The Electricity Act 1989 (Exemption from the Requirement for an Interconnector Licence) Order 2006

Statutory Instruments

2006 No. 2002

ELECTRICITY

The Electricity Act 1989 (Exemption from the Requirement for an Interconnector Licence) Order 2006

Made

21st July 2006

Laid before Parliament

24th July 2006

Coming into force

14th August 2006

The Secretary of State makes the following Order in exercise of the powers conferred by section 5 of the Electricity Act 1989(1).

In accordance with section 5(2) of that Act he has given notice of the proposal to make the Order and has considered the representations made in relation to that proposal.

Citation and commencement

1.  This Order may be cited as the Electricity Act 1989 (Exemption from the Requirement for an Interconnector Licence) Order 2006 and shall come into force on 14th August 2006.

Interpretation

2.  In this Order—

“the Act” means the Electricity Act 1989;

“the Interconnexion France Angleterre” means the electricity interconnector between Sellindge in England and Les Mandarins in France;

“the Isle of Man Electricity Interconnector” means the electricity interconnector between Bispham in Lancashire, England and Douglas Head, Douglas, Isle of Man;

“MCC” means Manx Cable Company Limited, registered in the Isle of Man under number 91223C;

“MEA” means the Manx Electricity Authority, a statutory board continued under the Electricity Act 1996 (an Act of Tynwald)(2);

“the Moyle Interconnector” means the electricity interconnector between Auchencrosh in Scotland and Ballycronan More in Northern Ireland;

“NIE” means Northern Ireland Electricity plc, registered in Northern Ireland under number NI026041;

“RTE” means the operator, established in France by the Act of 10 February 2000 relating to the modernisation and development of public electricity services (LOI no 2000-108), of the French electricity grid; and

“SONI” means SONI Limited, registered in Northern Ireland under number NI038715.

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

3.  Exemption is granted from section 4(1)(d) of the Act (which prohibits participation in the operation of an electricity interconnector without a licence)(3) to—

(a) MCC and MEA in respect of the Isle of Man Electricity Interconnector;

(b) RTE in respect of the Interconnexion France Angleterre;

(c) SONI in respect of the Moyle Interconnector; and

(d) NIE in respect of the Moyle Interconnector for so long as SONI does not hold a licence granted under article 10(1)(b) of the Electricity (Northern Ireland) Order 1992(4).

Jim Fitzpatrick

Parliamentary Under Secretary of State for Employment Relations and Postal Services

Department of Trade and Industry

21st July 2006

Explanatory Note

(This note is not part of the Order)

This Order grants exemption from section 4(1)(d) of the Electricity Act 1989 (which prohibits participation in the operation of an electricity interconnector without a licence) to five bodies, each of which participates in the operation of one of three electricity interconnectors. The interconnectors in question convey electricity between Great Britain and either the Isle of Man, France or Northern Ireland. The exemption granted to Northern Ireland Electricity plc only applies for so long as SONI Limited does not hold a licence granted under article 10(1)(b) of the Electricity (Northern Ireland) Order 1992.

No regulatory impact assessment has been prepared in respect of this Order because it was judged that it would not have significant implications or impact on business.

(1)

1989 c. 29; section 5 was substituted by section 29 of the Utilities Act 2000 (c. 27) and is amended by section 145(4) of the Energy Act 2004 (c. 20) from 14th August 2006: see the Energy Act 2004 (Commencement No. 7) Order 2006 (S.I. 2006/1964 (c.66)).

(2)

1996 c. 14 – an Act of Tynwald.

(3)

Section 4(1)(d) is inserted by section 145(2) of the Energy Act 2004 (c. 20) from 14th August 2006: see the Energy Act 2004 (Commencement No. 7) Order 2006 (S.I. 2006/1964 (c.66)).

(4)

1992/231 (N.I. 1). Article 10(1)(b) will be amended by article 28(4) of the Energy (Northern Ireland) Order 2003 (N.I. 6), once that provision is commenced.