39.—(1) Subject to paragraphs (2) and (4), a generating station shall not be constructed, extended or operated except in accordance with a consent granted by the Department.
(2) Paragraph (1) shall not apply to a generating station whose capacity—
(a)does not exceed the permitted capacity, that is to say,[F1 10] megawatts; and
(b)in the case of a generating station which is to be constructed or extended, will not exceed the permitted capacity when it is constructed or extended.
[F2(2A) The Department shall only grant a consent under paragraph (1) in relation to the construction or extension of a generating station where it is satisfied that the station to which the consent relates will meet the published criteria.
(2B) Where the Department refuses to grant to any person a consent under paragraph (1), it shall by notice in writing—
(a)inform him of the fact;
(b)give him the reasons for that refusal; and
(c)inform him of his right to challenge the refusal.]
(3) The Department may by order provide that paragraph (2) shall have effect as if for the permitted capacity mentioned in sub-paragraph (a) there were substituted such other capacity as may be specified in the order.
(4) The Department may by order direct that paragraph (1) shall not apply to generating stations of a particular class or description, either generally or for such purposes as may be specified in the order.
(5) A consent under this Article—
(a)may include such conditions (including conditions as to the ownership or operation of the station) as appear to the Department to be appropriate; and
(b)shall continue in force for such period as may be specified in or determined by or under the consent.
(6) Any person who without reasonable excuse contravenes the provisions of this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) No proceedings shall be instituted in respect of an offence under this Article except by or on behalf of the Department.
(8) The provisions of Schedule 8 (which relate to consents under this Article and Article 40) shall have effect.
[F2(9) In this Article, “published criteria” means the criteria determined by the Department from time to time in accordance with and for the purposes of [F3Article 8(2)] of the Directive and published by it.]
F1SR 1994/180
F2SR 2005/335
F3Words in art. 39(9) substituted (31.12.2020) by The Electricity (Internal Markets) Regulations (Northern Ireland) 2020 (S.R. 2020/307), regs. 1, 13
Modifications etc. (not altering text)