwasi Kwarteng
Minister of State for Business, Energy and Clean Growth
Department for Business, Energy and Industrial Strategy
28th July 2020
(This note is not part of the Order)
This Order grants exemptions from the requirement to hold an electricity transmission licence.
Section 4(1)(b) of the Electricity Act 1989 prohibits the transmission of electricity for supply without a licence. The Secretary of State, exercising the powers under section 5(1) of the Electricity Act 1989, grants time limited exemptions from the requirement to hold a transmission licence, to: Beatrice Offshore Windfarm Limited in respect of the Beatrice Offshore Wind Farm; Rampion Offshore Wind Limited in respect of the Rampion Offshore Wind Farm; Hornsea 1 Limited in respect of the Hornsea 1 Offshore Wind Farm; and East Anglia One Limited in respect of the East Anglia One Offshore Wind Farm.
A full impact assessment has not been produced for this instrument as it is a temporary measure. No significant direct costs to the private, voluntary of public sector are foreseen.
An explanatory Memorandum has been prepared and is available alongside this instrument at www.legislation.gov.uk.
1989 c. 29; section 5 was substituted by section 29 of the Utilities Act 2000 (c. 27) and amended by section 145(1) and (4) of the Energy Act 2004 (c. 20) (“the 2004 Act”), S.I. 2012/2400 and S.I. 2014/631.
Under article 4 of, and Schedule 3 to, the Scotland Act 1998 (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, only exercisable after consultation with the Scottish Ministers.
Section 6C was inserted by section 92 of the 2004 Act.
Section 4(1)(b) was substituted by section 135(1) and (2) of the 2004 Act.