Part V Miscellaneous and General

47AF1Factors for the F8OGA to take into account

1

The matters to which the F5OGA may have regard, in exercising or performing the powers and duties conferred or imposed on F6it by or under this Act, include, in particular—

a

activities in relevant waters for or in connection with the generation of electricity;

F3aa

activities which are authorised by a licence under Chapter 2 or 3 of Part 1 of the Energy Act 2008 (gas importation and storage);

b

proposals made by a person to carry on F4activities within paragraph (a) or (aa) ;

c

the proposals that it appears to the F5OGA may be made in the future for the carrying on of such activities; and

d

the likelihood that activities will in due course be carried on in accordance with proposals falling within paragraph (b) or (c).

2

The reference in subsection (1) to activities in connection with the generation of electricity in relevant waters includes—

a

the transmission, distribution and supply of the electricity generated; and

b

the doing of anything (whether by way of investigations, trials or feasibility studies or otherwise) with a view to ascertaining whether activities in relevant waters for or in connection with the generation of electricity are, in a particular case, practicable or commercially viable, or both.

F22A

For the purposes of subsection (1)(aa), activities are to be regarded as activities authorised by a licence under Chapter 2 or 3 of Part 1 of the Energy Act 2008 if, by virtue of such a licence, they are activities which may be carried on only with the consent of the F7OGA or another person.

3

In this section—

  • distribution”, “generate”, “supply” and “transmission”, and cognate expressions, have the same meanings as in Part 1 of the Electricity Act 1989; and

  • relevant waters” means—

    1. a

      waters in or adjacent to the United Kingdom up to the seaward limits of the territorial sea; or

    2. b

      waters in a Renewable Energy Zone (within the meaning of Chapter 2 of Part 2 of the Energy Act 2004).