Citation and commencement

1.  This Order may be cited as the Electricity (Exemptions from the Requirement for a Generation Licence) Order 2017 and comes into force on 4th August 2017.

Interpretation

2.  In this Order-

"the Act" means the Electricity Act 1989;

"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(3).

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

3.-(1) Subject to paragraph (2), each company named in the first column of the following table is granted exemption from section 4(1)(a) of the Act (prohibition of unlicensed generation of electricity for supply) in respect of the electricity generating station described in the corresponding entry in the second column.

(2) Each of the exemptions granted by paragraph (1) is subject to compliance with the conditions specified in the Schedule in relation to that exemption.

Article 3(2)

SCHEDULEConditions applying to exemptions

1.  The exemption granted by article 3(1) to Banks Renewables (Kype Muir Wind Farm) Limited in respect of Kype Muir Wind Farm is subject to the conditions that-

(a)Kype Muir Wind Farm is connected to the total system;

(b)except in circumstances outside the reasonable control of Banks Renewables (Kype Muir Wind Farm) Limited, Kype Muir Wind Farm does not export more than 100 megawatts of electrical power to the total system; and

(c)Banks Renewables (Kype Muir Wind Farm) Limited does not hold a licence under section 6(1)(a) of the Act.

2.  The exemption granted by article 3(1) to Banks Renewables (Middle Muir Wind Farm) Limited in respect of Middle Muir Wind Farm is subject to the conditions that-

(a)Middle Muir Wind Farm is connected to the total system;

(b)except in circumstances outside the reasonable control of Banks Renewables (Middle Muir Wind Farm) Limited, Middle Muir Wind Farm does not export more than 100 megawatts of electrical power to the total system; and

(c)Banks Renewables (Middle Muir Wind Farm) Limited does not hold a licence under section 6(1)(a) of the Act.

3.  The exemption granted by article 3(1) to Brockloch Rig Windfarm Limited in respect of Brockloch Rig Windfarm is subject to the conditions that-

(a)Brockloch Rig Windfarm is connected to the total system;

(b)except in circumstances outside the reasonable control of Brockloch Rig Windfarm Limited, Brockloch Rig Windfarm does not export more than 100 megawatts of electrical power to the total system; and

(c)Brockloch Rig Windfarm Limited does not hold a licence under section 6(1)(a) of the Act.

4.  The exemption granted by article 3(1) to Heck Fen Wind Park Limited in respect of Heckington Fen Wind Park is subject to the conditions that-

(a)Heckington Fen Wind Park is connected to the total system;

(b)except in circumstances outside the reasonable control of Heck Fen Wind Park Limited, Heckington Fen Wind Park does not export more than 100 megawatts of electrical power to the total system; and

(c)Heck Fen Wind Park Limited does not hold a licence under section 6(1)(a) of the Act.

5.  The exemption granted by article 3(1) to Innogy Renewables UK Limited in respect of Brechfa Forest West Wind Farm is subject to the conditions that-

(a)Brechfa Forest West Wind Farm is connected to the total system;

(b)except in circumstances outside the reasonable control of Innogy Renewables UK Limited, Brechfa Forest West Wind Farm does not export more than 100 megawatts of electrical power to the total system; and

(c)Innogy Renewables UK Limited does not hold a licence under section 6(1)(a) of the Act.

6.  The exemption granted by article 3(1) to Ray Wind Farm Limited in respect of Ray Wind Farm is subject to the conditions that-

(a)Ray Wind Farm is connected to the total system;

(b)except in circumstances outside the reasonable control of Ray Wind Farm Limited, Ray Wind Farm does not export more than 100 megawatts of electrical power to the total system; and

(c)Ray Wind Farm Limited does not hold a licence under section 6(1)(a) of the Act.

7.  The exemption granted by article 3(1) to RWE Cogen UK Limited in respect of Cheshire Power Station is subject to the conditions that-

(a)Cheshire Power Station is connected to the total system;

(b)except in circumstances outside the reasonable control of RWE Cogen UK Limited, Cheshire Power Station does not export more than 100 megawatts of electrical power to the total system; and

(c)RWE Cogen UK Limited does not hold a licence under section 6(1)(a) of the Act.

8.  The exemption granted by article 3(1) to Snowdonia Pumped Hydro Limited in respect of Glyn Rhonwy Pumped Hydro is subject to the conditions that-

(a)Glyn Rhonwy Pumped Hydro is connected to the total system;

(b)except in circumstances outside the reasonable control of Snowdonia Pumped Hydro Limited, Glyn Rhonwy Pumped Hydro does not export more than 100 megawatts of electrical power to the total system; and

(c)Snowdonia Pumped Hydro Limited does not hold a licence under section 6(1)(a) of the Act.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order grants exemptions from section 4(1)(a) of the Electricity Act 1989 (which prohibits the generation of electricity for supply to any premises without a licence) in relation to eight electricity generating stations in Great Britain. The companies granted exemptions are:

• Banks Renewables (Kype Muir Wind Farm) Limited, in relation to Kype Muir Wind Farm, an electricity generating station whose entrance is located at Ordnance Survey map reference NS 690 401, approximately 5 kilometres south of Strathaven, South Lanarkshire;

• Banks Renewables (Middle Muir Wind Farm) Limited, in relation to Middle Muir Wind Farm, an electricity generating station whose entrance is located at Ordnance Survey map reference NS 867 273, approximately 2 kilometres north of Crawfordjohn, South Lanarkshire;

• Brockloch Rig Windfarm Limited, in respect of Brockloch Rig Windfarm (also known as Windy Standard 2 Windfarm), an electricity generating station located at Ordnance Survey map reference NS 601 043, approximately 11 kilometres north-northeast of Carsphairn, Dumfries and Galloway;

• Heck Fen Wind Park Limited, in relation to Heckington Fen Wind Park, whose entrance is located at Ordnance Survey map reference TF 205 457, at East Heckington, Lincolnshire;

• Innogy Renewables UK Limited, in relation to Brechfa Forest West Wind Farm, whose entrance is located at Ordnance Survey map reference SN 460 349, approximately 2 kilometres south east of Pencader, Carmarthenshire;

• Ray Wind Farm Limited, in relation to Ray Wind Farm, whose entrance is located at Ordnance Survey map reference NY 965 884, at Ray Estate, approximately 5 kilometres north west of Kirkwhelpington, Northumberland;

• RWE Cogen UK Limited, in relation to Cheshire Power Station, whose entrance is located at Ordnance Survey map reference SJ 392 783, Ellesmere Port, South Wirral, Cheshire CH65 1AF; and

• Snowdonia Pumped Hydro Limited, in relation to Glyn Rhonwy Pumped Hydro, whose entrance is located at Ordnance Survey map reference SH 567 608, approximately 1 kilometre north west of Llanberis, Gwynedd.

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 for Business, Energy and Industrial Strategy, Energy Markets and Affordability Unit, 1 Victoria Street, London SW1H 0ET. Copies have been placed in the libraries of both Houses of Parliament.