In this Order–

• “the 1975 Act” means the Local Government (Scotland) Act 1975;

• “a Company” means any person carrying on an undertaking and includes a Scottish electricity company;

• “declared net capacity”, in relation to generating plant, means the highest generation of electricity at the generator terminals, which can be maintained indefinitely without causing damage to the plant, less so much of that generation as is consumed by the plant, expressed in megawatts to the nearest one hundredth part of a megawatt and calculated on the relevant assumption;

• “financial year” means the period of twelve months beginning with 1st April;

• “generating plant”, in relation to any lands or heritages, means plant in or on the lands and heritages which is used or available for use for the purposes of generating electricity;

• “prescribed class of lands and heritages” means the class of lands and heritages prescribed for the purposes of section 6(1) of the 1975 Act in article 3 of this Order;

• “relevant assumption”–

  1. a

     in relation to generating plant the sole or primary source of energy for which is the burning of oil or coal, is that–

     1. i

        the temperature of the water entering the cooling system is–

        1. aa

           19 degrees Celsius, where the water is circulated on the lands and heritages for re-use in the cooling system; or

        2. bb

           10 degrees Celsius in any other case; and

     2. ii

        insofar as they affect the generating plant–

        1. aa

           the air temperature is 10 degrees Celsius; and

        2. bb

           the air pressure is 1013 millibars;

  2. b

     in relation to generating plant the sole or primary source of energy for which is wind power, is that the wind speed is sufficient to power the generating plant at its highest generation of electricity;

  3. c

     in relation to generating plant the sole or primary source of energy for which is water power, is that the water flow is sufficient to power the generating plant at its highest generation of electricity; and

  4. d

     in any other case, is the assumption specified in paragraph (a)(ii) above;

• “Scottish electricity company” means–

  1. a

     Scottish Power UK plc; or

  2. b

     Scottish and Southern Energy plc; or

  3. c

     British Energy Generation (UK) Limited; and

• “undertaking” means an undertaking for the generation of electricity.