2020 No. 1217
The Electricity Storage Facilities (Exemption) (England and Wales) Order 2020
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred by sections 36(2), (4) and 111(2) of the Electricity Act 19891, makes the following Order:
Citation, commencement and extent1
1
This Order may be cited as the Electricity Storage Facilities (Exemption) (England and Wales) Order 2020 and comes into force on 2nd December 2020.
2
This Order extends to England and Wales only.
Interpretation2
In this Order—
“the 1989 Act” means the Electricity Act 1989;
“electricity storage facility” means a facility which generates electricity from energy that—
- a
was converted from electricity by that facility, and
- b
is stored within that facility for the purpose of its future reconversion into electricity;
- a
“exempt electricity storage facility” means an electricity storage facility which is not a pumped hydroelectric storage facility;
“pumped hydroelectric storage facility” means an electricity storage facility that stores the gravitational potential energy of water that has been pumped to a higher level so that its return to a lower level can be used to generate electricity.
Application of section 36 of the 1989 Act to electricity storage facilities: England3
1
This article applies in the case of generating stations otherwise than in Wales or in Welsh waters which—
a
comprise, or (when constructed or extended) are expected to comprise, in whole or in part, an exempt electricity storage facility; and
b
exceed, or (when constructed or extended) are expected to exceed, the permitted capacity referred to in section 36(2)(a) and (b) of the 1989 Act or any capacity substituted for it which would otherwise apply.
2
Subject to paragraph (3), section 36(1) of the 1989 Act shall not apply to the generating station.
3
Where the condition in paragraph (1)(b) is met regardless of any capacity provided by an exempt electricity storage facility, paragraph (2) applies only to the extent of the exempt electricity storage facility.
Application of section 36 of the 1989 Act to electricity storage facilities: Wales4
1
This article applies in the case of generating stations in Wales or in Welsh waters which—
a
comprise, or (when constructed or extended) are expected to comprise, in whole or in part, an exempt electricity storage facility; and
b
exceed, or (when constructed or extended) are expected to exceed, the devolved capacity referred to in section 36(2)(c) and (d) of the 1989 Act.
2
Subject to paragraph (3), section 36(1) of the 1989 Act shall not apply to the generating station.
3
Where the condition in paragraph (1)(b) is met regardless of any capacity provided from an exempt electricity storage facility, paragraph (2) applies only to the extent of the exempt electricity storage facility.
Saving provision5
Nothing in articles 3 and 4 affects the continuing validity of any consent under section 36(1) of the 1989 Act, or any direction under section 90(2) of the Town and Country Planning Act 19902, granted or varied before the day on which this Order comes into force.
(This note is not part of the Order)