The Electricity (Individual Exemption from the Requirement for a Supply Licence) (E.ON UK CHP Limited) (England) Order 2020

Statutory Instruments

2020 No. 569

Electricity

The Electricity (Individual Exemption from the Requirement for a Supply Licence) (E.ON UK CHP Limited) (England) Order 2020

Made

2nd June 2020

Laid before Parliament

4th June 2020

Coming into force

26th June 2020

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

The Secretary of State has given notice of the proposal to make this Order in accordance with sections 5(2) and 5(3) of that Act. No representations in respect of the proposal have been made.

Citation and commencement

1.  This Order may be cited as the Electricity (Individual Exemption from the Requirement for a Supply Licence) (E.ON UK CHP Limited) (England) Order 2020 and comes into force on 26th June 2020.

Interpretation

2.  In this Order—

“the Act” means the Electricity Act 1989;

“E.ON UK CHP Limited” means the company of that name registered in England and Wales with company number 02684288; and

“relevant premises” means premises located in the areas shaded in yellow in the plan of the Port of Liverpool in the Schedule, other than premises to which electricity is supplied wholly or mainly for domestic purposes.

Exemption from prohibition of unlicensed supply of electricity

3.—(1) Subject to paragraph (2), exemption is granted from section 4(1)(c) of the Act(2) (prohibition of unlicensed supply of electricity to any premises) to E.ON UK CHP Limited in respect of any supply by it of electricity to relevant premises.

(2) The exemption granted by paragraph (1) is subject to the following conditions—

(a) E.ON UK CHP Limited does not hold a licence under section 6(1)(d) of the Act(3);

(b) except in circumstances outside the reasonable control of E.ON UK CHP Limited, E.ON UK CHP Limited does not supply more than 8 megawatts of electricity to relevant premises; and

(c) the exemption is granted for the period ending on 31st March 2024.

Kwasi Kwarteng

Minister of State

Department for Business, Energy and Industrial Strategy

2nd June 2020

Article 2

SCHEDULE The Port of Liverpool

EXPLANATORY NOTE

(This note is not part of the Order)

This Order grants an exemption from the requirements of section 4(1)(c) of the Electricity Act 1989 (which prohibits the supply of electricity to any premises without a licence) to E.ON UK CHP Limited in relation to supply of electricity to premises (which are not domestic premises) in relevant areas of the port of Liverpool. The plan in the Schedule to the Order identifies those relevant areas.

A regulatory impact assessment has not been prepared because the impact of this Order has been assessed to be de minimis.

(1)

1989 c.29; section 5 was substituted by section 29 of the Utilities Act 2000 (c.27). Section 5 has been amended by other instruments, but those amendments are not relevant to this Order.

(2)

The definition of “supply” in section 4(4) of the Act was substituted by section 179(1), of the Energy Act 2004 (c.20).

(3)

Section 6 of the Act was substituted by section 30 of the Utilities Act 2000. Section 6 has been amended by other instruments, but those amendments are not relevant to this Order.